Terms of Use
DISPUTE RESOLUTION: PLEASE BE AWARE THAT THESE TERMS AND CONDITIONS CONTAIN MANDATORY ARBITRATION PROVISIONS THAT REQUIRE, WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN US SHALL BE RESOLVED BY BINDING AND FINAL INDIVIDUAL ARBITRATION. THEY ALSO CONTAIN CLASS ACTION AND JURY TRIAL WAIVERS. PLEASE READ SECTION 9 (ARBITRATION, GOVERNING LAW AND JURISDICTION) OF THESE TERMS CAREFULLY.
THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH THE WEBSITE OF AOSU LIFE PTE. LTD. AND ITS PRODUCT aosu (HEREINAFTER REFERRED TO AS "Aosu") IS GOVERNED BY THIS TERMS AND CONDITIONS OF USE AS SET FORTH BELOW BY Aosu ("TERMS OF USE").
PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING THE aosu WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.
ACCEPTANCE OF TERMS OF USE
By visiting the aosu website, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to aosu, you agree to be bound by the Terms of Use. If you do not want to be bound by the Terms of Use, your only option is not to visit, view or otherwise use the services of aosu. You understand, agree and acknowledge that these Terms of Use constitute a legally binding agreement between you and aosu and that your use of aosu shall indicate your acceptance of the Terms of Use.
PROVISION OF SERVICES
You agree and acknowledge that aosu is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in the aosu website. Furthermore, you agree and acknowledge that Aosu Life Pte. Ltd. is entitled to provide services to you through subsidiaries or affiliated companies.
PROPRIETARY RIGHTS
You acknowledge and agree that the aosu website may contain proprietary and confidential information including trademarks, service marks, designs and patents protected by intellectual property laws and international intellectual property treaties. aosu authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission, which may be withheld at our sole discretion. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
SUBMITTED CONTENT
When you submit content to aosu you simultaneously grant aosu an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to aosu.
TERMINATION OF TERMS OF USE
The Terms of Use will continue to apply in perpetuity until terminated by aosu without notice at any time and for any reason. Terms by their nature that are to continue in perpetuity shall be unaffected by any termination.
DISCLAIMER OF WARRANTIES
You understand and agree that your use of the aosu website is entirely at your own risk and that our services are provided "As Is" and "As Available". aosu does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the aosu website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
LIMITATION OF LIABILITY
You understand and agree that Aosu Life Pte. Ltd. and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not aosu has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, the liability of aosu is limited to the greatest extent permitted by law.
EXTERNAL CONTENT
aosu may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that aosu is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
ARBITRATION, GOVERNING LAW AND JURISDICTION
9.1 aosu will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us or our Products, you agree to first contact aosu through our support team via email at support@aosulife.com. If any dispute cannot be resolved through our support team, you agree that at least 35 days before initiating arbitration, You will send us an individualized notice of the dispute in writing with the salutation "To: Aosu Legal Department" and send it via email to legal@aosulife.com. The Pre-Dispute Notice must include the date of the notice, your name, your signature, a brief description of the dispute that includes the date or dates of any interactions with us that form the basis of the dispute, the relief sought and, if you are an aosu member, the phone or email associated with your aosu membership account. If the parties are unable to resolve the dispute within the 35 day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 9.2
9.2 YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE USE OF OUR WEBSITE, YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES, OR THE RELATIONSHIP BETWEEN YOU AND AOSU, INCLUDING ANY CLAIMS THAT AROSE BEFORE ACCEPTANCE OF THESE TERMS (COLLECTIVELY, "DISPUTES"), THAT CANNOT BE RESOLVED INFORMALLY, SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH THE AAA'S CONSUMER ARBITRATION RULES THEN IN EFFECT, EXCEPT FOR DISPUTES RELATED TO INFRINGEMENT OR MISUSE OF INTELLECTUAL PROPERTY, AS FURTHER DESCRIBED IN SECTION 9.6, BELOW.
9.3 YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, INCLUDING BUT NOT LIMITED TO LITIGATION, ARBITRATION, OR MEDIATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, MASS, OR REPRESENTATIVE BASIS. YOU EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO ANY DISPUTES AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS OR MASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND RELATING TO YOUR USE OF OUR WEBSITE, PURCHASE OR USE OF OUR PRODUCTS OR THESE TERMS. To the fullest extent permitted by law, you and we agree that any private attorney general action (PAGA) claim shall be subject to individual arbitration only. You and we agree that if waiver of a right to bring a representative PAGA claim in court is held to be unenforceable or invalid, that portion of the waiver only shall be severed and the remaining waiver shall remain in full force and effect. You and we agree that any questions regarding arbitrability and the formation, enforceability, validity, scope or interpretation of all or part of these Terms, including compliance with the Pre-Filing Notice Requirement, shall be resolved exclusively by the arbitrator. Any applicable limitations period (including statutes of limitations) shall apply in arbitration like in court. The arbitrator may award any relief allowed by law but damages, declaratory, or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the individual claims adjudicated. The arbitrator shall issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
9.4 You and we agree that if any portion of these Terms, including the arbitration agreement, is found unenforceable, then that portion of the Terms shall be severed and the remainder of the Terms shall continue to control.
9.5 You and we agree that any information exchanged between us in an arbitration may be used solely for that arbitration. You and we also agree to keep any information exchanged between us in arbitration confidential between us, you, your and our attorneys, and the arbitrator. To the extent additional persons require access to information exchanged for purposes of the arbitration, you and we agree to negotiate in good faith for the entry of a protective order that will impose similar confidentiality obligations.
9.6 You and we agree that we must resolve any disputes about or related to infringement of intellectual property rights (e.g., trademarks, trade secrets, domain names, copyrights, and patents) outside of arbitration in a court of competent jurisdiction.
9.7 These Terms are governed by the laws of the State of Delaware without reference to rules governing choice of law, and all arbitration proceedings shall be governed by the Federal Arbitration Act. You and we agree that this arbitration agreement evidences a transaction involving interstate commerce. Unless you and we otherwise agree, if you reside in the United States, the arbitration will be conducted in the county where you reside.
ENTIRE AGREEMENT
You understand and agree that the Terms of Use constitute the entire agreement between you and aosu. You may be subject to additional terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
CHANGES TO THE TERMS OF USE
aosu reserves the right to modify the Terms of Use from time to time at our sole discretion and without any notice. Changes to the Terms of Use will become effective on the date they are posted on the aosu website and your continued use of the aosu website after any changes will signify your agreement to be bound by such new terms and conditions.
13. DISPOSAL OF ELECTRICAL WASTE (WEEE)
Please do not dispose of old electrical waste with your general household waste, as it is unlikely to be recycled and will generally end up in a landfill or be incinerated. aosu cooperates with authorized recycling organizations that undertake recycling in lieu of manufacturers to ensure aosu WEEE materials and/or products are recycled in a manner that complies with the WEEE directive or related legislation and regulations.
aosu passes the obligation and responsibilities of disposal of all our products onto our customers.
