Ahera Fitness' Website Terms of Use, Order Policy and Privacy Policy
1. Definitions, Interpretation and Preliminary Matters
1.1. Preliminary Matters:
1.1.1. This Agreement (“Agreement”) is a legally binding contract that governs all interactions between you and Ahera Limited (“Ahera Limited,” “we” or “us”), including placement of orders, shipping and use of our website. You may not use the website unless and until you understand and have agreed to this Agreement.
1.1.2. You can confirm your understanding of this Agreement and agree to this Agreement by clicking on a link on our website stating that you understand and agree to this Agreement, or by checking a box on our website stating that you understand and agree to this Agreement, or by continuing to view or use our website, or by placing an order on our website.
1.1.3. You should print this Agreement or save a copy of it for your reference.
1.2. Definition of Terms in this Agreement:
1.2.1. “Affiliate” of Ahera Limited means any subsidiary (including partial subsidiaries or indirect subsidiaries via multiple levels of ownership) of Ahera Limited, any holding company (including companies holding only part of Ahera Limited or indirect holding companies via multiple levels of ownership) of Ahera Limited, and any subsidiary (including partial subsidiaries or indirect subsidiaries via multiple levels of ownership) of a holding company (including companies holding only party of Ahera Limited or indirect holding companies via multiple levels of ownership) of Ahera Limited and any entity under 50% or greater common control with Ahera Limited.
1.2.2. “Agreement” means this Terms of Use agreement.
1.2.3. “Cookie” means any cookie, data, software, website feature or programming used to track personal information, web browsing activities or to assist in serving advertising or customizing content or optimizing a website user’s experience.
1.2.4. “Online Retailer” means a third party which provides e-commerce services including payment processing, shopping carts, order fulfillment and web hosting to Ahera Limited.
1.2.5. “Shipper” means any third party common carrier package delivery service Ahera Limited uses to ship orders, including the postal services of various countries.
1.2.6. “Submission” means any photograph, video, image, sound recording, or other media which is or could be the subject of intellectual property rights which is uploaded by you to Ahera Limited’s website, including in the context of entering a contest, promotion or giveaway offered by Ahera Limited.
1.2.7. Other terms may be defined in the body of the Agreement.
1.3. Interpretation of the Agreement:
1.3.1. As used in this Agreement, accounting terms not herein defined, and accounting terms partly defined but to the extent not defined, shall have the respective meanings given to them under Generally Accepted Accounting Principles.
1.3.2. The words “hereof,” “herein,” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and section, subsection, schedule and exhibit references are to this Agreement unless otherwise specified.
1.3.3. Words of the masculine gender shall be deemed to include the feminine or neuter genders, and vice versa, where applicable.
1.3.4. Words of the singular number shall be deemed to include the plural number, and vice versa, where applicable, unless such interpretation would cause this Agreement to be interpreted in a manner contrary to the obvious intent.
1.3.5. Whenever the words “include,” “includes,” or “including” are used in this Agreement, they shall be understood to be followed by the words “without limitation.”
2. Personal Information and Privacy Policy
2.1. Retention of Personal Information: To manage our relationship with you, we retains some of your personal information. Except as disclosed herein, we will not use, give, sell, license or allow third parties to access your personal information without your consent.
2.2. Order Information: Ahera Limited requires certain personal information from you in order to process any order you place on our website. This information includes your name, e-mail address, shipping address, credit card number, expiration date and verification code and credit card billing address. Orders cannot be processed without this information. We also use this information to contact you to communicate about the status of your order (including confirmations and shipping notices) or about your satisfaction with the order process and the products you ordered.
2.3. Online Retailers: Ahera Limited may use Online Retailers to process purchases you make via our website. These Online Retailers have access to and may store your billing information for their records and to bill you for your purchases. Although we makes commercially reasonable attempts to use trustworthy Online Retailers, we makes no warranty about the security of your billing information and disclaims any and all liability related to the failure of an Online Retailer to secure your billing information or to process your order correctly or to provide you with an error-free experience on its website.
2.4. Shippers: Ahera Limited and its Online Retailers may use Shippers to ship orders to you. These Shippers have access to your shipping address and may store your shipping address information for their records. Although we makes commercially reasonable attempts to use trustworthy Shippers, we makes no warranty about the security of your shipping address information and disclaims any and all liability related to the failure of a Shipper (whether that Shipper is providing services to us or to an Online Retailer) to secure your shipping address information or to process your order correctly or to correctly guide you through the shipping experience. You can learn more about shipping of your order on our shipping page.
2.5. E-mail: Ahera Limited uses e-mail as its primary means of communication with you. You must provide a valid e-mail address with any order and we will keep your e-mail address on file and associate it with any products you have purchased from us or registered with us. In addition:
2.5.1. From time to time, we may e-mail you important information related to your account which is not in the nature of marketing. You may not opt out of these e-mails.
2.5.2. From time to time, we may e-email you marketing or promotional information related to our products or services or the products or services of other companies with whom we conduct business. You may opt into or out of these e-mails at any time.
2.6. Records: For legal and business purposes, Ahera Limited maintains records of your transactions with us and your interactions with our website. We may use this information to optimize our business practices or send you marketing e-mails as mentioned in section 2.5.2. We may make such information available to third parties with whom we have contracted to provide business consulting services. If we provide such records to third parties for this purpose we will do so in a manner that does not connect your name or other identifiable personal information with your interactions with our website. We will not provide such records to third parties for those third parties’ own marketing purposes.
2.7. Registration: Some features of Ahera Limited website require you to register a user name and password with the site. Some of this information is required and some is optional, but the more information you provide the better user experience and customer support we can provide to you. In addition, you may be required to register to obtain a warranty replacement of your Ahera Limited-branded products sold by us. Our e-mail communications to you may be tailored to your needs or interests according to the registration information you have provided to Ahera Limited. Your registration information will be handled in accordance with section 2.5.
2.8. Privacy of Submissions and Content Entries: If you send (by uploading to our website or otherwise) a Submission to us, that submission is not private and we may use it in accordance with Section 3.2, including associating your name and location with the Submission. Entries in any contest, promotion or giveaway that we may offer may require you to provide additional personal information and you may receive e-mail or other contact from us regarding the contest. Contest entries are Submissions, are not private, and may be used in accordance with Section 3.2.
2.9 Other Information About You: When you access or use Ahera Limited’s website, we may receive additional information about you from your computer or mobile device or from your actions, including your location, IP address, browser, operating system, where you click on our website or the order of your clicks, how long you look at each page of our website, any advertising you may click on, and the page from which you arrived at our website. We may use that information to improve our products or services or website and will handle such information in accordance with this Agreement.
2.10.Cookies: Ahera Limited uses Cookies to store information about you, provide you with convenient browsing and shopping experiences and optimize your overall experience on our websites. We also uses Cookies to optimize the advertising and content presented to you on our websites. You may reject any Cookies we attempt to set for you, but many functions of our websites will not work without Cookies. We do not associate your personally identifiable information with the Cookies we sets. We also allows third party advertisers to set Cookies on your computer, and any third party Cookie is subject to that third party’s privacy policy. Ahera Limited makes no warranty regarding and disclaims all liability whatsoever for third party Cookies. For further information, please see our Cookie Policy.
2.11.Third Parties: Ahera Limited may offer services on our website that are provided by third parties or links to websites owned and operated by third parties (“Third Party Services”). Third Party Services are entirely the responsibility of those third parties and Ahera Limited disclaims any and all liability related to and makes no warranty regarding Third Party Services. The terms and conditions, including with respect to your privacy and personal information, of Third Party Services are entirely governed by those third parties’ terms of service, warranties or other information or agreements as may be available from those third parties.
2.12.Other Disclosure of Personal Information: Ahera Limited may disclose your personal information if we, in our sole discretion, believe it to be necessary (1) to comply with a court order, subpoena, discovery request, search warrant, administrative order, or other legal process, regardless of whether such response is legally necessary; (2) to ensure the public safety or the safety of other users of our website or our products; (3) to enforce this agreement or protect our rights or (4) in the event of a sale or transfer (whether or not for value) of Ahera Limited’s assets or business to any legal successor in interest.
2.16. Accesibility. It is our policy to ensure that everyone, including persons with disabilities, has full and equal access to our digital offerings. We are committed to accessibility and we are always seeking ways to improve. If you need assistance accessing something on our website, please contact us at ahera@aherafitness.com.
3. Intellectual Property
3.1. Ahera Limited’s Intellectual Property: All intellectual property on our website is owned by Ahera Limited, its Affiliates, its licensors, or used under license from third parties, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g. Osia by Ahera, OSIA, the h logo, the Osia logo) are owned, registered and/or licensed by Ahera Limited. The design of Ahera Limited’s products, our packaging, our website (including the graphics, their selection and arrangement), our branding and marketing and all text and know-how related thereto are covered by copyrights, trademarks, service marks, trade secrets or patents owned by Ahera Limited or its Affiliates. All content on our website, 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 copyright laws and is the proprietary property of Ahera Limited. We reserve all rights to all intellectual property owned by Ahera Limited or its Affiliates or its licensors or used under license from third parties.
3.1.1. Allowed Uses: You may electronically copy or print portions of this site for your own personal non-commercial use. Text and media identified within the press section of our site is free to use for editorial purposes, but Ahera Limited must be informed of all such uses by e-mail at ahera@aherafitness.com. Other than as explicitly stated in this Agreement, you may not copy, use, modify, alter, adapt, display, stream, capture, decode, reverse engineer or derive any benefit (including non-commercial benefit) whatsoever from Ahera Limited’s or its Affiliates’ intellectual property without Ahera Limited’s express written consent.
3.1.2. Usage Guidelines: The following are trademarks or word-marks owned by Ahera Limited or its Affiliates, its licensors or used under license from third parties and are used under license: Osia by Ahera, OSIA, the h logo, the Osia logo.
3.1.2.1. Fair Use: You may engage in “fair use” of our trademarks or word-marks to (1) truthfully communicate your relationship to Ahera-branded products or products purchased from Ahera, (2) truthfully communicate the role of Ahera-branded products or products purchased from Ahera in creating any media you may have created using such products, (3) truthfully communicate that your product is compatible with Ahera-branded products or products sold by Ahera, (4) comment on media produced with Ahera-branded products or products sold by Ahera or (5) make factual statements about the Ahera brand, Ahera-branded products or products purchased from Ahera.
3.1.2.2. Commercial Use: You may approach Ahera about the commercial use of Ahera’s trademarks and word-marks by e-mailing us at ahera@aherafitness.com.
3.1.2.3. Prohibited Use: You may not alter any of our trademarks or word-marks without our express written consent. You may not use our logos without our express written consent. You may not use any of our trademarks or word-marks or confusingly similar trademarks or word-marks: (1) in the name of your own company, product or service name, (2) in any online identity, user name, URL, domain name, logo or avatar, (3) as your own advertising, (4) to create derivative word-marks or trademarks, (5) to confuse (whether or not intentionally) your product, service or company with ours, (6) to falsely imply that you are related to, affiliated with, endorsed by, the same as or associated with us, (7) for any purpose which intends to or has the effect of diluting, destroying the goodwill of, tarnishing, reducing the value of our trademarks or work-marks or associating them with any illegal, unethical, immoral, obscene, pornographic, tortious or otherwise undesirable activity, (8) for any purpose related to the improvement of any URL’s or page’s search engine ranking or to manipulate search results, (9) as part of any product or service, for the purpose of obtaining your own rights, or (10) for the purpose of industrial espionage or to harm Ahera or its Affiliates in any manner.
3.1.2.4. Further Guidelines: When using or referring to a trademark or word-mark used by Ahera under licenses, please include the following notice: “Ahera and Osia by Ahera are trademarks used under license from Ahera Limited in Hong Kong and other countries.” This notice should appear at the bottom of the pages on which our trademarks or word-marks are used, or along with legal notices accompanying printed materials, as appropriate. We would appreciate it if you would inform us of any improper, uncredited or non-conforming use of our trademarks or word-marks by sending an e-mail to ahera@aherafitness.com. The Ahera name, logo, all product names, all custom graphics, all trademarks, and service marks appearing on this website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Labworks International Design Ltd (the “Marks”) or its affiliates. All other trademarks, product names, company names, logos, services marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without prior written permission of Ahera or Ahera Limited.
3.2. Submissions: If you send (by uploading to Ahera’s website, submitting a url, posting on our Facebook page or otherwise) a Submission to us, you automatically grant Ahera a perpetual, irrevocable, worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to (and to allow others acting on its behalf) use, edit, modify, create derivative works based upon, display, host, stream, reproduce, copy, market, distribute, sell or otherwise exploit for commercial purposes that Submission (including any information which may be included in that Submission, such as your user information or metadata or other information described in Section 2.9, whether or not you are aware that you are passing that information to Ahera) in any manner Ahera may think fit within applicable laws, including distributing it to or via third-party websites, social networks or media channels. You also hereby agree that (a) you are the exclusive owner of the Submission and/or have obtained all of the rights, licensing, consents and releases from the rightful owners or any individuals appearing in the Submission that are necessary to grant Ahera the right to use the Submission, and (b) neither the Submission or your posting, uploading, publication, sharing, submitting, transmittal of the Submission or use by Ahera infringes, misappropriates or violates any third party’s proprietary or intellectual property rights, rights of publicity or privacy, or any applicable laws or regulations.
3.2.1 Submission Restrictions. Please be aware that Ahera’s website, Facebook page and otherwise are public and not confidential. You may only post your Submissions to public areas and where you have permission to post/submit. You may not post any content that violates these terms or any third party rights. By sending a Submission and using the Ahera website, you agree to not: (a) post or transmit any unlawful, fraudulent, libelous, defamatory, racist, sexist, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind; (b) post of transmit any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, constitute unauthorized practice of a professional service, or otherwise violate any local, state, national, or foreign law, including, without limitation, U.S. export control laws and regulations; (c) use the Ahera trademarks, service marks, trade names, domain names, logos, or insignia in your user or screen name, or in any other manner, that would imply that you work with or are affiliated with Ahera; (d) pretend that you are, or that you represent, someone else or impersonate any other person or entity; (e) invade the privacy or violate any personal or proprietary right of any person or entity; (f) post or transmit any advertisements, solicitations, chain letters, pyramid or Ponzi schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by Ahera), or engage in spamming, phishing, or denial of service attacks; (g) post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through the Ahera website, Facebook page or otherwise for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material); (h) use the Ahera website, Facebook page or otherwise to generate traffic for other sites; (i) infringe the intellectual property rights or similar rights, including, but not limited to, copyrights, trademarks, and patents, of any person or entity; (j) upload, post, publish, transmit, reproduce, or distribute in any way information, software, or other material obtained through the Ahera website, Facebook page or otherwise, which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; (k) upload, post, publish, reproduce, transmit, or distribute in any way any component of the Ahera website, Facebook page or otherwise itself or derivative works with respect thereto without Ahera prior written consent, as the Ahera website, Facebook page and or otherwise is protected under U.S. and international copyright laws; (l) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Ahera website, Facebook page or otherwise or any action that otherwise manipulates identifiers in order to disguise the origin of any message or transmittal you submit to Ahera; (m) use any robot, spider, scraper, or other automated means to access the Ahera website, Facebook page or otherwise for any purpose without our express written permission (however this provision shall not apply to the indexing or updating of search engines); (n) post or transmit any information, file, or software that contains, but not limited to, a virus, trojan horse, worm, adware, spyware, crime-ware, online graffiti tagger, dropper, root-kit, key-logger, bot, or any other harmful software program or program element.
3.2.2 Submission Removal. Ahera shall have the right, but not the responsibility, to monitor and/or remove content that is submitted by others. While some community and other areas may be monitored for relevance, Ahera has no obligation to prescreen any content and is not responsible for the posting of such content. Ahera reserves the right to refuse to post, to edit submitted content, and to remove content for any reason. Further, Ahera is not responsible for any failure or delay in removing Submission content.
3.3. Infringement: Ahera respects the rights of copyright holders. As a user of the Ahera website, Ahera expect that you respect those rights as well. Ahera will remove copyrighted material from its website in compliance with the Digital Millennium Copyright Act (“DMCA”) when properly notified per the DMCA as set forth below. Ahera reserves its right to terminate your access if you post repeatedly Submissions that Ahera is notified for removal under the DMCA. If you have had Submissions removed from the Ahera’s website that you believe were removed improperly you may submit a counter notification as set out below.
3.3.1 Copyright Infringement Notification Under the DMCA. You must send a written notice to the DMCA Notice Address indicated below containing substantially the following information: (a) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; (c) identification of the particular content 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 disabled, and information reasonably sufficient to permit Ahera to locate the content; (d) information reasonably sufficient to permit Ahera to contact the complaining party, including an address, telephone number, and if available, an email address at which the party can be contacted; (e) a statement that the complaining party has a good faith belief that use of the particular content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Failure to comply with all of the requirement of the DMCA may result in the notification not being binding and Ahera shall use its sole discretion and judgment with respect to the alleged infringement unless and until a compliant DMCA notice is received.
3.3.2 Counter Notification. You may, if you believe that Ahera has improperly removed content you have submitted under the DMCA, file a counter notification, by sending a written notice to the DMCA Notice Address indicated below containing substantially the following information: (a) a signature of the alleged infringer; (b) identification of the particular content that has been removed or to which access has been disabled and the location before removal; (c) a statement under penalty of perjury that the alleged infringer has a good faith belief that the particular content was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled; and (d) the alleged infringer’s name, address, telephone number, and if available, email address, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Ahera may be found, and that the alleged infringer will accept service of process from the complaining party who provided notification under Section 512(c)(1)(C) of Title 17 of the United States Code or an agent of such person.
3.4. Testimonials: If you submit a testimonial to Ahera, we may at our sole discretion use it on our website for promotional or other purposes. We will contact you to obtain your consent to use your testimonial. If you consent to the use of your testimonial, it becomes a Submission and we may use it in accordance with section 3.2.
4. Your Access to Ahera’s Website
4.1. Intent of Use: By using Ahera’s website you swear that you are using it for your own personal shopping, information or entertainment only and that you are not using it with the intent to violate Ahera’s or our Affiliates’ intellectual property rights, obstruct or interfere with the functioning of our website, products or services, conduct business intelligence gathering or industrial espionage, violate any applicable laws or harm our or our Affiliates’ business in any manner. You agree not to join any class action or other civil lawsuit against us or our Affiliates. If we learn that any violations of this Agreement or any use of its website constitutes or possibly constitutes a crime, we will fulfill any legal responsibilities it may have to notify the proper authorities in the appropriate jurisdiction of the relevant facts.
4.2. Automatic Updates: Ahera’s’ website may be updated from time to time. Such updates do not alter the terms of this Agreement. Continued use of our website after any update indicates your continued agreement to this Agreement as it relates to any updated website, products or services and your desire to continue using the website, products or services in their updated state.
5. Billing, Shipping and Refunds
5.1. Billing by Online Retailers: If an Online Retailer processes your order, that Online Retailer is responsible for all aspects of billing and customer service inquiries related to that order, and Ahera disclaims any liability for any aspect of the ordering or payment process. You should contact that Online Retailer for any related customer service.
5.2. Shipping: The Shipper handling your order is entirely responsible for all aspects of shipping your order, and Ahera disclaims any liability for any aspect of the shipping process. Any questions, complaints or problems you may have should be directed to the Shipper using the information provided to you by Ahera or the Online Retailer who processed your order. You are responsible for any duty, tax or VAT that may be charged in your jurisdiction if the Shipper has not covered it. Ahera as its sole discretion may offer you non-monetary assistance in providing information or documentation to any competent customs authority making such a request.
5.3. Defective or Returned Products: All defective or returned products shall be handled according to Ahera warranty applicable to that product. Our Osia by Ahera products product is NOT warranted unless you register your product with us and agree to the terms and conditions of the warranty. Click the link above to visit the warranty page.
5.4. Cancellation of Orders: Ahera reserves the right to cancel your order at its sole discretion at any time before shipping. We may cancel your order if we believe that your order was placed for a purpose other than obtaining the product, for the purpose of industrial espionage or to reverse engineer or copy the product or to destroy the goodwill of or do any harm to the product's or our or our Affiliates' reputation, branding or goodwill. We may also cancel orders for violations of this Agreement, for legal reasons or for any reason or no reason in our sole discretion.
6. Disclaimer of Warranties and Limitation of Liability
6.1. Disclaimer of Warranties: Ahera provides its site “as-is.” Other than as expressly set out in this Agreement, neither we nor our Affiliates nor our employees, agents or owners make any specific promises about the website including its functioning, availability, reliability, ability to function on your computer or device, fitness for any particular purpose, merchantability, non-infringement or ability to provide the expected value. In some jurisdictions, warranties are implied by law; we exclude and disclaim any such warranties to the maximum extent permitted by law. Your rights will vary depending on your jurisdiction.
6.2. Limitation of Liability: To the maximum extent permitted by law, Ahera and our Affiliates will not be responsible for indirect, special, consequential, exemplary or punitive damages, including damages to your person, your mental health, your computer or device or their data or your property or loss of goodwill or other intangible losses arising out of the use of the website. To the maximum extent permitted by law, the total liability of Ahera and our Affiliates for any claim under these terms made by you, your successors, heirs or permitted assigns, including for any implied warranties, is limited to the lifetime amount you have paid us to use its website or purchase our products (or if we or our Affiliates choose, to supply you further products or services of equal or greater value as a substitute). In no case shall Ahera or our Affiliates be liable for damages or losses that are not reasonably foreseeable.
7. Indemnification: You agree to indemnify and hold harmless Ahera, its Affiliates, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the website, including any breach of this Agreement by you.
9. Miscellaneous
9.1. Entire Agreement: This Agreement constitutes the entire agreement between Ahera and you concerning the website and the subject matter hereof.
9.2. Amendment: Ahera may amend this Agreement at any time. We will notify you if the Agreement is amended. Continued use of the website after we amend the Agreement constitutes your agreement to any such amendment.
9.3. Waiver of Default: No consent or waiver, express or implied, by Ahera with respect to any breach of this Agreement by you or default by you shall be deemed or construed to be a consent or waiver with respect to any other breach or default by you of the same provision or any other provision of this Agreement. Failure on the part of Ahera to complain of any act or failure to act by you or to declare you in breach shall not be deemed or constitute a waiver by us of any rights hereunder.
9.4. No Third Party Rights; Assignment: None of the provisions contained in this Agreement shall be for the benefit of or enforceable by any third parties including your creditors. You may not assign this Agreement or any of your rights or responsibilities under this Agreement to any third party. Ahera may assign this Agreement or any of its rights or responsibilities under this Agreement, to the maximum extent permitted by law, upon its sole discretion and need only notify you of such assignment if it will materially alter your use of the website or your customer experience with us.
9.5. Severability: Except where it would materially alter the terms and conditions of this Agreement, in the event any provision of this Agreement is held to be illegal, invalid or unenforceable to any extent, the legality, validity and enforceability of the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect and shall be enforced to the greatest extent permitted by law.
9.6. Binding Agreement: This Agreement shall be binding upon the parties hereto and their respective heirs, personal representatives, successors and permitted assigns.
9.7. Acknowledgement: You acknowledge that you have been advised to seek your own independent legal advice with regard to this Agreement, the website and all related matters.
9.8. Headings: The headings of the sections of this Agreement are for convenience only and shall not be considered in construing or interpreting any of the terms or provisions hereof.
9.9. Execution: This Agreement is considered executed when you agree to it via any of the methods described in Section 1.1.2.
9.10.Governing Law; Submission to Jurisdiction: This Agreement, and any dispute, controversy or proceeding arising out of or related to this Agreement, including validity, interpretation, effect and enforcement, shall be governed under the laws of Hong Kong, without regard to its rules of conflicts of laws. Any controversy, claim or dispute that arises out of or relates to this Agreement shall be resolved by binding arbitration conducted in accordance with the Hong Kong Association Commercial Arbitration Rules, including rules for Emergency Measures of Protection. If the amount in dispute (or the damages likely to arise out of the dispute) is less than HKD75,000, the parties shall use the Rules for Expedited Commercial Arbitration. The Arbitration shall be conducted before a panel of three (3) arbitrators. Within 14 days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the Hong Kong Arbitration Association. Each arbitrator shall be a member of at least one Hong Kong state bar and shall have been actively engaged in the practice of law for at least 10 years. The arbitration shall be conducted in English and be held in Hong Kong. All awards made pursuant to any arbitration proceeding conducted hereunder shall be in Hong Kong dollars, and if an award is made to any claimant which is greater than any amount offered in writing by the opposing party in settlement of such claim or if the opposing party has made no offer of settlement, then the opposing party shall pay all of such claimant’s costs and expenses incurred in such arbitration, including reasonable attorneys’ fees, as well as all costs of arbitration, including all AAA fees and charges and the fees and expenses of all arbitrators. If no award is made to claimant or the amount of such award is equal to or less than any such amount offered in settlement, then the claimant shall pay the opposing party’s costs and expenses incurred in such arbitration, including reasonable attorneys’ fees, as well as all such costs of arbitration. Notwithstanding anything contained herein to the contrary, Ahera at all times shall have the right to seek collections or equitable remedies through the courts, including but not limited to injunctive relief, or otherwise as it deems necessary or desirable to protect its confidential and/or proprietary rights, trademarks or other intellectual property rights. The exercise by Ahera of any rights shall be without prejudice to any other rights that Ahera may have at law or in equity, under this Agreement or otherwise.
9.11.No Bond Required: You agree that Ahera need not post any bond, collateral or security to enforce its rights under this Agreement.
9.12.Intentional Breach; Treble Damages: If, as a result of an intentional or malicious breach of any provision of this Agreement, you cause economic damages or hardship to Ahera, Ahera shall be entitled to collect treble damages from you.
9.13.Waiver of Contrary Rights: To the maximum extent permitted by law, you waive any rights which are contradicted by the provisions of this Agreement.
9.14.Termination; Survival: Ahera may terminate your access to and use of the website at any time, with or without cause and with or without notice, effective immediately. You may terminate this Agreement at any time by discontinuing your use of the website. The provisions and Ahera’s rights under sections 1, 3, 5, 6, 7 and 8, and any other provisions which reasonably should be held to survive termination, shall survive termination of this Agreement.
Last Updated: July 20, 2020