PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (collectively with any amendments, "TERMS AND CONDITIONS") BEFORE REGISTERING OR USING THIS WEBSITE. THIS WEBSITE IS OWNED AND OPERATED BY ASIA ENDURANCE, LLC AND ITS AFFILIATES (collectively "ASIA ENDURANCE", "US", "WE" or "OUR"). THE TERMS AND CONDITIONS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION.
BY USING THIS WEB SITE OR ANY WEB SITE OF ASIA ENDURANCE, LLC, AND/OR PLACING AN ORDER FOR ASIA ENDURANCE, LLC'S EVENTS, PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR ASIA ENDURANCE EVENTS, PRODUCTS AND SERVICES.
IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE ASIA ENDURANCE EVENTS, PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE ASIA ENDURANCE EVENTS, PRODUCTS OR SERVICES.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of the Websites and/or other products or services of Asia Endurance after any such changes constitutes your acceptance of the new Terms and Conditions. Any updates or amendments will be posted on the Websites. The Terms and Conditions displayed on the Websites at the time the order is accepted will apply to the order.
Welcome to the Web site of Asia Endurance, LLC, which includes without limitation our related sites such as asiaendurance.com, wuyitrailrace.com, foursistersultra.com, siguniangultra.com, rungreatwall.com (collectively, "Websites").
These Terms and Conditions govern and apply to your ("you" or "your") access to and use of the Websites and their related domains on which these Terms and Conditions appear, any order you place through any of the Websites, and to all products and services we supply, produce, distribute, or market.
To the extent of any express inconsistency with any other agreement you may have with Asia Endurance for products, services, or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Websites.
You must only use the Websites for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Websites. You may not without our prior written consent:
- copy, reproduce, use, or otherwise deal with any content on the Websites;
- modify, distribute, or re-post any content on the Websites for any purpose; or
- use the content of the Websites for any commercial exploitation whatsoever.
In using the Websites, you further agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Websites, or any services, system resources, accounts, servers, or networks connected to or accessible through the Websites or affiliated or linked sites;
- not to disrupt or interfere with any other user's enjoyment of the Websites or affiliated or linked Web sites;
- not to upload, post, or otherwise transmit through or on the Websites any viruses or other harmful, disruptive, or destructive files;
- not to use, frame, or utilize framing techniques to enclose any Asia Endurance trademark, logo, or other proprietary information (including the images found at the Websites, the content of any text, or the layout/design of any page or form contained on a page) without Asia Endurance express written consent;
- not to use meta tags or any other "hidden text" utilizing a Asia Endurance name, trademark, or product name without Asia Endurance express written consent;
- not to deeplink to this Websites without Asia Endurance express written consent;
- not to create or use a false identity on the Websites, share your account information, or allow any person besides yourself to use your account to access the Websites;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorized access to the Websites or portions of the Websites that are restricted from general access;
- not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Asia Endurance; and
- to be bound by the Product Submission Policies of Asia Endurance, including that any product submission you may make to Asia Endurance will not be held in confidence by Asia Endurance, and is not proprietary, that Asia Endurance may use the product submission and any aspect thereof for any purposes in Asia Endurance sole discretion, and that Asia Endurance owes no duties or obligations with respect to you or the product submission made.
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Websites. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Websites. We have the right to remove any material or posting you make on the Websites if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.
The views and opinions of authors, trainers, experts and any other contributors expressed herein do not necessarily state or reflect the attitudes and opinions of Asia Endurance. These views and opinions shall not be attributed to or otherwise endorsed by Asia Endurance, and may not be used for advertising or product endorsement purposes without the express, written consent of Asia Endurance
CONTENT UPLOADED TO THE WEBSITES
In the event that you upload any photographs, comments, video clips, or other media to the Websites (the "Uploaded Content"), Asia Endurance has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Web sites, in perpetuity throughout the world as Asia Endurance in its sole discretion sees fit without further consent or payment. Asia Endurance has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Asia Endurance has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Asia Endurance may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Asia Endurance sole discretion. Asia Endurance is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.
Users of the Websites must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.
Users posting Uploaded Content via a user profile must treat their login credentials and password confidential and ensure that they are not shared with any third that might jeopardize the security of their account.
CHANGES TO THE WEBSITES
Asia Endurance may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Websites or any products available through or outside of the Websites, temporarily or permanently, including the availability of any features of the Websites or access to any parts of the Websites, at any time without notice to you, and you agree that Asia Endurance shall not be liable therefor.
Asia Endurance makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Websites, or sites linking to these Websites. The linked sites are not under the control of Asia Endurance, and Asia Endurance is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Asia Endurance of the site or any information contained therein. When leaving the Websites, you should be aware that Asia Endurance Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
COPYRIGHT AND TRADEMARKS
All the Websites' materials, including, without limitation, all Asia Endurance product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright © 2014-2019 Asia Endurance, LLC. ALL RIGHTS RESERVED. Unless expressly stated otherwise, Asia Endurance or its suppliers or licensors own and retain other proprietary rights in all products available through the Websites. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Asia Endurance or the respective copyright owner. You may not, without the express written permission of Asia Endurance or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Websites, its content, or services or products obtained through the Websites; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Websites or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Asia Endurance or any third party.
Trademarks: Together with other logos and product names described on this Websites, the following includes a partial list of trademarks or registered trademarks of Asia Endurance, LLC, in the United States and other countries: Asia Endurance, SHANGRI-LA Marathon, Yunnan Puzhehei Marathon, VALENCIA Trail Race, SPACEROCK Trail Race, Grit OCR, Silver Moon Race, Wuyi Trail Race, Four Sisters Ultra, Mt. Siguniang Ultra, TRAIL FANATICS. These and all other Asia Endurance trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Asia Endurance or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Asia Endurance, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Asia Endurance. Other names and brands may be claimed as the property of others.
COPYRIGHT POLICY AND COPYRIGHT AGENT
It is Asia Endurance policy to respect the copyright and intellectual property rights of others. Asia Endurance may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, Asia Endurance may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Asia Endurance complies with the Digital Millennium Copyright Act.
If you believe that Asia Endurance or any user of our Websites has infringed your copyright in any material way, please notify Asia Endurance, and provide the following:
- an identification of the intellectual property right claimed to have been infringed;
- an identification of the material that you claim is infringing so that we may locate it on the Websites;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law; and
- a statement by you that the above information in your notice is accurate, made under penalty of perjury, and
- that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email or by mail to:
- Asia Endurance, LLC
- 23890 Copper Hill Dr. Unit 372
- Valencia, CA 91354
You agree to indemnify and hold harmless Asia Endurance, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Website, your violation of these Terms and Conditions, or your violation of any rights of a third party.
EVENT, SERVICE OR PRODUCT INFORMATION
For questions about the events, products or services on this Website, please use the contact link found on each page. For questions about event registrations or orders placed through the Websites or otherwise, please use the reply-to email in the email receipt you receive or by visiting the online contact page.
PRODUCT AND SERVICE DESCRIPTIONS
We have taken reasonable precautions to try to ensure that all event, product, and service descriptions, prices and other information shown on the Websites are correct and fairly described. However, when registering for an event, ordering products or services through the Websites, please note that:
- Asia Endurance reserves the right not to accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;
- all prices are displayed in United States Dollars unless expressly indicated otherwise;
- actual event, product packaging, or service may vary from that shown on the Websites;
- all items are subject to availability and we will inform you as soon as reasonably possible if the product(s) or service(s) you have ordered is not available and whether we may offer you an alternative product(s) or service(s) of equal or higher quality and value.
Please also note that the terms of any event, services or products offered by Asia Endurance and/or purchased by you, such as pricing, specifications, delivery times, and/or package contents are subject to change by Asia Endurance by providing you advanced notice, including by posting notice of the change on our Websites, sending you an email to the address you provided at purchase, or by including a notice in any auto-ship or continuity shipment sent to you which will apply towards subsequent shipments. Asia Endurance will not incur any obligation as a result of such change. As a valued customer, you are always free to cancel future orders at any time by contacting us. By continuing to accept products or service after we have notified you of a change to any terms, you will be deemed to have accepted the change.
ORDER AND PAYMENT INFORMATION
If you use the Websites or other means to purchase an event registration, service or product, payment must be received by Asia Endurance prior to Asia Endurance acceptance of an order, unless otherwise agreed by Asia Endurance. All Asia Endurance events, products or services are subject to sales tax which will be applied to your order total. Asia Endurance may need to verify information you provide before Asia Endurance accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is canceled or limited, Asia Endurance will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Asia Endurance expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering products through the Websites or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Asia Endurance is registered to you. Asia Endurance shall have the right to bar your access to and use of the Websites or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Asia Endurance, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Websites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Asia Endurance may reject orders where the stated delivery address is outside the United States, the United Kingdom and Canada. If stated, Asia Endurance will add applicable shipping and handling fees.
Asia Endurance descriptions of, or references to, products not owned by Asia Endurance on and outside of the Websites do not imply endorsement of that event, product, service or constitute a warranty, by Asia Endurance.
CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR EVENT, SERVICE OR PRODUCTS FOR SALE ON OR OUTSIDE THE WEBSITES MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH ASIA ENDURANCE. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS OR SERVICES FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE WEBSITES.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES AND OTHER EVENTS, PRODUCTS OR SERVICES OF ASIA ENDURANCE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITES AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
YOU ACKNOWLEDGE THAT ASIA ENDURANCE DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE WEBSITES, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO ASIA ENDURANCE FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, ASIA ENDURANCE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THE WEBSITES. NOR DOES ASIA ENDURANCE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES, ANY EVENTS, PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE WEBSITES, OR ITS CONTENT.
ALTHOUGH ASIA ENDURANCE STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE WEBSITES, ASIA ENDURANCE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE WEBSITES IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, ASIA ENDURANCE DOES NOT WARRANT THAT ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
ASIA ENDURANCE DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE WEBSITES WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, ASIA ENDURANCE DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this section apply to the extent permitted by law and survive any termination of the Terms and Conditions.
LIMITATIONS ON LIABILITY
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ASIA ENDURANCE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE WEBSITES; (II) THE USE OR INABILITY TO USE THE WEBSITES; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE WEBSITES; (IV) THE PURCHASE OR USE OF ANY EVENT, PRODUCTS OR SERVICES THROUGH THE WEBSITES OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF ASIA ENDURANCE OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ASIA ENDURANCE LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO ASIA ENDURANCE FOR ANY EVENT, PRODUCTS OR SERVICES SUPPLIED BY ASIA ENDURANCE THROUGH YOUR USE OF THE WEBSITES OR OTHERWISE.
ASIA ENDURANCE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OR PART-PROVISION OF THESE TERMS AND CONDITIONS SHALL BE INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE IT SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS.
The terms of this section survive any termination of the Terms and Conditions.
The Websites are controlled, operated, and administered by Asia Endurance from within the United States of America. Asia Endurance makes no representation that materials on the Websites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Websites are illegal is prohibited. You may not use the Websites or export the content or products in violation of U.S. export laws and regulations. If you access the Websites from a location outside of the United States, you are responsible for compliance with all local laws.
Notwithstanding any of these Terms and Conditions, Asia Endurance reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Websites and to block or prevent future access to and use of the Websites. You agree that Asia Endurance shall not be liable for any termination of your use of or access to the Websites.
Only you and Asia Endurance shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
If any provision of these Terms and Conditions, or part thereof, shall be deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, shall be deemed severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions or part thereof.
The terms of this section survive any termination of the Terms and Conditions.
It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.
DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
Disputes. The terms of this Section shall apply to all Disputes between you and Asia Endurance. For the purposes of this Section, "Dispute" shall mean any dispute, claim, or action between you and Asia Endurance arising under or relating to the Products, the Websites, this Agreement, or any other transaction involving you and Asia Endurance, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND ASIA ENDURANCE AGREE THAT "DISPUTE" AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR ASIA ENDURANCE FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT OR MISUSE, AND (D) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in this Agreement, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
Binding Arbitration. You and Asia Endurance further agree: (a) to arbitrate all Disputes between the parties pursuant to the provisions in this Agreement; (b) this Agreement memorializes a transaction in interstate commerce; (c) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (d) this Section shall survive termination of this Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court's jurisdiction and is pending only in that court.
Dispute Notice. In the event of a Dispute, you or Asia Endurance must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the "Dispute Notice"). The Dispute Notice to Asia Endurance must be addressed to: Asia Endurance, LLC, 23890 Copper Hill Dr. Unit 372, Valencia, CA 91354, U.S.A. (the "Asia Endurance Notice Address"). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Asia Endurance and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Asia Endurance may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
EXCLUSIVE VENUE FOR OTHER CONTROVERSIES
Asia Endurance and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for any such controversy.
The Terms and Conditions constitute the entire agreement between Asia Endurance and you with respect to your use of the Websites, your purchase of products and services through the Websites, and as applicable any products or services of Asia Endurance. Any cause of action you may have with respect to the Websites or Asia Endurance products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Asia Endurance, and you do not have any authority to create any obligation or make any representation on Asia Endurance behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Asia Endurance written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Asia Endurance and their respective successors and assigns.
The terms of this section survive any termination of the Terms and Conditions.
OTHER IMPORTANT TERMS
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
Last updated and effective: Janurary 6, 2019