Terms of Use
Welcome to AIMIYA Software internet website (further "Site" and/or "Service"). These Terms of Use together with Amerco International Limited (further "Amerco" and/or "we") Privacy Statement (collectively the "Terms") govern your use of this Site. Amerco may change the Terms of Use from time to time. Your access to the site in any way is evidence of your acceptance of the Terms and the enforcement of said Terms. If you do not agree to these terms and conditions, you may not use the Site. Amerco reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the Site. Please review the Terms periodically. Your continued use of the Site or any materials or services accessible through it, after such posting or notification means you accept the modifications. Amerco reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof). Amerco shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
Accepting the Terms of Use
The following information is important:
a) IT IS IMPORTANT THAT YOU READ ALL THE TERMS OF USE CAREFULLY. Your use of AIMIYA Software products, software, services and/or web sites, (referred to collectively as the “Services”) is subject to the current terms and conditions (“Terms”) which form a legally binding agreement between you and Amerco.
b) In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
c) You can accept the Terms by clicking on Accept or Agree to the Terms, where this option is made available to you by Amerco in the user interface for any Product or Services; or
d) You can access the Terms by actually using the Services. In this case, you understand and agree that Amerco will treat your use of their Services as acceptance of the Terms from that point onwards.
e) You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Amerco, or you are a person barred from receiving the Services under the laws of Canada, the United States or other countries including the country in which you are resident or from which you use the Services.
f) Before you continue, you should print off or save a copy of the Terms for your records.
Use of the Services by you
a) In order to access the Product and certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Amerco will always be accurate, correct and up to date.
b) You agree to use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Canada and the United States or other relevant countries).
c) Unless you have been specifically permitted to do so in a separate agreement with Amerco, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
d) You agree that you are solely responsible for (and that Amerco has no responsibility to you or to any third party) for any breach of your obligations under the Terms and for the consequences of any such breach (including any loss or damage which Amerco may suffer).
e) Amerco reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any comments posted on any of the Services.
Privacy Policy
Amerco’s privacy policy can be reviewed at: http://aim4y.com/privacy_policy.html. You hereby agree to the use of your data in accordance with the Amerco’s privacy policy.
Proprietary Rights
a) You acknowledge and agree that Amerco own all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
b) You may not modify, publish, sell, distribute, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any content which forms part of the Services unless you have specifically been told that you may do so by Amerco in a separate agreement.
c) Unless you have agreed otherwise in writing with Amerco, nothing in the Terms gives you a right to use any of Amerco’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
Software License
a) If you purchase software from Amerco, Amerco gives you a personal, non-transferable and non-exclusive license to use the software.
b) You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, sell, rent, lease, license, transfer or otherwise provide access to the software unless you are expressly permitted in writing by Amerco or required by law.
Other Companies' Trademarks and Copyright
The listed trademarks of the following companies require marking and attribution:
Java and all Java-based trademarks are registered trademarks of Sun Microsystems, Inc. in the United States, other countries, or both.
All other product names and any registered and unregistered trademarks mentioned are used for identification purpose only and remain the exclusive property of their respective owners.
Termination
a) Amerco may at any time, without notice, in its sole discretion and without cause, terminate its legal agreement with you and terminate your right to use the Services. Amerco may also terminate its legal agreement with you and your right to access and use the Services, or any part of the Services, if you breach any term or condition of the Terms.
b) You may terminate your legal agreement with Amerco by notifying Amerco in writing at any time and/or ceasing your use of the Services.
c) When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Amerco have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of applicable law (see below) shall continue to apply to such rights, obligations and liabilities indefinitely.
Disclaimer of Warranties
Your use of the Site, including any applets, software, and content contained therein, is entirely at your own risk:
a) THE SERVICE IS PROVIDED “AS IS” and “AS AVAILABLE”, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMERCO, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SITE AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. AMERCO DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. AMERCO DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON ITS CONTENT. AMERCO IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
b) AMERCO DOES NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICES AND PRODUCT WILL MEET YOUR REQUIREMENTS, ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE AND THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMERCO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMERCO AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AMERCO OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BUSINESS BETWEEN AMERCO AND YOU. AMERCO WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY CHANGES WHICH AMERCO MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES) OR THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.
c) AMERCO’S ENTIRE LIABILITY, IF ANY, AND YOUR EXCLUSIVE REMEDY, SHALL BE A REFUND OF THE PRICE PAID, IF ANY, FOR THE SERVICE. SPECIFICALLY, AMERCO EXPRESSLY DISCLAIMS ANY DIRECT OR IMPLIED WARRANTY RELATING TO EARNINGS, SALE PRICE ESTIMATES, LIST PRICE ESTIMATES, OR EDUCATIONAL TOOLS OR COACHING SERVICES.
d) YOU UNDERSTAND THAT ANY EARNINGS OR PRICE ESTIMATES ARE ONLY ESTIMATES AND NOT REPRESENTATIONS. AMERCO DOES NOT WARRANT OR REPRESENT TO YOU THAT YOU WILL INCREASE YOUR EARNINGS OR RECEIVE POSITIVE RESULTS FROM THESE SERVICES. THE SERVICES ARE FOR EDUCATIONAL AND INFORMATION PURPOSES ONLY. IT IS NOT INTENDED TO PROVIDE LEGAL, ACCOUNTING, TAX, INVESTMENT, FINANCIAL OR OTHER ADVICE TO YOU, AND YOU SHOULD NOT RELY UPON THE INFORMATION TO PROVIDE ANY SUCH ADVICE. YOU AGREE TO USE YOUR OWN DUE DILIGENCE WHEN MAKING BUSINESS DECISIONS AND TO VERIFY ALL INFORMATION CONTAINED IN THE SERVICES. YOU AGREE TO CAREFULLY CONSIDER AND EVALUATE ANY INFORMATION PROVIDED IN THE SERVICES BEFORE DECIDING TO USE OR RELY ON IT.
Third-party sites, products, and Services
a) In connection with your use of the Site, you may be made aware of services, products, offers and promotions provided by third parties, and not by Amerco. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not Amerco, is responsible for the performance of the Third Party Services.
b) The Site may contain or reference links to third party websites and sites where the trading of securities is possible. Some of those links are provided as a convenience only. The inclusion of any link is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Amerco of any information contained in any third party website. In no event will Amerco be responsible for the information contained in such third party website or for your use of or inability to use such website. Access to any other website is at your own risk, and you should be aware that linked websites may contain terms and privacy policies that are different from those of Amerco. Amerco is not responsible for such provisions and expressly disclaim any liability for them
c) You acknowledge and agree that the stock and mutual fund price quotes and news stories which are accessed within a trading day may be delayed at least 20 minutes, as may be required by exchanges and information providers. You acknowledge and agree that you bear responsibility for your own investment research and investment decisions, and that Amerco shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the Site. Prior to the execution of a securities trade, you should always consult with your broker or other financial representative to verify securities pricing information.
Changes to the Terms
a) Amerco may make changes to the Terms from time to time. When these changes are made, Amerco will make a new copy of the Terms available at http://aim4y.com/terms_of_use.html.
b) You understand and agree that if you use the Services after the date on which the Terms have changed, Amerco will treat your use as acceptance of the updated Terms.
General
a) The Terms constitute the whole legal agreement between you and Amerco and govern your use of the Services (but excluding any services which Amerco may provide to you under a separate written agreement), and completely replace any prior agreements between you and Amerco in relation to the Services.
b) You agree that if Amerco does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Amerco has the benefit of under any applicable law), this will not be taken to be a formal waiver of Amerco’s rights and that those rights or remedies will still be available to Amerco.
c) If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
d) The Terms will be governed by California law as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Santa Clara County, California or federal court for the Northern District of California. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that Amerco may have under trade secret, copyright, patent or other laws.
Last revised 02/26/2009
