TERMS AND CONDITIONS OF USE
AAI FINANCIAL GROUP, LLC
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 5 TO RESOLVE ANY DISPUTES WITH AAI FINANCIAL GROUP, LLC (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
AAI FINANCIAL GROUP, LLC SERVICE
Proprietary Information. All content of our website and services is the copyrighted material of AAI Financial Group, LLC, or the appropriate contributor, as applicable, and is protected by United States and international copyright, trademark and other applicable laws. The website and service include content, appearances and design, as well as trademarks, product names, graphics, logos, slogans, colors and designs that are the property of AAI Financial Group, LLC, or other third parties, as applicable. Except as set forth in the relevant license agreements, nothing contained in our website or services grants any license or other right to any AAI Financial Group, LLC’s intellectual property or any third party’s intellectual property. The appropriate party reserves complete title and interest to its intellectual property on or associated with the website and/or services. You may not copy (other than a copy for personal use, provided you do not remove any trademark, copyright or any other notice contained in the content), modify, distribute, alter, display, reproduce, transfer or republish any of the data of our website and/or services without obtaining the written permission of the website and/or services, as applicable.
Limited Grant. AAI Financial Group, LLC service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with other individuals. During your AAI Financial Group, LLC membership, you are granted a limited, non-exclusive, non-transferable right to access the service and view AAI Financial Group, LLC content through the service for your own personal use. No right, title, or interest will be transferred to you. You agree not to use the service for personal gain.
DMCA Notice. If you are a holder (or agent thereof) of copyright or other proprietary rights and you believe that any services infringe upon such proprietary rights, you may submit a notice to AAI Financial Group, LLC pursuant to the Digital Millennium Copyright Act by submitting the following information in writing to our copyright agent: (1) The signature (physical or electronic) of the holder (or agent thereof) of a proprietary right that is allegedly infringed; (2) Identification of the work or multiple works alleged to have been infringed; (3) Identification of the material that allegedly infringes or is the subject of infringing activity that is requested to be removed or otherwise modified with information reasonably sufficient to permit AAI Financial Group, LLC to locate the material; (4) Contact information for AAI Financial Group, LLC to contact you, including an address, telephone number and/or e-mail address; (5) Your statement that you have a good faith belief that use of the material in question is not authorized by the holder of the proprietary rights, its agent or otherwise under law; and (6) Your statement that the information in the notice to AAI Financial Group, LLC is accurate and, under penalty of perjury, that you are authorized to act on behalf of the allegedly infringed work. You acknowledge that your failure to comply fully with these requirements may result in an invalid notice under the Digital Millennium Copyright Act.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
AAI FINANCIAL GROUP, LLC SERVICE AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH AAI FINANCIAL GROUP, LLC SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. AAI FINANCIAL GROUP, LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT WILL AAI FINANCIAL GROUP, LLC, ITS EMPLOYEES, OR ANY OF ITS AFFILIATES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE OR WEBSITE DOWNTIME.
Procedure on Dispute. If you elect to seek arbitration or file a small claim court action, you must first send to AAI Financial Group, LLC, by certified mail, a written Notice of your claim (Notice). The Notice to AAI Financial Group, LLC must be addressed to: AAI Financial Group, LLC, 819 S 72nd Ave., Yakima, WA 98908 (Notice Address). If AAI Financial Group, LLC initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by AAI Financial Group, LLC, must: (1) Describe the nature and basis of the claim or dispute; and (2) Set forth the specific relief sought (Demand). If AAI Financial Group, LLC and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or AAI Financial Group, LLC may commence an arbitration proceeding or file a claim in small claims court.
Governing Rules. The arbitration will be governed by the Commercial Arbitration Rules (AAA Rules) of the American Arbitration Association (AAA), as modified by this Agreement, and will be administered by the AAA. Unless AAI Financial Group, LLC and you agree otherwise, any arbitration hearings will take place in Benton County in Washington State, U.S.A. The arbitrator’s award will be final and binding on all parties, except: (1) For judicial review expressly permitted by law; or (2) If the arbitrator’s award includes an award of injunctive relief against a party, in which case that party will have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that will not be bound by the arbitrator’s application or conclusions of law. Arbitration will occur before one (1) arbitrator selected under the AAA rules.
YOU AND AAI FINANCIAL GROUP, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AAI Financial Group, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void.
Unsolicited Materials. AAI Financial Group, LLC does not accept, open, view, or otherwise interact with unsolicited materials or ideas for AAI Financial Group, LLC content and is not responsible for the similarity of any of its content to materials or ideas transmitted to AAI Financial Group, LLC. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against AAI Financial Group, LLC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
Termination. You agree that we may, in our sole discretion, terminate or suspend your access to all or any part of the services with or without notice and for any reason. Any suspected fraudulent, abusive or illegal activity may constitute grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Feedback. AAI Financial Group, LLC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (Feedback), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving AAI Financial Group, LLC service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
Communication Preference. AAI Financial Group, LLC will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, via email to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
AAI Financial Group, LLC
Attn: Matthew Russel
Address: 819 S 72nd Ave., Yakima, WA 98908