Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE
TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER
PROVISION, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH MYASIANCLASS,
INC. BY ACCESSING OR USING OUR WEBSITE, APPLICATIONS OR OTHER PRODUCTS OR
SERVICES (TOGETHER, THE “MYASIANCLASS SERVICE”), YOU AGREE TO BE BOUND BY ALL
TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE (“TERMS”). IF
YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE MYASIANCLASS
SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS
ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH
OTHER USERS IN PERSON AS OUTLINED IN SECTION 17.
These Terms apply to your access to and use of the MyAsianClass
Service provided by MyAsianClass, Inc. (“MyAsianClass,” “we” and “us”).
Additional terms (including, but not limited to, the terms of social media
services, third-party payment processors, and third-party fulfillment
providers) may apply to particular functionalities and features related to the MyAsianClass
Service.
Note: From time to time MyAsianClass introduces new
features that may only be available to certain users. Provisions of these Terms
of Service relating to such new features, including, at the present, the
electronic payments and fulfillment solutions, may not apply to all users.
1.
Eligibility
ONLY USERS WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER
MAY REGISTER FOR OR USE THE MYASIANCLASS SERVICE. The MyAsianClass Service is not targeted
towards, nor intended for use by, anyone under the age of thirteen (13). If you
are between the ages of thirteen (13) and eighteen (18), you may use the MyAsianClass
Service only under the supervision of a parent or legal guardian who agrees to
be bound by these Terms and any applicable additional terms. You further
represent and warrant that you: (a) have not previously been suspended or
removed from using the MyAsianClass Service; (b) are legally permitted to, and
do, live in the United States or one of its territories, and (c) may enter into
this agreement without violating any other agreement to which you are a party.
If you are registering to use the MyAsianClass Service on behalf of a legal
entity, you further represent and warrant that (i) such legal entity is duly
organized and validly existing under the applicable laws of the jurisdiction of
its organization, and (ii) you are duly authorized by such legal entity to act
on its behalf.
2.
Account Registration and Security Responsibilities
In order to access certain parts of the MyAsianClass
Service, you may be required to create an MyAsianClass account (an “Account”)
or a seller payment account (“Stripe Account”) with Stripe, Inc. (“Stripe”). In
connection with creating an Account or a Stripe Account, you must provide
certain information (“Registration Data”) and answer all questions or fields
marked “required.” You agree to: (a) provide true, accurate, current and
complete Registration Data; (b) maintain and update such Registration Data to
keep it true, accurate, current and complete; (c) maintain the security of your
Account and the Stripe Account, including by maintaining the security and
confidentiality of your login credentials; and (d) consent to allow MyAsianClass
to contact you for the purpose of confirming some or all of your Registration
Data, to conduct research and to resolve disputes, as MyAsianClass may elect to
do from time to time.
3.
Purchases From Other Users.
A. Cash and Other Payments Determined by Users. A buyer may, by agreement with the seller, elect
to make payment by cash, check or other payment method accepted by the seller.
Such payments are made directly between the buyer and the seller when they meet
in person to complete their purchase and sale transaction, pursuant to terms
they determine. MyAsianClass is not a party to such transactions, and does not
facilitate such transactions, refunds or returns in any manner.
B. MyAsianClass Payment Solution. A buyer and seller may instead pay with and
accept credit cards and other electronic payment methods (each an “Electronic
Payment Method”) through the MyAsianClass Service. MyAsianClass has integrated
with Stripe, a payment processing service, to allow sellers to accept certain
Electronic Payment Methods from buyers using Stripe’s payment processing
services (“MyAsianClass Payment Solution”). Buyers who wish to use the MyAsianClass
Payment Solution must register an Electronic Payment Method with MyAsianClass,
and sellers must enroll for the service through Stripe. Enrollment in and usage
of the MyAsianClass Payment Solution is voluntary, so buyers should note that
some sellers may not accept Electronic Payment Methods, or may only accept
Electronic Payment Methods for certain transactions. MyAsianClass, in its sole
discretion, may from time to time impose limits on your ability to make and/or
receive payments through the MyAsianClass Payment Solution. Additionally,
Stripe may impose its own limits and limitations on a seller’s use of the MyAsianClass
Payment Solution. For instance, a seller’s enrollment in the MyAsianClass
Payment Solution is subject to Stripe’s confirmation that the seller meets
Stripe’s enrollment criteria. Sellers should refer to Section 2(d) below for
information about the impact of failing to meet Stripe’s enrollment criteria.
i. Buyers. As with any purchases made using cash, all
purchases made using the MyAsianClass Payment Solution are made directly
between the buyer and the seller when they complete their purchase and sale
transaction, pursuant to the terms they determine. When you initiate a payment
through the MyAsianClass Payment Solution, the seller processes your Electronic
Payment Method using Stripe’s payment processing service. MyAsianClass is not a
party to purchase and sale transactions completed using the MyAsianClass
Payment Solution, and disclaims any and all responsibility to facilitate such
transactions, except to provide an interface through which you can provide your
Electronic Payment Method to Stripe to process on behalf of the seller. MyAsianClass
further disclaims any and all responsibility to facilitate or provide refunds
or returns in any manner, other than as expressly provided in the Buyer Protection
Policy.
ii. Sellers. By using the MyAsianClass Payment Solution to
accept Electronic Payment Methods, you are entering into an agreement with
Stripe subject to the terms of the Stripe Connected
Account Agreement, which includes the Stripe Terms of Service (collectively,
the “Stripe Services Agreement”). Notwithstanding anything to the contrary in
the Stripe Services Agreement, you will not have the right to have Stripe, and
will not request that Stripe, transfer any buyer data Stripe collects via the MyAsianClass
Payment Solution to an alternative payment processor. Except for the foregoing
restriction that supersedes any rights you may have in the Stripe Services
Agreement, the Stripe Services Agreement is separate from these Terms. MyAsianClass
is not a party to the Stripe Services Agreement and will not be liable or
responsible for the payment services provided by Stripe. If Stripe discontinues
providing services in connection with the MyAsianClass Payment Solution, you
authorize Stripe to share your payment method information with an alternative
third-party payment processor that is or will be integrated into the MyAsianClass
Payment Solution.
iii. Seller Fees. You agree to pay the service fees (“Service
Fees”) for the sales transactions you make using the MyAsianClass Payment
Solution. The Service Fees include Electronic Payment Method processing fees to
Stripe and service fees to MyAsianClass. MyAsianClass reserves the right to
change the Service Fees from time to time.
iv. Receiving Sales Proceeds. Upon completion of a sale in which the buyer
uses the MyAsianClass Payment Solution, if you have not previously set up a
Stripe Account, then you must set up a Stripe Account in accordance with the
requirements specified by Stripe to receive the payment via the MyAsianClass
Payment Solution. STRIPE MUST ACCEPT YOUR APPLICATION TO USE THE MYASIANCLASS
PAYMENT SOLUTION BEFORE YOU CAN RECEIVE SALES PROCEEDS VIA THE MYASIANCLASS
PAYMENT SOLUTION. IF STRIPE REJECTS YOUR APPLICATION OR YOU FAIL TO SET UP A
STRIPE ACCOUNT WITHIN 90 DAYS AFTER COMPLETION OF A SALE PROCESSED BY STRIPE
THROUGH THE MYASIANCLASS PAYMENT SOLUTION, THEN STRIPE MAY DISABLE OR LIMIT
YOUR ABILITY TO RECEIVE SALES PROCEEDS VIA THE MYASIANCLASS PAYMENT SOLUTION.
v. Acceptable Use Violations. YOUR RIGHT AND/OR ABILITY TO RECEIVE SALES
PROCEEDS VIA THE MYASIANCLASS PAYMENT SOLUTION MAY BE REVOKED, DISABLED OR
LIMITED IF THE PURCHASE OR SALE VIOLATES SECTION 7 (ACCEPTABLE USE) OF THESE
TERMS, INCLUDING FOR SALES THAT VIOLATE THE PROHIBITED ITEMS GUIDELINES.
vi. Transactions Final. Regardless of the payment method chosen, ALL
PURCHASES ARE FINAL, AND THERE ARE NO REFUNDS, UNLESS YOU AND THE SELLER
OTHERWISE AGREE AND MAKE ARRANGEMENTS FOR A REFUND. MyAsianClass will not be
responsible for facilitating refunds, other than as expressly provided
with respect to the Buyer Protection
Policy.
vii. Taxes. It is your responsibility to determine what, if
any, taxes apply to each transaction you complete via the MyAsianClass Service,
including, for example, sales, use, value added, and similar taxes. It is also
your responsibility to withhold, collect, report and remit the correct taxes to
the appropriate tax authorities. MyAsianClass is not responsible for
withholding, collecting, reporting, or remitting any sales, use, value added,
or similar tax arising from any transaction you complete via the MyAsianClass
Service.
C. Shipping. From
time to time, MyAsianClass may, in its sole discretion and pursuant to
its Shipping Policy, recommend a third party to allow sellers to
ship purchased items to buyers. MyAsianClass is not a party to transactions
conducted between buyers and sellers, or to the shipping of items from sellers
to buyers, and, other than as expressly provided in the Shipping Policy,
MyAsianClass will not be liable for, and you release us from any liability to
you for, any losses, damages, or delays related to shipping. You
agree not to use the MyAsianClass shipping service to mail or cause to be
mailed, or ship or cause to be shipped, any item purchased and sold through MyAsianClass
in a manner that violates the law and/or United States Postal Service or
shipping regulations, including but not limited to U.S. Postal Service
Publication 52. You further warrant that any item you mail or ship contains
no weapons, ammunition, explosives, living or infectious biological matter,
human remains, pornography, alcohol, prescription drugs, illegal drugs,
currency, dangerous goods, hazardous goods, or other goods that may not be
shipped or mailed by law. As a seller, you assume full responsibility for
compliance with all applicable laws and regulations, including those regarding
mailing and shipping. Anyone who sends, or causes to be sent, a
prohibited, illegal, or improperly packaged or labeled material can be subject
to legal penalties such as civil penalties, fines and/or imprisonment,
including but not limited to those specified in 18 U.S.C. § 1716 and 39 U.S.C.
§ 3018.
i. Sellers. From time to time, MyAsianClass may, in its sole
discretion, permit certain sellers to post their items for sale nationwide.
Sellers will be charged a posting fee for any sale that results in an item
being shipped. Sellers who choose to post nationwide must ship their items in
accordance with MyAsianClass’s Shipping Policy. When a seller accepts a buyer’s
offer to purchase an item to be shipped, the seller must print the pre-paid
shipping label and mail the item within 3 business days of accepting the offer.
The seller may cancel an accepted offer up until the package is initially
scanned for mailing. The buyer’s payment, minus MyAsianClass’s nationwide
posting fee, will be released to the seller typically 3 business days after
delivery, provided that no Buyer Protection claims are made by the buyer. Buyer
Protection claims may result in delay and/or cancellation of payment being
released to the seller.
ii. Buyers. From time to time, Buyers will be able to view
items posted nationwide by sellers who have agreed to use the MyAsianClass
shipping feature. For these items, the buyer is solely responsible to pay the
cost of shipping the item from the seller. Buyers can cancel an offer to
purchase an item for shipping up until the seller has accepted the offer. When
a seller accepts a buyer’s offer to purchase an item for shipping, MyAsianClass
will charge or put a hold on the buyer’s method of payment, pending delivery of
the item. If there are any problems with the delivery or the item itself,
please consult the MyAsianClass Buyer Protection Policy. For any
undisclosed damage, incorrect or missing items, or items that are not as
described, buyers must contact MyAsianClass within 2 days of delivery,
otherwise MyAsianClass will deem the transaction closed and release the buyer’s
payment to the seller. Please review the MyAsianClass Buyer Protection
Policy to learn more. Buyers may also be given the option within the MyAsianClass
Service to confirm the item purchased is as described after receiving and
inspecting it. When done, MyAsianClass will also deem the transaction closed
and release the buyer’s payment to the seller.
4.
TruYou Feature.
We may at times offer features enabling you to apply
for or request certain badges (each, a “Badge”) to be associated with your MyAsianClass
Service account, including through your account profile. We may make available
the TruYou feature (“TruYou”), through which we may associate a TruYou Badge
with certain users that have provided personal identification documents (e.g.,
a driver’s license) to us. The display of a TruYou badge indicates only that a
user has provided MyAsianClass with such documentation. THE TRUYOU BADGE DOES
NOT DESIGNATE, AND WE DO NOT REPRESENT OR WARRANT THAT, (A) WE HAVE VERIFIED
THAT A USER WITH A TRUYOU BADGE IS THE PERSON THAT THEY CLAIM TO BE, (B) THAT A
USER IS IN FACT THE PERSON IDENTIFIED IN ANY PERSONAL IDENTIFICATION DOCUMENT
THAT USER HAS PROVIDED TO US, OR (C) THAT WE HAVE TAKEN ANY STEPS TO RUN A
CRIMINAL OR OTHER BACKGROUND CHECK OR OTHERWISE MAKE AN ASSESSMENT OF A USER’S
INTEGRITY OR CHARACTER.
If you choose to use the TruYou feature, you represent
and warrant to us that (a) any personal identification document that you
provide to us is an unaltered and accurate image of your government-issued
personal identification document that is without error, and (b) that you have
all necessary permissions to provide such personal identification documents to
us and your provision of such personal identification documents to us will not
violate any law or regulation or cause us to be subject to any investigation,
prosecution or legal action. DO NOT USE THIS FEATURE IF THE FOREGOING IS NOT
TRUE. We may disclose your photo identification document or certain personal
information you provide to our third-party service providers that may help us
to detect inaccurate or fraudulent personal identification documents and
related information. The TruYou feature and similar programs involving Badges
may be discontinued at any time without notice, and we reserve the right to
grant and revoke Badges for you or any other user at any time and without any
liability to us.
5.
Terms of Sale for MyAsianClass’s Paid Services.
From time to time, MyAsianClass may make certain
services available for a fee in connection with the MyAsianClass Service (“Paid
Services”). The following terms of sale apply solely to your purchase of Paid
Services from MyAsianClass.
A. Fees. Unless
otherwise agreed upon by MyAsianClass in writing, the fees payable in
connection with any Paid Services (“Fees”) will be specified via the MyAsianClass
Service. All Fees are denominated in U.S. dollars and are exclusive of any
applicable taxes.
B. Payment Method. You
may only pay Fees using valid payment methods acceptable to us, as specified
via the MyAsianClass Service. You represent and warrant that you are authorized
to use the payment method you designate via the MyAsianClass Service. You
authorize us to charge your designated payment method for the total amount of
your purchase, including any applicable taxes and other charges. You authorize
us to use a third-party service to update your designated payment information
if it is cancelled or expires. If the payment method cannot be verified, is
invalid or is otherwise not acceptable to us, your order may be suspended or
cancelled.
C. Subscriptions. CERTAIN
OF THE PAID SERVICES PROVIDED BY MYASIANCLASS MAY BE OFFERED ON A SUBSCRIPTION
BASIS WITH AUTO-RENEWING PAYMENTS (“SUBSCRIPTION SERVICES”). THE BILLING PERIOD
FOR EACH TYPE OF SUBSCRIPTION SERVICE WILL BE AS SPECIFIED VIA THE MYASIANCLASS
SERVICE AT THE TIME OF REGISTRATION. WHEN YOU REGISTER FOR ANY SUBSCRIPTION
SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (I) MYASIANCLASS (OR ITS
DESIGNATED THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A
RECURRING BASIS FOR THE SUBSCRIPTION SERVICE (IN ADDITION TO ANY APPLICABLE
TAXES AND OTHER CHARGES) AT THE THEN-CURRENT RATES FOR AS LONG AS THE SUBSCRIPTION
SERVICE CONTINUES, AND (II) THE SUBSCRIPTION SERVICE WILL CONTINUE UNTIL YOU
CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE MYASIANCLASS SERVICE IN
ACCORDANCE WITH THESE TERMS.
D. Cancellation Policy For Subscription Services. TO CANCEL ANY SUBSCRIPTION SERVICE, YOU MUST
CONTACT US THROUGH OUR HELP CENTER VIA OUR MOBILE APP OR WEBSITE (WWW.MYASIANCLASS.COM)
AND FOLLOW THE INSTRUCTIONS IN THE EMAIL WE SEND YOU IN RESPONSE TO YOUR
CANCELLATION REQUEST. YOU MUST CANCEL A SUBSCRIPTION SERVICE BEFORE THE START
OF THE NEXT BILLING PERIOD IN ORDER TO AVOID CHARGES FOR THE NEXT BILLING
PERIOD’S FEES. FOLLOWING ANY CANCELLATION, YOU WILL CONTINUE TO HAVE ACCESS TO
THE SUBSCRIPTION SERVICES (SUBJECT TO THESE TERMS) THROUGH THE END OF YOUR
CURRENT BILLING PERIOD.
E. Price Changes. MYASIANCLASS
RESERVES THE RIGHT TO MODIFY THE FEES FOR ANY PAID SERVICES, INCLUDING ANY
SUBSCRIPTION SERVICES, FROM TIME TO TIME IN ITS SOLE DISCRETION. FOR
SUBSCRIPTION SERVICES, PRICE CHANGES WILL APPLY TO THE NEXT BILLING PERIOD.
F. Taxes. You
are responsible for any sales, duty or other governmental taxes or fees due
with respect to your purchase of Paid Services. We will collect applicable
sales tax if we determine that we have a duty to collect sales tax, and will
provide notice of such taxes at the time you place your order.
G. No Refunds. Except
as provided in Section 5(H), or as otherwise expressly agreed upon by MyAsianClass,
all sales of Paid Services (including any Subscription Services) are final and
there are no refunds. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED
SUBSCRIPTION SERVICES PERIODS.
H. Errors. In
the event of an error in connection with the pricing or charging of Paid
Services, we reserve the right to correct such error and revise your order accordingly
(including charging the correct price) or to cancel the purchase and refund any
amount charged. Your sole remedy in the event of a billing error is to obtain a
refund for the excess amount charged. To be eligible for such refund, you must
provide notice of any such error within 120 days of the date of the billing
statement in which such error first appeared.
6.
Discontinuance of the MyAsianClass Service
MyAsianClass may, in its sole discretion and without
liability to you, modify, discontinue, terminate, suspend or shut-down
(temporarily or permanently) all or any portion of the MyAsianClass Service at
any time, without prior notice. Upon any such action by MyAsianClass, you must
immediately stop using the MyAsianClass Service. You may also cancel your
Account at any time, as described in Section 15 below. In addition, the TruYou
feature and similar programs involving Badges may be discontinued at any time
without notice.
7.
Acceptable Use
When accessing or using the MyAsianClass Service, you
agree that you will not violate any law, contract, intellectual property or
other third-party right or commit a tort. Without limiting the generality of
the foregoing, you agree that you will not do, and will not permit any third
party to do, any of the following:
- Engage in any unauthorized use of the MyAsianClass
Service (including, without limitation, political campaigning,
advertising, or marketing); - Transmit or otherwise make available any content
that: (1) you do not have the right to provide or transmit using the MyAsianClass
Service, (2) may expose MyAsianClass or its affiliates, licensors, or
users to any harm or liability, or (3) is harmful, fraudulent, deceptive,
threatening, harassing, defamatory, obscene, unlawful, untrue, or
otherwise objectionable; - Upload to, transmit, distribute, store, create,
or otherwise sell or offer for sale anything that violates our prohibited items guidelines. - Transmit or otherwise make available any content
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; - Originate, send, deliver, relay or otherwise
transmit unsolicited commercial email or other messages through the MyAsianClass
Service; - Copy any portion of the MyAsianClass Service or
any underlying content or source code; - Reverse engineer, disassemble or decompile any portion
of the MyAsianClass Service or otherwise attempt to discover or re-create
the source code to any software; - Distribute the software or source code behind the
MyAsianClass Service to any third party; - Make any modification, adaptation, improvement,
enhancement, translation or derivative work of or to any portion of the MyAsianClass
Service; - Remove, alter, or obscure any copyright or other
proprietary notices of MyAsianClass or its affiliates or licensors in any
portion of the MyAsianClass Service; - Obscure or disable any advertisements that appear
on or through the MyAsianClass Service; - Use any type of automated means, including
without limitation any harvesting bot, robot, spider, script, crawler,
scraper or other automated means or interface not provided by MyAsianClass,
to utilize the MyAsianClass Service or to collect or extract data; - Access without authorization any networks,
systems, or databases used in providing the MyAsianClass Service or any
accounts associated with MyAsianClass Service, or to access or use any
information therein for any purpose; - Attempt to probe, test, hack, or otherwise
circumvent any security measures; - Violate any requirements, policies, procedures or
regulations of any network connected to the MyAsianClass Service; - Use the MyAsianClass Service in any manner that
could damage, disable, overburden, or otherwise impair the MyAsianClass
Service (or the networks connected to the MyAsianClass Service); - Interfere with or disrupt the use and enjoyment by
others of the MyAsianClass Service, including without limitation
attempting, in any manner, to obtain the password, account, or other
security information of any other user; - Falsely state, impersonate, or otherwise
misrepresent your identity; - Provide false information during Account creation
or when using the TruYou Badge or the MyAsianClass Payment Solution, or
otherwise provide false, inaccurate or misleading information; - Create more than one Account or create an Account
on behalf of anyone other than yourself without permission; - Use or attempt to use another user’s Account
without authorization; - Attempt to pay for an item using the MyAsianClass
Payment Solution with an Electronic Payment Method that you either do not
own or are not validly authorized to use; - Use the MyAsianClass Service in any manner to
stalk, harass, invade the privacy of, or otherwise cause harm to, any
person; - Use the MyAsianClass Service in any manner that
exposes MyAsianClass to any harm or liability of any nature; - Use the MyAsianClass Service to infringe or
violate the intellectual property rights or any other rights of anyone
else (including MyAsianClass); - Develop any third-party applications that
interact with the MyAsianClass Service without MyAsianClass’s prior
written consent; - Use the MyAsianClass Service to engage in any
illegal or unauthorized purpose or to engage in, encourage, or promote
activities that are unlawful, misleading, malicious or discriminatory,
including, but not limited to violations of these Terms, illegal gambling,
fraud, money-laundering, or terrorist activities; - Transfer any rights granted to you under these
Terms; or - Encourage or induce any third party to engage in
any of the activities prohibited under this section.
If you violate any of the foregoing, MyAsianClass
reserves the right to suspend or terminate your right to access and use the MyAsianClass
Service immediately without notice, and you will have infringed MyAsianClass’s
intellectual property and other rights, which may subject you to prosecution and
damages. MyAsianClass also reserves the right to take any remedies it deems
appropriate under the circumstances if you have purchased or sold items that
are in violation of this Section 7. MyAsianClass reserves the right at all
times to monitor, review, retain and disclose any information regarding your
use of the MyAsianClass Service as necessary to satisfy any applicable law,
regulation, legal process or governmental request. You also acknowledge and
agree that MyAsianClass is not responsible or liable for the conduct of, or
your interactions with, any users of the MyAsianClass Service (whether online
or offline). Your interactions with other users are solely between you and such
users and we are not responsible or liable for any loss, damage, injury or harm
which results from these interactions. In addition, enforcement of these Terms
is solely in our discretion, and the absence of enforcement in some instances
does not constitute a waiver of our right to enforce these Terms in other
instances. These Terms do not create any private right of action on the part of
any third party or any reasonable expectation or promise that the MyAsianClass
Service will not contain any content that is prohibited by these Terms.
8.
User Content
In the course of using the MyAsianClass Service, you
may transmit or otherwise make available certain content, including information
about yourself, content, messages, materials, data, information, text, photos,
graphics, code or other items or materials (“User Content”) through interactive
areas or services, such as posting items for sale, making an offer, private
messaging, or other areas or services. User Content may be publicly viewable in
some instances. MyAsianClass reserves the right, but does not have the
obligation, to remove, screen or edit any User Content posted, transmitted, or
stored on the MyAsianClass Service at any time and for any reason without
notice. You will not (and will not allow or authorize any third-party to) post,
upload to, transmit, distribute, store, create, solicit, disclose, or
otherwise, publish through the MyAsianClass Service any of the following:
- User Content that is, in MyAsianClass’s judgment,
disrespectful or may expose MyAsianClass, Users or others to harm or
liability; - User Content that may infringe the patent,
trademark, trade secret, copyright, intellectual, privacy or proprietary
right of any party; - Private information of any third parties,
including addresses, phone numbers and payment card information; - Viruses, corrupted data or other harmful,
disruptive, or destructive files; or - User Content that inhibits any other person from
using or enjoying the MyAsianClass Service.
You are solely responsible for creating backup copies
of and replacing your User Content at your sole cost and expense. You
acknowledge and agree that MyAsianClass is not responsible for any errors or
omissions that you make in connection with the MyAsianClass Service. By
submitting or posting User Content, you hereby grant to MyAsianClass a
non-exclusive, transferable, royalty-free, perpetual, irrevocable,
sublicensable right to use, reproduce, modify, adapt, publish, translate, sell,
create derivative works from, distribute, perform, and display the User
Content, and your name, company name, location and any other information you
submit with the User Content, in connection with the MyAsianClass Service. The
use of your or any other User’s name, likeness, or identity in connection with
the MyAsianClass Service does not imply any endorsement thereof unless explicitly
stated otherwise. We also have the right to disclose your identity to any third
party who is claiming that any content posted by you constitutes a violation of
their intellectual property rights, or of their right to privacy.
9.
Moderation
You agree that MyAsianClass may moderate access to and
use of the MyAsianClass Service in our sole discretion through any means
(including, for example, blocking, filtering, deletion, delay, omission,
verification, and/or termination of your access. Furthermore, we have the right
to remove any posting you make on the MyAsianClass Service if, in our opinion,
your post does not comply with the content standards set out in Sections 7 and
8 above, and any other MyAsianClass Service rules, including without limitation
the prohibited items guidelines.
You agree not to bypass or attempt to bypass such moderation. You further agree
that MyAsianClass is not liable for moderating, not moderating or making any
representations regarding moderating.
10.
Third Party Services and Content
In using the MyAsianClass Service, you may view
content, utilize services, or otherwise interact with content and services
provided by third parties, including, but not limited to, the MyAsianClass
Payment Solution provided by a third-party payment processor, the MyAsianClass
fulfillment solution through third-party logistics providers, links and/or
connections to websites, applications or services of such parties (“Third-Party
Content”). MyAsianClass does not control, endorse or adopt any Third-Party
Content and you acknowledge and agree that MyAsianClass will have no
responsibility for any Third Party Content, including without limitation,
material that may be misleading, incomplete, erroneous, offensive, indecent or
otherwise objectionable. In addition, your business or other dealings or
correspondence with such third parties are solely between you and the third
parties. MyAsianClass is not responsible or liable for any damage or loss of
any sort caused, or alleged to be caused, by or in connection with any such
dealings, including the delivery, quality, safety, legality or any other aspect
of any good or services that you may purchase or sell to or from a third party.
11.
Feedback
Any comments or materials sent to us, including, but
not limited to, ideas, questions, comments, suggestions, feedback or the like
regarding the MyAsianClass Service or any other products or services of MyAsianClass
(collectively, “Feedback”), is non-confidential and will become our
sole property. We will have no obligation to you of any kind, monetary or
non-monetary, with respect to such Feedback and will be free to reproduce, use,
disclose, exhibit, display, transform, create derivative works from and
distribute the Feedback to others without limitation or obligation. You waive
any rights you may have to the Feedback (including any copyrights or moral
rights). Further, you agree not to submit any feedback that is defamatory, illegal,
offensive or otherwise violates any right of any third party, or breaches any
agreement between you and any third party.
12.
Copyright Policy
A. Repeat Infringer Policy. In accordance with the Digital Millennium
Copyright Act (“DMCA”) and other applicable law, MyAsianClass has adopted a
policy of terminating, in appropriate circumstances and at MyAsianClass’s
discretion, users who are deemed to be repeat infringers. We also may, at MyAsianClass’s
discretion, limit access to the MyAsianClass Service and terminate access of
any users who infringe any intellectual property rights of others, whether or
not there is any repeat infringement.
13.
Intellectual Property Rights
Unless otherwise indicated, the MyAsianClass Service
and all content, materials, information, functionality and other materials
displayed, performed, contained or available on or through the MyAsianClass
Service, including, without limitation, the MyAsianClass logo, and all designs,
text, graphics, pictures, information, data, sound files, images,
illustrations, software, other files, and the selection and arrangement thereof
(collectively, the “Materials”) are the proprietary property of MyAsianClass or
its affiliates or licensors, and are protected by U.S. and international
copyright laws and other intellectual property rights laws.
Except as otherwise provided, subject to your
compliance with all of the terms and conditions of these Terms, and in
consideration of your promises reflected herein (and with respect to any
services requiring payment of fees, your payment of such fees), we grant to you
a revocable, personal, non-exclusive, non-assignable and non-transferable
license for personal, non-commercial purposes, except where explicitly provided
otherwise, to (i) access and use the MyAsianClass Service, (ii) cause the
Materials to be displayed from a computer and/or mobile device and (iii) use
the Materials, solely as permitted under these Terms (the “License”). MyAsianClass
and its affiliates and licensors reserve all rights not expressly granted to
you in these Terms. You agree that these Terms do not grant you any rights in
or licenses to the MyAsianClass Service or the Materials, except for this
express, limited License. You will not otherwise copy, transmit, distribute,
sell, resell, license, de-compile, reverse engineer, disassemble, modify,
publish, participate in the transfer or sale of, create derivative works from,
perform, display, incorporate into another website, or in any other way exploit
any of the Materials or any other part of the MyAsianClass Service or any
derivative works thereof, in whole or in part for commercial or non-commercial
purposes. Without limiting the foregoing, you agree not to frame or display the
MyAsianClass Service or Materials (or any portion thereof) as part of any other
website or any other work of authorship without our prior written permission.
The License granted under this Section will automatically terminate if we
suspend or terminate your access to the MyAsianClass Service.
14.
Trademarks
MyAsianClass, MyAsianClass.com, MyAsianClassnow.com
and other MyAsianClass graphics, logos, page headers, buttons, icons, scripts,
and service names are trademarks, registered trademarks, or trade dress of MyAsianClass
or its affiliates in the U.S. and/or other countries, and may not be copied,
imitated, or used, in whole or in part, without MyAsianClass’s prior written
consent. You will not use any trademark, product or service name of MyAsianClass
without our prior written permission, including without limitation any metatags
or other “hidden text” utilizing any trademark, product of service name of MyAsianClass.
All other registered trademarks and service marks are used for reference
purposes only, and remain the property of their respective owners. Reference to
any products, services, processes or other information, by name, trademark,
manufacturer, supplier or otherwise does not constitute or imply an
endorsement, sponsorship or recommendation by MyAsianClass.
15.
Suspension; Termination.
MyAsianClass may revoke or terminate your License to
access or use the MyAsianClass Service for any reason without notice at MyAsianClass’s
sole discretion. Without limiting the generality of the foregoing, we may
revoke or terminate the License if you: (i) breach any obligation in these
Terms or in any other agreement between you and us, (ii) violate any policy or
guideline applicable to the MyAsianClass Service or Materials, or any other MyAsianClass
product or service, or (iii) use the MyAsianClass Service or the Materials
other than as specifically authorized in these Terms, without our prior written
permission. You will stop accessing or using the MyAsianClass Service
immediately if MyAsianClass suspends or terminates your License to access or
use the MyAsianClass Service. MyAsianClass reserves the right, but does not
undertake any duty, to take appropriate legal action including the pursuit of
civil, criminal, or injunctive redress against you for continuing to use the MyAsianClass
Service during suspension or after termination. MyAsianClass may recover its
reasonable attorneys’ fees and court costs from you for such action. These
Terms will remain enforceable against you while your License to access or use
the MyAsianClass Service is suspended and after it is terminated.
You may also terminate your License to access or use
the MyAsianClass Service by closing your Account at any time. For more details
on how to close your Account, please refer to our FAQs.
16.
Disclaimer of Warranties
A. TO THE FULLEST EXTENT PERMITTED UNDER
APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING
BY US, THE MYASIANCLASS SERVICE, THE MATERIALS, THE PAID SERVICES, AND ANY
ITEMS SOLD BY USERS THROUGH THE MYASIANCLASS SERVICE ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW,
WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
AS TO THE MYASIANCLASS SERVICE, INCLUDING THE INFORMATION, CONTENT AND
MATERIALS CONTAINED THEREIN, AND ANY ITEMS SOLD THROUGH THE MYASIANCLASS
SERVICE.
B. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST
EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER MYASIANCLASS NOR ANY OF ITS
AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS,
EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE “MYASIANCLASS
PROVIDERS”) REPRESENT OR WARRANT (I) THAT THE MYASIANCLASS SERVICE,
MATERIALS OR ITEMS SOLD THROUGH THE MYASIANCLASS SERVICE WILL MEET YOUR
REQUIREMENTS OR BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR ERROR FREE;
(II) THAT THE MYASIANCLASS SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE MYASIANCLASS
SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY,
RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE MYASIANCLASS
SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE MYASIANCLASS SERVICE WILL BE FREE
FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL
PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY
MATERIALS AVAILABLE ON OR THROUGH THE MYASIANCLASS SERVICE; (V) ANY IMPLIED
WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (VI) THAT THE MYASIANCLASS
SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE MYASIANCLASS SERVICE ARE
NON-INFRINGING; OR (VII) THAT ANY BADGE IS A REPRESENTATION AS TO THE IDENTITY,
CHARACTER OR INTEGRITY OF ANY PERSON, BUSINESS, OR ENTITY THAT IS ASSOCIATED
WITH A BADGE.
C. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR
TRANSFER THROUGH THE MYASIANCLASS SERVICE MAY BECOME IRRETRIEVABLY LOST OR
CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING
SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES,
DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES OUTSIDE OF OUR
REASONABLE CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE
COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE MYASIANCLASS
SERVICE.
Some jurisdictions do not allow the disclaimer of
implied terms in contracts with consumers, so some or all of the disclaimers in
this section may not apply to you.
17.
Assumption of Risk
A. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS
ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH
OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION,
CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO
THE SERVICES (OTHER THAN IN CONNECTION WITH THE TRUYOU FEATURE DESCRIBED IN
SECTION 4). YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS
WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN
PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO
PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT
PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO,
SELLING AND BUYING THROUGH MYASIANCLASS’S SERVICES (INCLUDING ALL ONLINE AND
OFFLINE INTERACTIONS WITH OTHER USERS).
B. COMMUNITY MEETUP SPOTS. COMMUNITY
MEETUP SPOTS ARE LOCATIONS IN WHICH A THIRD PARTY (SUCH AS A POLICE DEPARTMENT
OR LOCAL STORE) HAS AGREED TO POST A COMMUNITY MEETUP SPOT SIGN. WE ENCOURAGE
THIRD PARTIES TO PLACE COMMUNITY MEETUP SPOTS IN WELL-LIT LOCATIONS, WITH
SURVEILLANCE AND IN GENERALLY WELL-TRAFFICKED AREAS; HOWEVER, MYASIANCLASS DOES
NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY COMMUNITY MEETUP SPOT, DOES NOT
MONITOR COMMUNITY MEETUP SPOTS AND DOES NOT WARRANTY THEIR SAFETY OR CONDITION.
YOUR USAGE OF COMMUNITY MEETUP SPOTS, AND ANY DISPUTE ARISING OUT OF THAT
USAGE, INCLUDING AGAINST ANY THIRD PARTY POSTING A COMMUNITY MEETUP SPOT SIGN,
REMAINS SUBJECT TO THE EXPRESS PROVISIONS IN SECTIONS 16-22 OF THESE TERMS OF
SERVICE.
18.
Limitation of Liability
A. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL MYASIANCLASS OR THE MYASIANCLASS PROVIDERS BE LIABLE FOR
ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE MYASIANCLASS
SERVICE OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY
RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE MYASIANCLASS
SERVICE OR MATERIALS, (II) ANY INABILITY TO USE THE MYASIANCLASS SERVICE OR
MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED,
PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE MYASIANCLASS
SERVICE, EVEN IF MYASIANCLASS OR THE MYASIANCLASS PROVIDERS ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY
OR RESULTING FROM (Y) RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM
COMPANY, OR (Z) THAT RESULT FROM EVENTS BEYOND MYASIANCLASS’S OR THE MYASIANCLASS
PROVIDERS’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETION OF FILES OR
EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY
FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MYASIANCLASS’S
RECORDS, PROGRAMS OR SERVICES.
B. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MYASIANCLASS OR THE MYASIANCLASS
PROVIDERS (JOINTLY), ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO
USE THE OFFER UP SERVICE OR OTHERWISE RELATING TO THESE TERMS EXCEED THE
GREATER OF (I) ANY COMPENSATION YOU PAY, IF ANY, TO MYASIANCLASS FOR ACCESS TO
OR USE OF THE MYASIANCLASS SERVICE OR MATERIALS DURING THE 12 MONTHS PRECEDING
THE EVENT GIVING RISE TO THE LIABILITY; OR (II) $100 U.S. DOLLARS.
C. THE LIMITATIONS SET FORTH IN THIS SECTION 18 WILL
NOT LIMIT OR EXCLUDE LIABILITY FOR MYASIANCLASS OR THE MYASIANCLASS PROVIDERS’
GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OR
FRAUD.
19.
Indemnity
You agree to hold harmless, defend and indemnify MyAsianClass
and the MyAsianClass Providers from all liabilities, losses, damages,
deficiencies, claims, causes of action, demands and expenses, (including, but
not limited to, reasonable attorneys’ fees), that are due to, arise from or
otherwise relate to your conduct or your use or misuse of the MyAsianClass
Service or Materials, including, without limitation, any actual or threatened
suit, demand or claim made against MyAsianClass or any MyAsianClass Provider
that arises out of or relates to: (i) any intellectual property rights or other
proprietary rights of any third party, (ii) your breach of these Terms
including without limitation your breach of any of your representations and
warranties; (iii) your use of any of the MyAsianClass Service or Materials;
(iv) any content that you store on or transmit through the MyAsianClass
Service; or (v) any items that you mail or ship in connection with the MyAsianClass
Service, including items sold to other MyAsianClass users. MyAsianClass may
assume exclusive control of any defense of any matter subject to
indemnification by you, and you agree to cooperate with MyAsianClass in such
event.
20.
Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT
REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (INCLUDING A JURY TRIAL WAIVER)
ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND
SMALL CLAIMS) WITH MYASIANCLASS AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK
RELIEF FROM MYASIANCLASS (NO CLASS ARBITRATIONS, CLASS ACTIONS OR
REPRESENTATIVE ACTIONS OR ARBITRATIONS).
A. Binding Arbitration. Except for any disputes, claims, suits, actions,
causes of action, demands or proceedings (collectively, “Disputes”) arising out
of or related to a violation of Section 7 or Disputes in which either party
seeks to bring an individual action in small claims court or seeks injunctive
or other equitable relief for the alleged unlawful use of intellectual
property, including, without limitation, copyrights, trademarks, trade names,
logos, trade secrets or patents, you and MyAsianClass agree (1) to waive your
and MyAsianClass’s respective rights to have any and all Disputes arising from
or related to these Terms, the MyAsianClass Service or the Materials, resolved
in a court, and (2) to waive your and MyAsianClass’s respective rights to a
jury trial. Instead, you and MyAsianClass agree to arbitrate Disputes through
binding arbitration (which is the referral of a Dispute to one or more persons
charged with reviewing the Dispute and making a final and binding determination
to resolve it instead of having the Dispute decided by a judge or jury in
court).
B. No Class Arbitrations, Class Actions or
Representative Actions. You
and MyAsianClass agree that any Dispute arising out of or related to these
Terms, the MyAsianClass Service or the Materials is personal to you and MyAsianClass
and that such 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 MyAsianClass agree that there will be no
class arbitration or arbitration in which an individual attempts to resolve a
Dispute as a representative of another individual or group of individuals.
Further, you and MyAsianClass agree that a Dispute cannot be brought as a class
or other type of representative action, whether within or outside of
arbitration, or on behalf of any other individual or group of individuals. The
limitations imposed by this Section 20(B) shall apply to, but are in no way
limited to, class action refund claims brought by a class of taxpayers against MyAsianClass
related to taxes collected and remitted in good faith efforts at compliance
with state and local marketplace facilitator or marketplace provider laws.
Nothing in this Section 20(B) shall be construed to prohibit a buyer from
filing a refund claim with the seller or applicable state and local tax
authority as permitted by law.
C. Federal Arbitration Act. You and MyAsianClass agree that these Terms
affect interstate commerce and that the enforceability of this Section 20 shall
be both substantively and procedurally governed by and construed and enforced
in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the
“FAA”), to the maximum extent permitted by applicable law.
D. Process. Except
for Disputes arising out of or related to a violation of Section 7 or Disputes
in which either party seeks to bring an individual action in small claims court
or seeks injunctive or other equitable relief for the alleged unlawful use of
intellectual property, including without limitation, copyrights, trademarks,
trade names, logos, trade secrets or patents, you and MyAsianClass agree that
any Dispute must be commenced or filed by you or MyAsianClass within one (1)
year of the date the Dispute arose, otherwise the underlying claim is
permanently barred (which means that you and MyAsianClass will no longer have
the right to assert such claim regarding the Dispute). You and MyAsianClass
agree that (1) any arbitration will occur in King County, Washington, (2)
arbitration will be conducted confidentially by a single arbitrator in
accordance with the rules of the Judicial Arbitration and mediation Services
(“JAMS”), which are hereby incorporated by reference, and (3) that the state or
federal courts of the State of Washington and the United States, respectively,
sitting in King County, Washington have exclusive jurisdiction over any appeals
and the enforcement of an arbitration award. You may also litigate a Dispute in
the small claims court located in the county of your billing address if the
Dispute meets the requirements to be heard in small claims court.
E. Authority of the Arbitrator. As limited by the FAA, these Terms and the
applicable JAMS rules, the arbitrator will have (1) the exclusive authority and
jurisdiction to make all procedural and substantive decisions regarding a
Dispute, including the determination of whether a Dispute is arbitrable, and
(2) the authority 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.
F. Rules of JAMS. The rules of JAMS and additional information
about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either
(1) acknowledge and agree that you have read and understand the rules of JAMS,
or (2) 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.
G. Severability. If
any term, clause or provision of this Section 20 is held invalid or
unenforceable, it will be so held to the minimum extent required by law, and
all other terms, clauses and provisions of this Section 20 will remain valid
and enforceable. Further, the waivers set forth in Section 20(B) are severable
from the other provisions of these Terms and will remain valid and enforceable,
except as prohibited by applicable law.
21.
Governing Law; Venue.
These Terms, your access to and use of the MyAsianClass
Service and Materials shall be governed by and construed and enforced in
accordance with the laws of the State of Washington without regard to conflict
of law rules or principles (whether of the State 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, shall be resolved in the
state or federal courts of the State of Washington and the United States,
respectively, sitting in King County, Washington.
22.
Miscellaneous
A. Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and
supersede all prior and contemporaneous understandings between the parties
regarding the MyAsianClass Service. These Terms do not alter the terms or
conditions of any other electronic or written agreement you may have with MyAsianClass
for the MyAsianClass Service or for any other MyAsianClass product, feature,
service or otherwise. In the event of any conflict between these Terms and any
other agreement you may have with MyAsianClass, the terms of that other
agreement will control only if these Terms are specifically identified and
declared to be overridden by such other agreement.
B. Amendments. We
reserve the right to make changes or modifications to these Terms from time to
time, in our sole discretion. If we make changes to these Terms, we will
provide you with notice of such changes, such as by sending you an email and/or
by posting the amended Terms via the MyAsianClass Service and updating the
“Last Updated” date at the top of these Terms. All amended Terms will become
effective immediately on the date they are posted to the MyAsianClass Service
unless we state otherwise via our notice of such amended Terms. Any amended
Terms will apply prospectively to use of the MyAsianClass Service after such
changes become effective. Your continued use of the MyAsianClass Service
following the effective date of such changes will constitute your acceptance of
such changes. If you do not agree to any amended Terms, you must discontinue
using the MyAsianClass Service.
C. Severability. If any provision of these Terms is held to be
unenforceable for any reason, such provision will be reformed only to the
extent necessary to make it enforceable, and such decision will not affect the
enforceability of such provision under other circumstances, or of the remaining
provisions hereof under all circumstances.
D. Waiver. Our
failure or delay in exercising any right, power or privilege under these Terms
will not operate as a waiver thereof.
E. Relationship. MyAsianClass is an independent contractor for
all purposes, and is not your agent or trustee. You are not an agent of MyAsianClass.
F. Assignment. You
may not assign or transfer any of your rights or obligations under these Terms
without prior written consent from MyAsianClass, including by operation of law
or in connection with any change of control. MyAsianClass may assign or
transfer any or all of its rights under these Terms, in whole or in part,
without obtaining your consent or approval.
G. Headings. Headings
of sections are for convenience only and will not be used to limit or construe
such sections.
H. Survival. Sections
16 (Disclaimer of Warranties), 18 (Limitation of Liability), 19 (Indemnity), 20
(Arbitration), 21 (Governing Law; Venue), this Section 22 (Miscellaneous), and
any other term that, by its nature, should survive, will survive any
termination or expiration of these Terms.
© 2020 MyAsianClass,
Inc.