Last Updated: July 31, 2017
These Terms of Service (“Terms
”) apply to your use of the online services ( our “Services
”) provided by THE AO PLANET. (“THE AO PLANET
” or “we
”). By accessing our websites or applications you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver, do not access or use our Services.
If you have any questions about these Terms or our Services, please contact us at email@example.com
1. Description of Services
THE AO PLANET provides a software via website and mobile application that stores educational and training materials, forms and documents, business tools, and Leads and facilitates the transmission and delivery of such information as requested by you. To use this Service, you will interface with THE AO PLANET software via the THE AO PLANET website or mobile application, enter Customer Data, and request THE AO PLANET’s products and services. THE AO PLANET will store the Customer Data and deliver the available information at your request.
“Leads” are personal contact information of individuals who have expressed interest in being contacted by an insurance agent, agency, or company for various insurance products, obtained or purchased from third party servicers.
ALL THIRD PARTY SERVICE PROVIDERS OPERATE INDEPENDENTLY FROM THE AO PLANET. THE AO PLANET WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD PARTY PROVIDER. THE AO PLANET IS NOT RESPONSIBLE FOR ANY VIOLATIONS OF APPLICABLE LAWS BY ANY THIRD PARTY PROVIDER AND DOES NOT VERIFY ANY THIRD PARTY PROVIDER’S COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS. THE AO PLANET HAS NO RESPONSIBILITY OR LIABILITY FOR ACTS BY ANY THIRD-PARTY SERVICE PROVIDER.
You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
3. User Accounts and Account Security
You will need to use your credentials (e.g., username and password) to access our Services. THE AO PLANET is not responsible for any breach of security to your account. YOU REPRESENT AND WARRANT THAT YOU WILL HOLD THE AO PLANET, AND ITS OFFICERS, MEMBERS, PARTNERS, BOARD, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FOR ANY UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT.
for information about how we collect, use, store and disclose information about you.
You grant to THE AO PLANET a non-exclusive, irrevocable right to collect, store and use the Customer Data. “Customer Data
” means any and all data provided by you to THE AO PLANET pursuant to your use of the Services (including third party data, personally identifiable information and associated metadata transmitted to or from, or stored on, THE AO PLANET’s system). You represent and warrant that THE AO PLANET owns all rights in and to the collected and stored Customer Data.
6. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and THE AO PLANET;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
- Upload or download any content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content during the Service;
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
7. Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “THE AO PLANET Content
”) are owned by or licensed to THE AO PLANET and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, THE AO PLANET and our licensors reserve all rights in and to our Services and the THE AO PLANET Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and THE AO PLANET Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or THE AO PLANET Content; (b) copy, reproduce, distribute, publicly perform or publicly display THE AO PLANET Content, except as expressly permitted by us or our licensors; (c) modify the THE AO PLANET Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or THE AO PLANET Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or THE AO PLANET Content other than for their intended purposes. Any use of our Services or THE AO PLANET Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about THE AO PLANET or Services (collectively, “Feedback
”), is non-confidential and will become the sole property of THE AO PLANET. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
9. Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify THE AO PLANET’s Designated Agent as follows:
||Chris M. Kang | Perkins Coie LLP
||10885 N.E. Fourth Street Suite 700
Bellevue, WA 98004-5579
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to THE AO PLANET for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless THE AO PLANET and each of our respective officers, members, directors, agents, partners, contractors, and employees (individually and collectively, the “THE AO PLANET Parties
”) from and against any loss, liability,
claim, demand, damages (including damages relating to personal injury, death and harm to property), expenses or costs (“Claims
”) arising out of or related to (a) your access to or use of our Services; (b) the collection and storage of Customer Data, (c) your Feedback; (d) your violation of these Terms or applicable laws and regulations; (e) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (f) any dispute or issue between you and any third party, third party service provider, or other third party merchant; (g) your conduct in connection with our Services. You agree to promptly notify THE AO PLANET Parties of any third party Claims, cooperate with THE AO PLANET Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the THE AO PLANET Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and THE AO PLANET or the other THE AO PLANET Parties.
We do not control, endorse or take responsibility for any information, products or services provided, sold, or linked to by our Services.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, THE AO PLANET does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While THE AO PLANET attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of Services.
THE AO PLANET does not represent or warrant any third party services or products, including the Leads. THE AO PLANET is solely a provider of software that facilitates communication between you and third party service providers or third parties, and provides information, services, and products from third parties. THE AO PLANET does not verify any third party service provider’s or a third party’s compliance with applicable laws and regulations. You assume the entire risk as to the quality and performance of the information, products, and services provided by third party service providers and third parties.
12. Limitation of Liability
THE AO PLANET and the other THE AO PLANET Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages, lost profits or other damages of any type or kind, including damages relating to harm to person (including death) and harm to property, even if THE AO PLANET or the other THE AO PLANET Parties have been advised of the possibility of such damages. To the extent a claim for liability (including the theories listed above) arise from the actions relating to third party service providers, then THE AO PLANET and other THE AO PLANET Parties will not be liable under any of the theories above and will not be liable for any action relating to gross negligence, intentional misconduct, and fraud of the third party service provider.
The total liability of THE AO PLANET and the other THE AO PLANET Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of THE AO PLANET or the other THE AO PLANET Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release THE AO PLANET and the other THE AO PLANET Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence, personal injury, death, or harm to property), arising out of or related to disputes between users and the acts or omissions of third parties.
You expressly waive any rights you may have under any statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
14. Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
15. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with THE AO PLANET and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or THE AO PLANET seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or THE AO PLANET seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and THE AO PLANET waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in King County, Washington in accordance with the Streamlined Arbitration Rules and Procedures (“Rules
”) of the Judicial Arbitration and Mediation Services (“JAMS
”). You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and THE AO PLANET agree that any dispute arising out of or related to these Terms or our Services is personal to you and THE AO PLANET and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and THE AO PLANET agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA
”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and THE AO PLANET agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE AO PLANET WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 15 by sending a written letter to THE AO PLANET stating the same. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.
16. Governing Law and Venue
THESE TERMS AND YOUR ACCESS TO AND USE OF OUR SERVICES WILL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF WASHINGTON, WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES (WHETHER OF WASHINGTON OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. ANY DISPUTE BETWEEN THE PARTIES THAT IS NOT SUBJECT TO ARBITRATION OR CANNOT BE HEARD IN SMALL CLAIMS COURT WILL BE RESOLVED IN THE STATE OR FEDERAL COURTS OF WASHINGTON AND THE UNITED STATES, RESPECTIVELY, SITTING IN KING COUNTY, WASHINGTON.
17. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated
” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and THE AO PLANET relating to your access to and use of our Services. The failure of THE AO PLANET to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.