- Description and Use of Our Website
We provide Visitors and Registered Users with access to the following Services:
Visitors. Visitors are people who do not register with us, but want to explore our website. No login is required for Visitors. Visitors can: (i) view all publicly available content on the website, and (ii) email us directly.
Registered Users. Registered Users can explore our website and view all publicly available content, and email us. They can also (i) purchase products and services through our website; (ii) access exclusive content available only to Registered Users; (iii) sign up for our various programs; and (iv) sign up for alerts and other notifications.
Astinova, Inc. is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. Astinova, Inc may deactivate any account at any time, if it determines that a Registered User has violated these Terms and Conditions.
The website is only available for individuals’ age 18 years or older.
- Intellectual Property
The website contains material, such as videos, coursework, lesson plans, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Astinova, Inc. (collectively referred to as “Content”). The Content may be owned by us or third parties. The Content is protected under both the law of the United States and the law of foreign countries. Unauthorized use of the Content may violate copyright, trademark and other applicable laws.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users, who have purchased any product or service, may download and view any Content of the purchased product or service for their own personal, non-commercial use. No other use is permitted without the prior written consent of Astinova, Inc. Astinova, Inc. retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a network computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the website automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks and logos of Astinova, Inc. (the “Astinova Trademarks”) used and displayed on this website are registered and unregistered trademarks or service marks of Astinova, Inc. Nothing on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Astinova Trademarks, without our prior written permission specific for each such use. Use of the Astinova Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Astinova Trademarks inures to our benefit.
Elements of the website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
- Communications with Us
We encourage you to email us, but please be aware that you should not email us any content that contains confidential information. As to all emails and communications that you send to us, including feedback, questions, comments or suggestions, we are free to use your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of Astinova’s products and services without compensation or attribution to you.
- NO WARRANTIES OR LIMITATIONS OR LIABILITY
THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVICES, OR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITE AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES RESULTING FROM LOST DATA) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
IF THE USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICE OR REPLACEMENT OF EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR TECHNICAL, TYPOGRAPHICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
- External Sites
The website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on External Sites. The content of External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding the links or any of their content. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
- Compliance with Applicable Laws
The website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the website or the Content from outside of the United States, you do so at your own risk. Whether you are inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
- Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the website at any time without prior notice or liability.
- Controlling Law
This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law’s provisions.
- Binding Arbitration
In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (“Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. All disputes will be resolved before a neural arbitrator selected jointly by the parties, whose decision shall be final, except for a limited right to appeal under the FAA. The arbitration will be commenced and conducted by JAMS pursuant to its current Comprehensive Arbitration Rules at www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by telephone, or online. If conducted in person, the arbitration shall take place in the United States, in the county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending in arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 18 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
- Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law: (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and any state courts in California, for purposes of any such action by us.
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, THE CONTENT, OR THIS AGREEMENT, MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub-licensees.