Aisle Website Terms of Use
Welcome to https://aisle.com (together with its subdomains, Content, Marks and services, the "Website"). Please read the following Terms of Use carefully before using this Website so that you are aware of your legal rights and obligations with respect to Aisle Inc. ("Aisle", "we", "our" or "us"). By accessing or using the Website, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with our Privacy Policy (collectively the "Terms"). If you do not agree to be bound by these Terms please do not access or use the Website.
PLEASE ALSO READ THESE TERMS OF USE CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. PLEASE NOTE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS REQUIRE THE USE OF INFORMAL DISPUTE RESOLUTION ON AN INDIVIDUAL BASIS, RATHER THAN COURTS OR JURY TRIALS, AND LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
1. Background
The Website is intended to provide you with information related to our products and services and to enable you to contact us via the Website.
2. Modification
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following the posting of the revised Terms on the Website, and your continued use of the Website thereafter means that you accept those changes.
3. Ability to Accept Terms
The Website is only intended for individuals aged eighteen (18) years or older. If you are under eighteen (18) years old please do not visit or use the Website.
4. Website Access
For such time as these Terms are in effect, we hereby grant you permission to visit and use the Website, provided that you comply with these Terms and applicable laws.
5. Restrictions
You shall not:
- (i) copy, distribute or modify any part of the Website without our prior written authorization;
- (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein;
- (iii) disrupt servers or networks connected to the Website;
- (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Website; and/or
- (v) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Website.
6. Intellectual Property Rights
6.1. Content and Marks
The (i) content on the Website, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Content"), and (ii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Aisle and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. "Aisle", the Aisle logo, and other marks are Marks of Aisle or its affiliates. All other trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Website and the Content.
6.2. Use of Content
Content on the Website is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
6.3. Spam
You agree not to, and will not, use the communication systems provided by the Website to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
7. Information Description
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Website is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
8. Links
8.1
The Website may contain links, and may enable you to post content, to third party websites that are not owned or controlled by Aisle. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release Aisle from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
8.2
Aisle permits you to link to the Website provided that: (i) you link to but do not replicate any page on this Website; (ii) the hyperlink text shall accurately describe the Content as it appears on the Website; (iii) you shall not misrepresent your relationship with Aisle or present any false information about Aisle and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website ("Third Party Website") which prohibits linking to third parties; (v) such Third Party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
9. Privacy
We will use any personal information that we may collect or obtain in connection with the Website in accordance with our privacy policy which is available at: https://aisle.com/privacy-policy.
10. Warranty Disclaimers
10.1
This section applies whether or not the services provided under the Website are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
10.2
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. AISLE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. AISLE DOES NOT GUARANTEE THAT THE WEBSITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE WEBSITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT AISLE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE BY A THIRD PARTY.
10.3
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, AISLE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE WEBSITE.
11. Limitation of Liability
11.1
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AISLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF AISLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
11.2
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AISLE FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE THE WEBSITE, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO AISLE FOR USING THE WEBSITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
12. Indemnity
You agree to defend, indemnify and hold harmless Aisle and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Website; (ii) your interaction with any Website user; or (iii) your violation of these Terms.
13. Dispute Resolution
PLEASE READ THIS "DISPUTE RESOLUTION" SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.
13.1. Informal dispute resolution procedure
If a dispute arises between you and Aisle, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account, if any, to the following email address: [email protected]. For any dispute that Aisle initiates, we will send our written description of the dispute to the email address associated with your Aisle account (if any) or to any email address we have on file for you. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and Aisle agree to the further dispute resolution provisions below.
The above process for an informal dispute resolution process is required before you may commence any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
13.2. Changes
Aisle will provide thirty (30) days' notice of any changes to this "Dispute Resolution" section by posting the change on Aisle's website, or providing any other notice in accordance with legal requirements. Any such changes will go into effect 30 days after Aisle provides this notice and apply to all claims not yet filed. If you reject any such changes, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes will not apply to claims not yet filed. If Aisle changes this "Dispute Resolution" section after the date you first accepted this agreement (or accepted any subsequent changes), you agree that your continued use of the Website 30 days after such change will be deemed acceptance of those changes.
14. Term and Termination
These Terms are effective until terminated by Aisle or you. Aisle, in its sole discretion, has the right to terminate these Terms and/or your access to the Website, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Aisle shall not be liable to you or any third party for termination of the Website, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website. Upon termination of these Terms, you shall cease all use of the Website. This Section (Section 14) and Sections 6 (Intellectual Property Rights), 9 (Privacy), 10 (Warranty Disclaimers), 11 (Limitation of Liability), 12 (Indemnity), 13 (Dispute Resolution) and Sections 15 (Independent Contractors) to 18 (General) shall survive termination of these Terms.
15. Independent Contractors
You and Aisle are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Aisle. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Aisle.
16. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Aisle without restriction or notification to you. Any prohibited assignment shall be null and void.
17. Governing Law
Aisle reserves the right to discontinue or modify any aspect of the Website at any time. These Terms and the relationship between you and Aisle shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Aisle may seek injunctive relief in any court of competent jurisdiction.
18. General
These Terms shall constitute the entire agreement between you and Aisle concerning the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.