Terms of Service
1. Acceptance of Terms.
ASUS Computer International (“ASUS”) owns and operates certain websites that implement reward programs and other loyalty programs (collectively, Program), each of which is accessed from a website that is affiliated with ASUS who is the focus of that Program. Each Program, together with the content, incentives and rewards, information sharing and other services available at that Program, are collectively referred to herein as the Service.
The following are the current terms and conditions for use of this Program and Service. Except certain aspects of the Service that may be available to Public Users, the Service is provided only to users who become Members (as such terms are defined below). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (Terms of Service). The Terms of Service shall be deemed to include all other operating rules, policies and procedures that are referred to herein or that may otherwise be published at the Program by ASUS from time to time (collectively, Policies), including without limitation, Policies that may be published in respect of:
The Terms of Service are in addition to (not in lieu of) any other agreement (whether in writing or clickwrap) that you have entered into with ASUS (now or in the future) regarding any Service (Other Agreements). If there is any conflict between the Terms of Service and those of any Other Agreement, the terms of the Other Agreement shall control.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICE. COMPLETING THE REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE PROGRAM OR SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT MODIFICATION.
ASUS reserves the right, at its sole discretion, to modify or replace the Terms of Service (including any Policy), in whole or in part, at any time. ASUS will use reasonable efforts to notify Users of any material change at least 30 days in advance of the effective date of any change. Change notices may be communicated by postings in the Program or, in the case of Members, electronic mail. In any case, Users should periodically check the Terms of Service for changes. Continued use of the Service following such notice of any change to the Terms of Service constitutes User’s acceptance of those changes. The Terms of Service may not otherwise be amended, except by a written agreement executed by User and ASUS.
ASUS may terminate the Service, in whole or in part, at any time.
You must be at least 13 years of age to visit the Program and use the Service. If you do not so qualify, you are prohibited from accessing, using and registering for the Service. ASUS will not collect personally identifiable information from any person that is actually known to us to be a child under the age of 13.
The term Users includes all registered and unregistered users that access or use the Program or Service. Each User that properly completes the registration process shall be considered a Member for the purposes of the Terms of Service. Users that do not complete the registration process, or whose registration is not accepted, shall be considered Public Users. Public Users have limited access to the Service, if at all. ASUS may refuse to offer or continue offering the Service to any person or entity and may change its eligibility criteria from time to time.
To become a Member, each User must complete the registration process by providing ASUS with current, complete and accurate information, as more specifically required by the then current registration procedures. By way of illustration and not limitation: prospective Members may be required to provide their name and zip code (or outside the US, city and country), username, password, legitimate electronic mail address and certain additional information (such as, for example, preferred contact method and products and services of interest); in order to obtain certain aspects of the Service, Members may also elect to provide access information related to their accounts at social networking sites (such as, for example, Twitter, Facebook, FourSquare and Instagram); and in order to obtain certain Services applicable to the Rewards Program (as further described below), Members may be required to provide mobile telephone account information. Members shall maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate. Users may apply for registration at http://www.rogarena.com/rewards/. ASUS may refuse to accept any User’s application to register as a Member, in its sole discretion.
Upon acceptance, ASUS will provide access credentials to the Member. Each Member is solely responsible for maintaining the confidentiality of its access credentials and other account information, and will be solely liable for any and all activities under its account. Member shall be responsible for keeping all account information up-to-date. Member agrees to notify ASUS immediately of any unauthorized use of Member’s account or any other breach of security.
At this time, a User must register to become a Member of each Program separately.
6. Rewards Program.
The Service may include one or more programs (the Rewards Program) where Members can accumulate and redeem loyalty rewards Credits (or Points), on an individual basis and solely for their own account. The Rewards Program may be structured to offer certain benefits based on the Member’s current balance of “redeemable” Points (that is, Points that have not previously been redeemed) or “lifetime” Points (that is, all prior Points accumulated by Member, whether previously redeemed or not).
From time to time, ASUS may establish (at its sole discretion) loyalty criteria pursuant to which Member’s may “earn” Points (such as, for example: by registering for this Service; by sharing User Content at the Program; by engaging in certain specified activities like visiting or watching videos; by engaging in certain specified activities related to social networks).
Once you register for the Program, if you do not take an action to earn points within your ASUS Rewards account within twelve (12) months of your membership, ASUS shall expire your accrued but unused Redeemable Points on or after the last day of your last activity. ASUS may, at its discretion, send you periodic notifications to remind you that your Redeemable points will expire upon the 12th month of inactivity. However, it is your responsibility to monitor your Program account and points status. Please note that earning points for monthly Twitter or Instagram followership will not deem you as active.
From time to time, ASUS may offer benefits or privileges to Members in exchange for redemption of a specified number of Member’s Credits. The nature of those benefits or privileges, and the number of Points required to obtain such benefits or privileges, shall be established by ASUS and are subject to change.
Member acknowledges and agrees that:
- Points have no “real world” or cash value.
- Points have no purpose or use except in exchange for benefits or privileges (if any) offered by ASUS via the Service.
- Redemption offers may be time-limited or available only in limited quantities.
- Points may only be used at the Program to which they apply and, therefore, cannot be redeemed at or transferred to Member’s account at any other Program.
- Member’s Points cannot be redeemed by, or sold or otherwise transferred to, any other Member of this Program.
- Upon termination of Member’s registration for any reason, all Points are lost to the extent permitted by law, regardless of how they were acquired by Member.
- ASUS’s ability to accurately credit Points to Member’s account based on Member’s activities at social networking sites may be restricted by the terms, conditions or functions of such sites.
- Points are not valid unless earned in strict compliance with the requirements as established and intended by ASUS, and Member shall not attempt to earn Points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.
- ASUS’s good faith determination of the amount of Points available to any Member hereunder shall be final and binding.
Except as expressly provided otherwise in the Terms of Service, ASUS and each Member or other User is solely responsible for all of its costs and expenses related to the Service.
ASUS determines whether (and how much) Users will be charged to access the Program and use the Service. In the case of any Program and Service that are initially made available without charge, ASUS may later decide to charge for accessing or using some or all of the features of the Program and Service. In the case of any Program or Service where a subscription or other fee is charged, ASUS may later decide to change the price of that fee. Users will be notified of fee changes in accordance with Section 2. User hereby agrees to pay all applicable fees for Program and Services that are identified as fee-bearing, in the amounts, at the times and subject to the other payment terms specified by ASUS .
The Program may include may include discussion forums or other features, where Members may upload, display or transmit user generated content and other information of interest to those Members (including without limitation, User Content).
Because ASUS does not review the substance of Member postings on the Program or other communications via the Service, every Member must be careful in dealing with other Members to avoid fraud. Member acknowledges that information provided by other Members may, despite the prohibitions set forth in the Terms of Service, be harmful, inaccurate or deceptive. Authentication of the true identity of Internet users is difficult, and so ASUS cannot and does not confirm that each Member is the person who they claim to be.
ASUS is not involved in Member-to-Member dealings and, therefore, each Member agrees, in connection with any use of the Service: (a) to release and hold harmless ASUS and their respective parents, affiliates, subsidiaries, employees, contractors, officers, directors, members, partners and representatives from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with use of the Service (including any disputes with other Members using the Service); and (b) to attempt to settle any disputes directly with such other Member or other third party.
9. User Rules and Conduct.
The Service is provided to Users only for their personal, noncommercial use. Any unauthorized use of the Service (including without limitation, accessing the Rewards Program or other aspect of the Service for which the User is not authorized, or any commercial use not expressly permitted in the Terms of Service, such as, for example, reselling any content or information to third parties) is expressly prohibited. Each Member is solely responsible for all acts or omissions that occur under its account, username or password, including User Content posted to or transmitted via the Service.
As a condition of use, each User hereby promises that it will not use the Service for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by the Terms of Service or any Other Agreement, or any other purpose not reasonably intended by ASUS. User agrees to abide by all applicable local, state, national and international laws, regulations and rules. Without limiting the foregoing, Members shall not use the Service for the purpose of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information.
By way of example, and not limitation, each User agrees not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, discussion forum, directory, survey, feedback or other service available on or through the Service, in any manner, that:
- is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, profane or which otherwise violates the Terms of Service or any Other Agreement;
- infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;
- reveals any personal information about another individual, including another person’s name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), chain letters or any form of lottery or gambling;
- imposes an unreasonable or disproportionately large load on ASUS’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of ASUS or any third party;
- creates Member accounts by any automated means or under false or misleading pretenses;
- harvests, scrapes or collects any information from the Program;
- uses a product serial number for product purchase verification that is not of a product they currently possess for personal use;
- disguises the source of User Content posted by User; or
- impersonates any person or entity, including any employee or representative of ASUS, or other Program Affiliate.
Member agrees that Points are not valid unless earned strictly in compliance with the requirements as established and intended by ASUS, and Member shall not attempt to earn Points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. Members shall perform all of their obligations in respect of any Rewards Program transaction entered into in connection with using the Service.
ASUS may, at its sole discretion, immediately suspend or terminate any User’s access to the Service should their conduct fail (or appear to fail) to strictly conform to any provision of this section.
ASUS has no obligation to monitor the Service or any User’s use thereof. However, ASUS reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement).
ASUS has no obligation to pre-screen, authenticate, validate, monitor, moderate or edit any User Content. However, ASUS and its agents have the right, at their sole discretion, to remove at any time any User Content that, in ASUS’s judgment, does not comply with the Terms of Service or any Other Agreement or otherwise appears harmful, objectionable or inaccurate. ASUS is not responsible for any failure or delay in removing any such content.
User shall not post any confidential content or other proprietary information that it desires to or is under obligation to keep secret.
11. Third Party Sites.
The Service may permit Users to access the Program from and to link from the Program to other websites on the Internet, including without limitation, the website affiliated with ASUS and their partners. These other websites are not under ASUS’s control, and User acknowledges and agrees that ASUS is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by ASUS or any association with its operators. Additional or different terms and conditions may apply when Users are accessing and using such other websites.
12. Participation in Promotions of Affiliates.
Any dealings by Users with advertisers, vendors and other third parties (collectively, Program Affiliates) via the Service, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between the User and Program Affiliate or other third party. ASUS is not responsible or liable for any part of any such dealings or promotions.
13. Proprietary Rights.
User acknowledges and agrees that the Program, Service and all content and materials created by or for ASUS and made available on the Program are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and ASUS (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by ASUS, each User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Program, Service or such content and materials. However, unless the Service otherwise restricts the Member from doing so, Member may print or download a reasonable number of copies of the materials or content from the Program for the Member’s personal, noncommercial purposes; provided, that Member retains all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from the Program by any User to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without ASUS’s express prior written permission.
If User desires to make any use of any Program content for any purpose other than personal, noncommercial reference, then User shall first secure permission from the owner of that content.
Reproducing, copying or distributing any content, materials or design elements from the Program for any other purpose is strictly prohibited without ASUS’s express prior written permission. Attempting to access or use the Program, Service, content or materials for any purpose not expressly permitted in the Terms of Service is prohibited.
14. License to ASUS.
By uploading, posting, submitting or otherwise distributing User Content of any kind to the Program, each User hereby:
- grants and agrees to grant to ASUS and its affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, non-exclusive, royalty-free right and license (with right to sublicense) to use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of the User Content, in any form, solely for the purposes of offering, providing, marketing and promoting the Program and Service (including without limitation, being exported under content sharing arrangements with other websites); and
- represents and warrants that all User Content includes appropriate attribution to the copyright owner; and
- represents and warrants to ASUS that User owns or otherwise controls all rights to such User Content and that public disclosure and use of the User Content by ASUS (including without limitation, publishing content at the Program) will not infringe or violate the rights of any third party; and
- acknowledges and agrees that the User Content is intended to and will be made available to, and used by ASUS and other Users.
User agrees that he or she will not contribute any User Content unless User has all of the rights (including rights from the copyright owner) necessary to grant ASUS the use license, and to satisfy all of the warranty requirements, described above.
Notwithstanding the foregoing, the Service may provide each User with the ability to remove some or all of the User Content posted to the Program by such User. Following any such removal, ASUS will use commercially reasonable efforts to discontinue any further display, performance and distribution of such User Content by ASUS at the Program; provided, however, User acknowledges and agrees that ASUS may continue using such User Content in the same manner and for the same purposes as it did prior to removal of such content (such as, for example, content used in any advertising created prior to removal) and that ASUS shall have no responsibility or liability in respect of any content that has been exported by ASUS or shared with other Users via the Service or that has been downloaded or copied by Users to other websites, systems and devices.
ASUS may terminate any User’s access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If Member wishes to terminate its registration and account, Member may do so at any time by sending an email to firstname.lastname@example.org that includes Member’s electronic mail address and specifies which account the termination applies.
Upon any termination, all rights and obligations of the parties shall cease and User shall immediately cease using the Service, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of the Terms of Service shall survive and (b) the provisions of Sections 12 – 23 shall survive. After termination, ASUS has no obligation to maintain any content in Member’s account (including without limitation, records regarding Member’s Credits, which will be irrevocably forfeited) or to forward any unread or unsent messages to Member or any other User or third party.
16. Disclaimer of All Warranties.
THE PROGRAM AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE PROGRAM AND SERVICE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ASUS AND THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USER’S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK.
17. Limitation of Liability.
User agrees that neither ASUS shall not be responsible or liable for any unauthorized access to, alteration or use of User’s account, transmissions or data, any material or data sent or received or not sent or received through the Service. User agrees that neither ASUS is responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another’s rights, including intellectual property rights.
IN NO EVENT SHALL ASUS OR ANY OF THEIR RESPECTIVE AFFILIATES, CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE PROGRAM OR SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO ASUS BY USER (AND RETAINED BY ASUS HEREUNDER DURING THE PREVIOUS 12-MONTH PERIOD) OR US$50.00, WHICHEVER IS GREATER, EVEN IF ASUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
User agrees to (a) defend ASUS and their respective employees, contractors, officers, directors, members, partners and representatives against any action or suit by a third party that arises out of any transaction with other Program Affiliate or other Member in which User is involved, User’s use or misuse of the Service, or User’s breach of any of its representations, warranties or covenants under the Terms of Service and (b) indemnify ASUS for any settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim. ASUS as applicable, reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with ASUS in asserting any available defenses.
19. International Use.
ASUS makes no representation that the Service is appropriate or legally available for use in locations outside the United States and Canada (excluding Quebec), and accessing and using the Service is prohibited from territories where doing so would be illegal. Users that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. User and ASUS agree that any claim or cause of action arising out of or related to the Service must commence within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. In the event of any conflict between US and foreign laws, rules and regulations, US laws, rules and regulations shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms of Service. User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Service or use of the Program or Service shall be filed only in the state or federal courts located in New York, New York, USA, and User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.
NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 20 THAT AFFECTS USER’S RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND ASUS AND THEIR RESPECTIVE PARENTS, AFFILIATES AND SUBSIDIARIES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN SECTION 20.
BINDING INDIVIDUAL ARBITRATION
Purpose. The term “Dispute” means any dispute, claim, or controversy between you and ASUS or Partner Affiliate regarding the use of the Service, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 20 (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with ASUS or Partner Affiliate or any of their officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below. Other than those matters listed in the Exclusions from Arbitration clause, you and the party that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 20, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND THE ENTITY AGREE THAT ANY CLAIM FILED BY YOU OR BY ASUS OR PARTNER AFFILIATE IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 20.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS.
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 20, YOU MUST NOTIFY ASUS IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO _______________, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ASUS FIRST PARTY SERVICES ONLINE ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY ASUS OR PARTNER AFFILIATE THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY ASUS OR PARTNER AFFILIATE YOU MUST SEND WRITTEN NOTICE TO ___________________,TO GIVE ASUS THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If ASUS or Partner Affiliate you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or ASUS or Partner Affiliate you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this Section 20.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND ASUS or Partner Affiliate WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or ASUS or Partner Affiliate you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section 20 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by ASUS or Partner Affiliate with which you have a Dispute with concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with ASUS or Partner Affiliate you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to ASUS or Partner Affiliate you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or ASUS or Partner Affiliate you have a Dispute with may initiate arbitration in the State of _________, or the United States county in which you reside. In the event that you select the county of your United States residence, ASUS or Partner Affiliate you have a Dispute with may transfer the arbitration to the state of ________ in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
21. Integration and Severability.
The Terms of Service (including the Policies, and together with any Other Agreements) are the entire agreement between User and ASUS with respect to the Service and use of the Program, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and ASUS with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
22. General Provisions.
User’s rights and obligations under the Terms of Service are personal to User, and are not assignable, transferable or subject to sublicense by User except with ASUS’s prior written consent. ASUS may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
23. Copyright and Trademark Notices.
The Terms of Service and all content provided by ASUS are copyright © December 1, 2017 ASUS Computer International and/or its licensors or suppliers.
ASUS is the trademark of ASUS. The names and logos used in connection with the Program are the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
ASUS Computer International
800 Corporate Way
Fremont, CA 94587
Attn: Customer Support