AriaDirect Terms of Use

Last Updated: Sep 04, 2019

Welcome to AriaDirect! This User Agreement ("Agreement") is between you and AriaDirect Corporation ("Company") for the use of AriaDirect (the "Service"). By accessing or using the Service, you signify that you have read, understood, and agreed to be bound by this Terms of Use Agreement ("Agreement") and to the collection and use of your information as set forth in the Company Privacy Policy at www.ariadirect.com/privacy-policy, whether or not you are a registered user of our Service. The Company reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service ("Users").

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOUR USE OF THE SERVICE

AND/OR REGISTRATION AND VERIFICATION OF YOUR ACCOUNT, FOR USE OF THE SERVICES, CONSTITUTES YOUR ONGOING

ACCEPTANCE OF THIS. YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS. IF YOU

CANNOT ACCEPT THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL

ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL

BASIS TO RESOLVE DISPUTES. YOUR FAILURE TO ABIDE BY THIS AGREEMENT OR ANY OTHER TERMS OR CONDITIONS POSTED ANYWHERE WITHIN THE SERVICE MAY RESULT IN SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE WITHOUT NOTICE, IN ADDITION TO ARIADIRECT'S OTHER REMEDIES.

1. SERVICE.

AriaDirect is a travel itinerary and visa application service available from the Company. The Service provides Users with the ability to apply for visas and organize and store information related to their trips in one location. Users can also receive updates and services related to their trips. The Company has no obligation to provide support, maintenance, upgrades, modifications or new releases to the Service under this Agreement.

1.1 USE OF SERVICE. The Company grants you a limited right to use the Service for your personal, noncommercial use only. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Except as expressly authorized by the Company in writing or otherwise, you may not do, nor attempt to do, any of the following with respect to the Service: (a) access the Service in a certain way or through an interface not provided or authorized by AriaDirect, including, but not limited to, any automated means (e.g., scripts or bots); (b) reproduce, duplicate, copy, sell, trade, resell or exploit the Service; and (c) republish or syndicate the information available on the Service (including, but not limited to, information made accessible to non-paying users via any portion of the Service provided on a paid subscription basis).

1.2 USER CONDUCT. You agree not to use the Service to upload, post, transmit, share, store or otherwise make available of any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful or racially, ethnically or otherwise objectionable. You further agree not to upload, post, transmit, share or otherwise make available of any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

1.3 USER INFORMATION. You are solely responsible for up-to-date contact information to receive information from the Service. The Company will not be liable for information sent to a device that is associated with your outdated mobile phone number or email address. If you install any software or enable any service that stores information from the Service on any mobile device or computer, it is your responsibility, prior to a transfer to such device, to remove your information or disable access to such software or service, in order to prevent unauthorized access to your information or account. The Company reserves the right to provide you with information relating to your trip and/or use of the Service, including emergency matters and messages from our suppliers regarding their respective services.

i. You are solely responsible for any activity and content (including, but not limited to, data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links to third-party content) that is displayed, published, uploaded or posted through your user account (collectively, "User Content"). If you have a reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your access information or computer or mobile device used to access the Service), then you are responsible for changing the affected access information.

ii. You acknowledge that the Company has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to or from this Service, including, but not limited to, your authentication via a third party social networking site, such as Facebook, Google + or LinkedIn, and your use of such sites via the Service. Your linking to any other service or site is at your own risk. By linking this Service to another service or site, you expressly agree to the disclosure of User Content permitted by or required to support such linking.

iii. In order for you to access travel itinerary and related data, you authorize the Company to obtain such data on your behalf and you represent that you have the right to control and access the data that you request and access through the Service.

2. ACCOUNT.

2.1 REGISTRATION INFORMATION. The Company may require that you register and/or set up an account to use all or a portion of the Service. In order to do so, you may be provided, or required to choose, a password, user ID, and/or other registration information, such as credit card information for elective services made available on a paid subscription basis (collectively, the "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, then you must immediately update it by editing your customer profile on the Service. With our own discretion, we may refuse to grant you a username that impersonates someone else (which is protected by a trademark or other proprietary rights) or is offensive. If you set up an account on the Service, you are responsible for maintaining the confidentiality of your Registration Information, and for any failure to do so, you may not grant a sublicense, transfer, sell or assign your Registration Information and/or this Agreement to any third party without the Company's written approval. Any attempt to do so will be nulled and voided, and shall be considered a material breach of this Agreement. For additional information regarding use of personal information you supply or communicate to the Service, please see our Privacy Policy at www.ariadirect.com/privacy-policy .

2.2 SECURITY. If you have a reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Registration Information or computer or mobile device used to access the Service), you must promptly change the affected Registration Information and notify the Company via email at support@ariadirect.com.

3. INTELLECTUAL PROPERTY.

3.1 USE OF MATERIAL. The Service contains material that is protected by a state, national and international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute any material by any means, including code and software, from the Service. You may download provided material from the Service and use the Service for your personal, non-commercial use only; you must keep all copyright and other proprietary notices intact.

3.2 OWNERSHIP + CONTROL. The Company retains all rights and ownership to a copyright, trademark, trade secret, and any other intellectual property rights in the Service and any derivative works thereof. All content of the Service (except for User Content as defined below), including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files. Their selection, arrangement, and "look and feel" (the "Service Content") are the proprietary property of the Company or its licensors with all rights reserved. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form, in whole or in part, without the Vendor's prior written permission. You do not acquire any rights in the Service or the Service Content, other than those rights expressly granted under this Agreement. The content, organization, graphics, text, images, video, design, compilation, advertising, and all other materials on the Service, including, but not limited to, the "look and feel" of this website, are protected under applicable copyrights and other proprietary rights (including, but not limited to, intellectual property rights) and are the property of the Company or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any other part of the website, including, but not limited to, the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.

3.3 COMPLIANCE WITH LAWS + AGREEMENT. You agree to use the Service only for purposes that are permitted by any applicable law, rules or regulations, and as permitted by this Agreement.

3.4 INTERFERENCE. You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service. Other than connecting to the Company's servers by http requests using a Web browser, you may not attempt to gain access to the Company's servers by any means, including, but not limited to, using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

3.5 LINKING TO THIRD-PARTY SITES. The Service may contain links to third-party materials that are not owned or controlled by the Company. The Company does not endorse or assume any responsibility for any such third-party sites, including information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk and you understand that this Agreement and the Company's Privacy Policy do not apply to your use of such sites. You expressly relieve the Company from any and all liability arising from your use of any third-party website, service, or content, including, but not limited to, the User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

3.6 EXPORT CONTROL. You agree not to export or re-export any Company products and/or services except in compliance with the export control laws of any relevant jurisdictions.

4. USER CONTENT.

4.1 USER RESPONSIBILITY. You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, and other content that you upload, publish or display (hereinafter, "post") on or through the Service, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit or share User Content on the Service that you did not create or do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Service and may delete or remove (without notice) any site content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this User Agreement, or which might be offensive, illegal or might violate the rights, harm, or threaten the safety of users or others. You are responsible at your own cost and expense for creating backup copies and replacing any User Content you post or store on the Service or provide to the Company.

4.2 CONTENT LICENSE. When you post User Content to the Service, you authorize and direct us to use and disclose the User Content as necessary to provide the Service and to make such copies thereof as we deem necessary in order to facilitate the transmission, posting, and storage of the User Content on the Service. By posting User Content to any part of the Service, you automatically grant and you represent and warrant that you have the right to grant AriaDirect and all other users an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part), and distribute, such as User Content for any purpose, commercial, advertising or otherwise on or in connection with the Service or the promotion thereof, and to prepare derivative works or incorporate into other works, such as the User Content. You may remove your User Content from the Service at any time, but you acknowledge that AriaDirect may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in full effect.

4.3 OWNERSHIP. We do not assert any ownership over your User Content; rather, as between you and us, subjected to the rights granted to us in this User Agreement and the terms of Section 5 (iv), you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted, transmitted or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

4.4 FEEDBACK. If you provide the Company with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports or any similar or related information ("Feedback"), you agree that (a) any and all rights, title, and interest to such Feedback shall become the exclusive property of the Company; (b) the Company shall be able to use and share such Feedback without your consent, only if AriaDirect does not use your first and last name; (c) if you give prior consent, the Company shall be able to use and share such Feedback, while including your first and last name; (d) the Company owes you no obligation or compensation whatsoever regarding the Feedback; and (e) the Company may already have contemplated or be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding the Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to the Company.

5. FEES.

5.1 PAYMENT. The basic Service is provided to you at no additional charge from the Company. If you subscribe to any additional Services in addition to the basic travel booking Service, such as obtaining a visa, you agree to pay any and all applicable fees incurred in connection with your account at the rates in effect when the charges were incurred. You agree to pay any applicable taxes, and reimburse the Company for any collection costs and interest for any overdue amounts.

5.2 THIRD PARTY CHARGES. You are solely responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party, including without limitation charges incurred to receive SMS messages or other mobile access, which may be billed to you or deducted from your prepaid balance by your mobile provider. You agree that the Company is not liable in any way for any third party charges. Company reserves the right to offer these Service and other services (Optional Service(s)) for a subscription or other fee. Any use of Optional Services will be governed by these terms and any additional terms specific to the applicable Optional Service(s) used by you.

5.3 REFUNDS. Unless we state in writing otherwise, all fees and charges are nonrefundable.

6. INDEMNITY.

You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including, but not limited to, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including, but not limited to, any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account, including, but not limited to, misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Service with your unique username, password or other appropriate security code.

7. WARRANTY.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER

EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU

FROM THE COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT

LIMITING THE FOREGOING, THE COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE

CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL

BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURED; THAT ANY DEFECTS OR ERRORS WILL BE

CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR

OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE

ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY'S SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THE THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

THE FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF

CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC

LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

8. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AGENTS,

DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,

CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,

DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE.

UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE

WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF

OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION

OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED

TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE

AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF

ANY THIRD PARTY. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,

STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE

JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE

LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is controlled and operated from facilities in the United States. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including, but not limited to, export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies or other entities located in the United States.

9. DISPUTE RESOLUTION.

If a dispute arises between you and the Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and the Company agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (each, a "Claim") in accordance with one of the subsections below or as the Company and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.

9.1 GOVERNING LAW. This Agreement will be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against the Company must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.

9.2 ARBITRATION. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND

LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY. For any dispute with the Company, you agree to first contact us at support@ariadirect.com and attempt to resolve the dispute with us informally. In the unlikely event that the Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures, then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara, California, unless you and the Company agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for noncommercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing the Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation or violation of our data security, Intellectual Property Rights or other proprietary rights.

10. COPYRIGHT.

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting any materials on the Company website/app or service that violate another party's intellectual property rights. If you believe that any material on the Service infringes upon any copyright which you own or control, in accordance with the Digital Millennium Copyright Act, you may send a written notification of such infringement to us at:

AriaDirect Corporation.

Attn: AriaDirect - DMCA Complaints

6203 San Ignacio Ave Suite 110

San Jose, CA 95129

Email: support@ariadirect.com

11. GENERAL.

11.1. ASSIGNMENT. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be nulled and voided.

11.2. CHANGES TO AGREEMENT. The Company may provide notifications to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by the Company in our sole discretion. The Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. The Company may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the 'last modified' date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

11.3. TERMINATION OR SUSPENSION. The Company has the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any reason, without notice.

11.4. ENTIRE AGREEMENT / SEVERABILITY. This Agreement, together with any amendments and any additional agreements you may enter into with the Company in connection with the Service, shall constitute the entire agreement between you and the Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

11.5. NO WAIVER. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

11.6. CONTACT . Please contact us at support@ariadirect.com with any questions regarding this Agreement.