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PRIVACY STATEMENT

Your privacy is important to us. Anomaly Action Sports SRL (hereinafter referred to as “Anomaly Action Sports SRL,” “Anomaly,” “we,” “our,” and/or “us”) is committed to protecting your online privacy. This Privacy Policy states our views and practices concerning privacy, and how they affect you as a user of our website. The following statement discloses the information gathering and dissemination practices for information collected across all branches of Anomaly Action Sports SRL (through the mail, our flagship retail store, wholesale accounts, shredoptics.com, slytechprotection.com, anomalyactionsports.com, whyweshred.com, all of which are collectively known as “Anomaly Action Sports SRL Services or “AAS Services”). “You” or “Your” refers to you as a participant in, or as a user of an Anomaly Action Sports SRL website.

anomalyactionsports.com, shredoptics.com, slytechprotection.com,  whyweshred.com

PRIVACY POLICY

Anomaly Action Sports SRL is dedicated to protecting the privacy of its customers (“you”). Our Privacy Policy is aimed at describing the type of information we may collect about you as well as the manner in which it is gathered; how we may use that information; how we protect your information and privacy; when and how we may disclose it; and most importantly the choices you have regarding your information.

All information transmitted, printed or otherwise submitted to Anomaly Action Sports SRL via this website shall be deemed to be the property of Anomaly Action Sports SRL and we shall be free to use such information for any lawful purpose as detailed herein. By using the AAS Services, you consent to the practices described in the most current version of this privacy policy. The date of the most recent privacy policy update is listed at the end of this policy, and if you have read the privacy policy previously, please review it again to ensure you are informed of the most current terms. This site contains links to other sites and we are not responsible for the privacy practices or the content of such sites.

If you have any questions, concerns, or inquiries about our privacy policy practices or the security of your information we encourage you to contact us using the contact information provided below.

We reserve the right to release such information to law enforcement or other governmental officials as we, in our sole and absolute discretion, deem necessary to comply with the law.

Section 1
Collection and Use of Non-Personal Information
Session Analytics Information.

We may automatically collect non-personally identifiable information about your hardware devices (computer or mobile device) when you access the AAS Services. For example, when you visit anomalyactionsports.com, shredoptics.com, slytechprotection.com, whyweshred.com (the “Site” or “sites”), we may collect your Internet Protocol (“IP”) address, which is the number automatically assigned to your computer or mobile device whenever you access the Internet, as well as information about the type of Web browser software you use and the referring Web site. This number does not identify your name, email address, or other personal information. We use your IP address to help diagnose problems with our service and to administer the Site. We may also collect information about your activity on our Site or App, such as the time and duration of your visit, the sections of the Site or Application that you visit, the search terms you use, and the products you add to your shopping cart.

Persistent Identifiers.

We also collect non-personally identifiable information through the use of cookies. A cookie is an alphanumeric file that a Web site puts on your hard drive or mobile device so that it can remember something about you while you are using the Web site or when you return to the Web site. These technologies make it easier for you to use the AAS Services. We use them in order to retain the contents in your shopping cart while you are checking out other areas of the AAS Services. When you are done, the products in your cart are still there for you to buy. We also use them to gather certain aggregate usage information about the numbers and frequency of visitors to the AAS Services and how they interact with the AAS Services. This data helps us improve the appearance, functionality, and usability of the AAS Services.

Cookies do not collect personally identifiable information. Cookies may remain on your hard drive or device after you cease using the AAS Services. You may decline to accept cookies by modifying your Web browser settings. If you choose to decline cookies, however, you may not be able to sign up for or use certain features of the AAS Services that depend on your Web browser accepting cookies.

AAS SRL, its advertisers and ad servers, including without limitation Google, and any and all associated ad partners, may also use cookies, as well as files called “Web beacons” or “clear gifs” to determine on an anonymous basis which advertisements and promotions our users have seen and how users responded to them. We do not use these technologies to collect personally identifiable information.

Section 2
Collection of Personal Information

Personal Information You Provide.

We may collect and store any identifiable information that you choose to provide in connection with your use of the AAS Services. This may include personally identifiable information (such as your name, shipping address, billing address, email address, phone number and credit card number) that we need in order to process your orders, communicate with you, or provide you with services that you request. We collect this information through order forms on our Site, newsletter registration, affiliated product partners, and through signups for our mailing list located in our flagship store and at our wholesale accounts. We also may collect your financial information (like your credit card number and billing address) and your contact information (like your email address, phone number and shipping address).

Personal Information from Other Sources.

Information that you give us may be combined with other personally identifiable information (such as order history and demographic information) from third-party sources to make our marketing efforts more efficient. E-mail addresses of visitors that communicate with Anomaly Action Sports via e-mail may also be collected. Examples of other information we receive from third-party sources include updated delivery and address information, email contact information and demographics, which we use to correct our records and deliver your next purchase or catalog more easily as well as continue to increase the efficiency of our marketing procedures.

Section 3
Use of Personal Information About You

We use your personal, demographic and profile data to enhance your experience at our site and to enable us to present content we think you might be interested in. We use your contact information to send you information about our company and promotional material from our partners. We may also use your personal, demographic and profile data to improve our site, for statistical analysis, for marketing and/or promotional purposes, and for editorial content or feedback purposes for our advertisers. Information collected by us may be added to our databases and used for future telemarketing, SMS text-messaging, e-mails or postal mailings regarding updates to our site, new products and services, upcoming events, and/or the status of orders placed online. By using our site, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do not call registry, in-house list or similar registry.

Financial information that is collected is used to bill you for products that you request. Contact information from the order form is used to send orders and information about our company to you. You may opt-out of receiving future mailings; see “How to remove your name from our mailing, sharing or email list” below.
If you register for email or if you provide your email address to us, we will send you periodic emails regarding the launch of new products, of special sales, of promotional offers from our partners, of environmental issues we think are important, and of potential employment opportunities with AAS that you may find of interest, and of other events taking place in our stores near you. If you currently receive our emails and do not wish to continue receiving them, please see the “How to remove your name from our mailing, sharing or email list” section below.

We use your shipping address to ship your products to you and to send catalogs and other mailings to you. We use your billing address, if different than your shipping address, to verify your billing information. We never share our customer names or addresses, e-mail addresses or other personally identifiable information, other than to the extent described in the “Disclosures of Your Information” section below. If you do not wish to receive catalogs or other mailings from us, please see the “How to remove your name from our mailing, sharing or email list” section below.

If you choose to provide personal information, it will be used for the following purposes:

1 considering you for a Anomaly Action Sports SRL product;

2 as required by law; and

3 for marketing products and services which we determine, in our sole judgment, that you might find of interest. We reserve the right to share, rent, sell, or otherwise disclose data we collect to authorized third parties. Any third party we share, rent, sell, or otherwise disclose data to will be prescreened by us, determined by us to be reputable, and will use the personal data for marketing products and services which we determine, in our sole judgment, that you might find of interest.

Section 4
Disclosures of Personal Information About You

We do not disclose personal information about you to other companies, persons or agencies, except for the purposes described below:

Service Providers

We employ other companies and individuals to perform certain services and functions on our behalf. Examples include operating and maintaining our Site, taking orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing consultation and assistance, distributing customer surveys, processing credit card payments, and providing customer service. These companies have access to personal information needed to perform their services or functions, but may not use it for other purposes.

Affiliates and Partners

Sometimes we send offers to selected groups of AAS customers on behalf of our affiliated companies and marketing agencies, and on behalf of other non-affiliated partners.

For Your Protection and Ours

We may release personally identifiable information when we believe it is appropriate to comply with applicable law regulation, legal process, or governmental request; to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of AAS, our customers, our employees or others.

Business Transfers
As we continue to develop our business, we might sell or buy subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing privacy policy (unless, of course, the customer consents otherwise). Also, in the unlikely event that Anomaly Action Sports SRL or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

Sharing

We may share your name and postal address with other companies so they may send you catalogs about products of potential interest. We do not share credit card information or email address with these third parties. If you prefer that we not share your name and postal address with other companies, please see “How to remove your name from our mailing, sharing or email list” section below.

With Your Consent

Other than as set out above, you will receive notice when information about you might go to third parties, and you will have the opportunity to choose not to share the information.

How to Remove your Name from Our Mailing, Sharing or Email List

You may opt-out of receiving communications from us and/or our partners by not submitting your information. We also allow you to remove your information from our marketing lists. If you remove your information from our marketing lists it will no longer be used by us to send promotional correspondence to you.

You can remove your information from our marketing lists by clicking on the “Unsubscribe” link at the bottom of every email we send you, or by sending your request, in writing, via email to: info@anomalysports.com

How to Correct your Information from Our Mailing, Sharing or Email List

You can correct your information within our marketing lists by sending your request, in writing, via email to: info@anomalysports.com

Section 5
Protection of Personal Information

We want you to feel confident about using and making purchases through the AAS Services, and we are committed to protecting the personal information we collect. While we cannot guarantee security, we have implemented appropriate physical, electronic and managerial security procedures to help protect the personal information that you provide to us.

Children’s Privacy

We do not sell merchandise for purchase by children via the AAS Services. If you are under 18, you may use the AAS Services only with the involvement of a parent or guardian. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.

External Links

If any part of the AAS Services links you to other Web sites or mobile applications, those Web sites and mobile applications do not operate under this privacy policy. We recommend that you examine the privacy statements posted on those other Web sites and mobile applications to understand their procedures for collecting, using, and disclosing personal information.

Changes to this Privacy Policy

Although infrequent, in the case of a privacy policy change, a new and updated version of the policy will be posted with the according date of revision in a prominent location. It is your responsibility to be aware of the current AAS Services Privacy Policy and AAS SRL is solely responsible for action in accordance with the most current version of the Privacy Policy. Your action to visit and or interact with our sites act as your agreement to the most current version of the Privacy Policy.

How to contact Us

If you have any questions or concerns about the privacy or security of your information, you may contact us in any of the following ways

1. You may send an email to info@anomalysports.com

2. You may send mail to the following postal addresses:

North America:

Customer Service

9 Trafalgar Square, Suite 100

Nashua, NH 03063

USA

Europe/Asia:

Customer Service

Viale Ancona, 26

30172 Venezia Mestre

Italy

3. You may call one of the following numbers:

USA: 603 384 3120

Venice: +39 (0) 41 251 7271

Section 6

Our Right to Contact You

We reserve the right to contact you regarding your account status and changes to subscriber agreements, privacy policy, or any other policies or agreements relevant to you.

Section 7
Our Contact Information

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact us via email sent to:info@anomalysports.com

Section 8
Anti Spam Policy. Can-Spam Act Compliance

Anomaly Action Sports SRL is dedicated to ensuring compliance with the Can-Spam Act, which took effect January 1, 2004. You may receive email from Anomaly Action Sports SRL in the following circumstances:

1 Acknowledging that your application has been received and requesting additional action

2 Requests for additional information to support your current application

3 Response to your inquiries regarding the status of your transaction requests

4 Thanking you for your business

5 Advertisements for our products, services, changes in services, new product availability, etc.

6 Advertisements for third party products and services where we have determined that such product and/or service may be of interest to our customers

To ensure compliance with the Can-Spam Act, Anomaly Action Sports SRL has implemented the following guidelines for email delivery:

1 All emails sent to you by us will clearly identify us or our website as the sender.

2 The Subject Line of any email you receive will always accurately describe the subject matter of the email.

3 Any email from Anomaly Action Sports SRL will include the ability to unsubscribe from future email messages.

4 If You wish, Unsubscribing can ensure the customer is removed from ALL lists at Anomaly Action Sports SRL; this excludes customer service emails regarding the processing and status of a current products or services.

5 All emails sent to you directly by Anomaly Action Sports SRL include valid postal address information in the footer.

6 All third party marketing partners are required to comply with the Can-Spam Act.

7 Emails sent to you directly by Anomaly Action Sports SRL will include an email address and physical address where you can send suggestions, complaints or other correspondence.

Section 9
Information for ISPs

Anomaly Action Sports SRL understands consumers concerns over the use of their personal information. We hope this information will relieve any concerns you or your company may have regarding our email policies. Anomaly Action Sports SRL and its affiliated sites use only an “opt-in or opt out” method of obtaining customer information, and it is not our policy or desire to send unsolicited email. We obtain email addresses and personal information from third parties that follow the same set of policies. Anomaly Action Sports SRL sends email messages that always include information about the origin of the emails and instructions on how recipients can unsubscribe from receiving future email messages.

From time to time, Anomaly Action Sports SRL will enter into an arrangement with a third party website to allow individuals to opt into our marketing program on those third party websites. In each case the third party websites have represented and warranted to us, among other things,

1 that the data was collected voluntarily from individuals on website registrations and co-registrations,

2 that the sellers have a right, under any applicable privacy statements, to transfer the data to us, and

3 that Anomaly Action Sports SRL has the right to send marketing offers to the individuals.

Terms of Use Agreement

Welcome to Anomalyactionsports.com, Shredoptics.com, Slytechprotection.com, Whyweshred.com and AAS mobile services (the “AAS Electronic Platforms”). The AAS Electronic Platforms are hosted by AAS SRL and its parent, subsidiaries and affiliates (collectively, “AAS,” “we,” or “us”).

By using the AAS Electronic Platforms, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read these terms carefully. By using the AAS Electronic Platforms, you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are using the AAS Electronic Platforms. In addition, when you use any current or future version of the AAS Electronic Platforms, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records.

We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the AAS Electronic Platforms following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.

Privacy

Please review our privacy policy, which also governs your use of the AAS Electronic Platforms, to understand our privacy practices. The terms and conditions of our privacy policy, which are set forth above, are incorporated herein and made a part of this Agreement.

License and Access to AAS Electronic Platforms

AAS grants you a limited license to access and make personal use of the AAS Electronic Platforms and not to download (other than page caching) or modify it, or any portion of them, except with express written consent of AAS. This license does not include any resale or commercial use of the AAS Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the AAS Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the AAS Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AAS. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AAS and our affiliates without express written consent. You may not use meta tags or any other hidden text using the AAS name or trademarks without the express written consent of AAS. Any unauthorized use terminates the permission or license granted by AAS.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of AAS so long as the link does not portray AAS or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any AAS logo or other proprietary graphic or trademark as part of the link without express written permission.

Product Orders
AAS reserves the right to change the descriptions, specifications, and prices of the products offered on the Website without notice and at any time. AAS does not warrant that such descriptions, specifications and prices of such products are accurate, complete or current at all times. Such products may not be available for delivery to your country of residence.

All orders placed through the Website are subject to AAS’ acceptance. This means that AAS may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled or rejected by AAS, AAS will issue you a refund.

We have made every effort to display as accurately as possible the colors of our products that appear on the AAS Electronic Platforms. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor’s or device’s display of any color will be accurate.

AAS does sell products for children, but it does not sell products to children. AAS only sells products to adults, ages 18 years and older, who can purchase them with a credit card. AAS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if AAS believes that user conduct violates applicable law or is harmful to the interests of AAS or its affiliates.

Intellectual Property

All intellectual property on the Website (except for User Generated Content) is owned by AAS or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are trademarks or registered trademarks of AAS. All content on the Website (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of AAS.

Copyright

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the AAS Electronic Platforms, and the selection, coordination, and arrangement of such content, are owned by AAS or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the AAS Electronic Platforms for any purposes. Nothing stated or implied on the AAS Electronic Platforms confers on you any license or right under any copyright of AAS or any third party.

The AAS Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the AAS Electronic Platforms, or use the contents of the AAS Electronic Platforms for any commercial or promotional purposes, without the express written consent of AAS or its lawful successors and assigns. For usage permission, contact us.

COPYRIGHT INFRINGEMENT COMPLAINTS

We respect the intellectual property rights of others and we prohibit users from posting on the AAS Website any content that violates another party’s intellectual property rights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give AAS legally sufficient notice to AAS of infringement. Send copyright infringement complaints to: info@anomalysports.com

We suggest that you consult your legal advisor before filing a DMCA notice withAAS’ copyright agent. There can be penalties for false claims under the DMCA.

THIRD PARTY LINKS
AAS may provide links to external websites for your convenience and reference only. AAS does not endorse and is not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against AAS or its service providers arising out of your use of external websites or resources. AAS makes no guarantee for the accuracy of data or documents from third party websites. This data may change with no notice to AAS or end users. The ability to access specific data from any third party website could be unavailable at times. AAS IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

Your Responsibilities

You agree to comply with all applicable law in connection with your use of the AAS Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from AAS. As a condition of your use of the AAS Electronic Platforms, you warrant that you will not use the AAS Electronic Platforms (a) for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (b) directly or indirectly interfere or attempt to interfere with the proper working of the AAS Electronic Platforms, any account, or any communication or transaction being conducted on the AAS Electronic Platforms; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except AAS) any information you obtain about or from other users of the AAS Electronic Platforms, or you obtain from AAS Electronic Platforms if such information is marked confidential, for any purpose, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the AAS Electronic Platforms, (g) send any unsolicited e-mail or advertising to any known user or (h) use the AAS Electronic Platforms for any use other than personal, noncommercial purposes unless specifically approved in writing by AAS Electronic Platforms, in its sole discretion.

You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with AAS or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Risk of Loss

All products purchased from the AAS Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, AAS. Title to products purchased on the AAS Electronic Platforms, as well as the risk of loss for such products, passes to you when AAS delivers these items to the carrier.

The AAS Guarantee

AAS guarantees every product we make. If you are not satisfied with one of our products at the time you receive it, or if one of our products does not perform to your satisfaction, you may return the product to the store from which you bought it or to AAS for repair, replacement, or refund in accordance with the AAS warranty policy. Damage due to wear and tear will be repaired at a reasonable charge.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE AAS ELECTRONIC PLATFORMS ARE PROVIDED BY AAS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AAS MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AAS ELECTRONIC PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE AAS ELECTRONIC PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE AAS ELECTRONIC PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE AAS ELECTRONIC PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE AAS ELECTRONIC PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE AAS ELECTRONIC PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE AAS ELECTRONIC PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AAS ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AAS DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL AAS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE AAS ELECTRONIC PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE AAS ELECTRONIC PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE AAS ELECTRONIC PLATFORMS OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO AAS THROUGH THE AAS ELECTRONIC PLATFORMS; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Applicable Law and Disputes

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of New Hampshire, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of New Hampshire. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to AAS or to products you purchase through AAS shall be submitted to confidential arbitration in New Hampshire, United States of America, except that, to the extent you have in any manner violated or threatened to violate AAS intellectual property rights, AAS may seek injunctive or other appropriate relief in any state or federal court in the State of New Hampshire, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of New Hampshire Code of Civil Procedure with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to defend, indemnify, and hold harmless AAS and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by AAS arising out of or relating to your use of the AAS Electronic Platforms, your violation of this Agreement, or your violation of any rights of another.

Miscellaneous Legal Provisions

We may discontinue the AAS Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the AAS Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the AAS Electronic Platforms at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and AAS as a result of this Agreement or your use of the AAS Electronic Platforms. Nothing contained in this Agreement is in derogation of AAS right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the AAS Electronic Platforms or information provided to or gathered by AAS with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of AAS to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Considerations for Non-U.S. Customers

AAS, INC. headquarters are located in the United States, but the AAS Services are not solely based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the AAS Services, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the AAS Services, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.

All rights not expressly granted herein are hereby reserved.