Terms of Use

Introduction

These terms and conditions govern your use of this website, mobile application or any online presence of Asian American Retailers Association, Inc. (collectively “Site”).

By using this website and its related services, products, and software, you agree to be bound by these terms (“Conditions of Use”). If you disagree with the Conditions of Use or any part thereof, you must not use this website. References to “AARA” “our,” “we,” or “us” may refer to Asian American Retailers Association, Inc. and its affiliates, subsidiaries, and designees.

Additional Terms

From time to time, AARA may supplement these Conditions of Use with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events (“Additional Terms”), which Additional Terms may be placed on the Site to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Conditions of Use.

Authority to Use

By using this website and by agreeing to the Conditions of Use you warrant and represent that you are at least 18 years of age.

Proprietary Rights

All content included on or comprising the website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent, applicable federal privacy laws or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future.

All Content is protected as a collective work under U.S. and international copyright laws, and AARA owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark and other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. AARA’s logos and other trademarks on the website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by AARA and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner. These terms are subject to the need to download portions of the website for caching purposes only and said use is subject to the restrictions set out below and elsewhere in these terms and conditions.

Registration as Member

Although portions of the Site may be viewed simply by visiting the relevant web page, in order to access some specialized areas and/or receive additional services from AARA you need to register as a member of AARA. Registering as a member will allow you to access certain services that are not available to guests. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.

When you register as a member of AARA, you will be required to provide us with information for identification including but not limited to your legal name, post office address, mailing address, a valid e-mail address, phone number, member name and password.

Notification of Alleged Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)

If you believe that your copyrighted material may have been infringed, please provide AARA’s copyright agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • For additional information regarding this procedure, please reference 17 USC 512.

AARA’s designated agent to receive notifications of claimed infringement can be reached by:

  • Mail: Asian American Retailers Association, 242 Old New Brunswick Road, Suite 440, Piscataway, NJ 08854
  • E-mail: info@aarausa.com
  • Phone: (973) 315 3118
  • Fax: (973) 788 1588

Links to Third-Party Websites

The website may contain links to other sites operated by third parties (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. AARA does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on a website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Conditions of Use. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Security

As part of your experience on the website you may need to create an account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others.

You shall not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website. You shall not use this website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, including, but not limited to, tampering with the website, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the website are prohibited. You may not violate or attempt to violate the security of the website, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any website for unintended purposes or trying to change the behavior of any website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of AARA (impersonating AARA) or to any website (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of AARA, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Conditions of Use. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any website or any activity being conducted on any website. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any website other than the search engine and search agents we provide and generally publicly available browsers.

Disputes

Any dispute or claim arising out of or relating in any way to your use of the website, or to any products or services sold or distributed by AARA or through the website will be resolved by binding arbitration, rather than in court, administered by the American Arbitration Association, in accordance the laws of the State of New Jersey without regard to principles of conflict of laws. The place of arbitration shall be in Middlesex County, New Jersey.

By agreeing to Arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations states in these conditions of use as a court would.

To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (“AAA”) describing your claim and serve a copy of the demand on our registered agent The AAA’s rules and the form for filing an arbitration claim are available at www.adr.org. Logistics surrounding payments of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Each party will be responsible for their fees and costs including but not limited to AAA fees, and attorney costs.

We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. In addition all parties hereby irrevocably consent to the personal jurisdiction of the State and Federal courts located in the State of New Jersey. All parties waive any defense of improper venue or forum non conveniens.

Subject to the terms above we also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.

Termination of Use or Access

AARA reserves the right, at its sole discretion, to immediately, without notice: (i) delete any or all content provided by you or your agent(s) to the Site; (ii) discontinue your registration(s) with the Site; (iii) discontinue your access to any digital product, product, course, event, content, tool or service purchased through the Site; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which AARA deems to be appropriate, upon AARA’s determination that (a) you have provided AARA with false or misleading registration information, (b) you have committed any breach of these Conditions of Use, (c) you have engaged in conduct that AARA believes is harmful to AARA or its customers, or (e) your use of the service could lead to offline behavior that is harmful to you, other AARA customers, or the public. Depending on the severity of the matter, number of complaints (if any), and other factors, AARA may or may not send you warning emails before taking any of the actions described in this paragraph.

If your registration(s) with or ability to access the Site, any other AARA site and/or any other service, product, content, course, event, tool or digital product provided to you by AARA is discontinued by AARA due to your violation of any portion of these Conditions of Use or for conduct otherwise inappropriate for the Site, then you agree that you shall not attempt to re-register with or access the Site or any other AARA site.

AARA reserves the right to terminate access to the Site including any or all content, services, digital products, products, events, courses or tools with or without notice. AARA reserves the right (at AARA’s discretion) to provide you with notice of such change by prominently posting a notice on the Site and/or sending written notice to you at any e-mail and/or post office address you have provided to AARA.

Disclaimers and Limitation of Liability

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY AARA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

AARA IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE SITE. AARA MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH AARA MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST AARA WITH RESPECT TO SUCH SITES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE LIMITATION ON LIABILITY EXTENDS TO PERSONAL INJURY OR PERSONAL DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITE OR FOR AARA’S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT OR FRAUD.

BY USING THIS WEBSITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS WEBSITE DISCLAIMER ARE REASONABLE.

Indemnification

You hereby indemnify AARA and undertake to keep AARA indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by AARA to a third party in settlement of a claim or dispute on the advice of AARA’s legal advisers) incurred or suffered by AARA arising out of any breach by you of any provision of these Conditions of Use.

Unenforceable provisions

If any provision of this Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Breaches of these Conditions of Use

Without prejudice to AARA’s other rights under these terms and conditions, if you breach these terms and conditions in any way, AARA may take such action as AARA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Assignment

AARA may transfer, assign or otherwise dispose with AARA’s rights and/or obligations under these Conditions of Use without notifying you or obtaining your consent.

Severability

If a provision of these Conditions of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to remain in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to remain in effect.

No Waiver

The failure of AARA to insist upon or enforce strict performance by the other party of any provision of the Conditions of Use or to exercise any right under the Conditions of Use will not be construed as a waiver or relinquishment of such right to assert or rely upon any such provision or right in that or any other instance.

Entire Agreement

These Conditions of Use represent the entire agreement between AARA and you in regards to the use of this website and supersede all previous agreements, written or oral, in respect of your use of this website.

© 2017 Asian American Retailers Association, Inc. All rights reserved. Please refer to the legal notice above for terms of use.