Aluminum Athletic Equipment Co. : http://www.myaaeworld.com

Terms & Conditions

TERMS OF USE

This web site is owned, operated and maintained by Aluminum Athletic Equipment Co., a Pennsylvania corporation (“AAE”). The names “AAE”, “myAAEworld” and “myAAEworld.com” are the exclusive property of AAE and refer to AAE and/or this web site. The words “we”, “us” and “our” (when and if they appear in the text below) also refer to AAE. The words “you” and “your” in the text below refer to each user of this web site. The terms of use set forth below are the terms of a legal agreement between you and AAE. When you accept the terms of use, you have entered into a legally binding agreement with AAE. This web site is designed primarily for the use of persons who are interested in organized sports – scholastic, college, club or professional sports – and organizations that are involved with organized sports – like schools, colleges, clubs, leagues architects and contractors. However, anyone is welcome to use this web site as long as the terms of use set forth below are followed.   Acceptance of Terms, Changes of Terms and Enforcement of Terms This web site contains various online resources, some of which are described here. AAE makes those resources available to the users of this web site. The use of this web site and the use of the resources contained on the web site – including browsing, accessing and all other uses - are subject to the terms of use (the “Terms”) set forth here. If you use the web site or any of the resources at any time or in any manner, that will constitute your agreement to accept the Terms and comply with the Terms at all times. By accepting these Terms, you agree that the Terms and the Privacy Policy will apply whenever you use this web site or any of its resources. There may also be posted rules (“Rules”) that relate to particular resources or particular pages on this web site. Whenever you use a particular resource or page, you also agree to accept the Rules that apply to that resource or page and to comply with those Rules at all times. All the Rules are incorporated into and are a part of these Terms. When you use this web site, you are representing to AAE that you have read the Terms, understand them and agree to be legally bound by them. AAE reserves the right, in the exclusive discretion of AAE, to determine all aspects of this web site, including but not limited to its contents, appearance and functions. AAE also reserves the right, in the exclusive discretion of AAE, at any time or times, to change the web site, to discontinue any resources on the web site, to add resources to the web site, to restrict the web site or any resources on the web site to certain categories of users, to change the Terms and to change the Rules for particular resources or pages. Changes in the Terms or the Rules shall be effective immediately after being posted here or on the particular pages where applicable. If you use the web site or any of the resources at any time or in any manner after changes in the Terms or the Rules have been posted, that will constitute your agreement to accept the changes and comply with the Terms and Rules, as changed. In order to be aware of any changes to the Terms or Rules, you must review these Terms on a regular basis and you must also review the Rules applicable to the resources or pages that you use on a regular basis. AAE also reserves the right to strictly enforce the Terms and Rules in any manner that it deems appropriate including but not limited to investigations, civil litigation, criminal prosecution and suspending or terminating the rights of violators to continue to use this web site or its resources. AAE is not obliged to enforce the Terms or the Rules and no user or third party shall have any claim against AAE based upon its failure to enforce the Terms or Rules. If you do not wish to accept the Terms or if you object to anything set forth in the Terms, please immediately discontinue your use of this web site because your continued use constitutes your continued acceptance of the Terms. If you object to anything set forth in the Rules, please immediately discontinue your use of the particular resource or page of this web site to which the objectionable Rule applies because your continued use constitutes your continued acceptance of the Rules. If you object to any change in the Terms or the Rules, or if you become dissatisfied with myAAEworld in any way or for any reason, whether or not it relates to a change, you should immediately discontinue your use of myAAEworld. You are not entitled to any remedy other than discontinuing your use of the web site.   TERMS AND RULES FOR SPECIFIC RESOURCES ON myAAEworld There are specific Terms and Rules that apply to the following resources: The Buzz, The Rivalry, Used Equipment, Classified Ads, Banner Ads and Product Purchases. [INSERT ANCHORS TO THESE SECTIONS LOWER ON THE PAGE] POSTINGS, TRANSMISSIONS, LICENSES, USE AND PROHIBITIONS

There are resources on this web site that are designed to allow users to post information or transmit information to or from this web site for the use of others or to be read by others. A person who posts content to this web site is responsible (i) for the posted content, (ii) for the content’s compliance with the Terms and any applicable Rules and (iii) for all the consequences – foreseen and unforeseen - resulting from the posted content.

Users are prohibited from posting any information or transmitting any information or otherwise accessing or using this web site in any way (i) that violates any law, including but not limited to any statute, regulation, rule, court order or other requirement of the Commonwealth of Pennsylvania or of the federal government of the United States of America or of any jurisdiction where the user is located, that may be applicable to the web site or the user’s conduct or (ii) that is otherwise illegal or could give rise to any criminal penalty. Users are also prohibited from posting any information or transmitting any information (a) that is obscene or pornographic, threatening, defamatory, scandalous, profane, inflammatory, inaccurate, misleading or injurious to third parties, (b) that consists of or contains software viruses, invades the privacy of another or infringes the intellectual property rights of another or (c) that is otherwise objectionable or that could give rise to any civil liability.

AAE does not claim ownership of content that its users post on this web site. However, if you do post content on or submit material to this web site, and unless AAE indicates otherwise, you automatically grant AAE a non-exclusive, royalty-free, perpetual, irrevocable, fully sub-licensable, worldwide license and right (a) to use, copy, reproduce, modify, adapt, re-format, publish, translate, perform, distribute and display that content and to prepare derivative works of, or incorporate that content into other works, and otherwise commercially or non-commercially exploit in any manner and in any media, any and all of the content that you submit to AAE and (b) to grant and authorize sublicenses (through multiple tiers) of the content and rights. You also automatically grant AAE and all sub-licensees the right, but not the obligation, to use the name that you submit in connection with the content. By posting content, you also automatically grant AAE all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of that content on the web site by any party for any purpose. Furthermore, if you do post content, you automatically represent and warrant (i) that you own or otherwise control all of the rights to the content that you post and have the right to grant the licenses and rights described above, (ii) that the content you post is accurate, (iii) that nothing in the content violates the Terms, (iv) that nothing in the content or its use will infringe upon or violate the rights of any third party or cause injury to AAE or to any third party and (v) that you will indemnify AAE for all claims resulting from content you post. AAE has the right but not the obligation to monitor, edit and/or remove any content and cannot be held responsible for any failure to regularly monitor posted content. AAE takes no responsibility and assumes no liability for any content posted by you or any third party. Provided, however, that nothing in the Terms will prevent or impair AAE’s right to use the content and any other materials provided by you, without your consent, to the extent that such use is allowable without a license from you under applicable law.

A user who wishes to post anything on this web site must do the posting herself or himself and may not use a third-party service that posts content for others, whether or not for compensation. Third parties are prohibited from posting content on the web site on behalf of others. AAE will consider waiving the prohibition against third-party posting on a case by case basis and will only do so in writing, after receipt of a written request for a waiver. At the current time, AAE does not charge a fee for the posting of any content on this web site. AAE reserves the right, in its exclusive discretion, at any time and from time to time, to charge a fee to post content in any one or more sections of this web site. If AAE imposes a fee, then any fee paid to AAE shall be non-refundable even if the posted content is removed from the web site due to a violation of the Terms or any applicable Rules. You may not use this web site or its resources to send any form of unsolicited e-mail advertisements, mass mailings or any other form of “spam.” Sending any of those prohibited items to myAAEworld e-mail addresses or through myAAEworld computer systems is expressly prohibited by these Terms and doing so would use or cause to be used myAAEworld servers located in Pennsylvania. Any unauthorized use of myAAEworld computer systems is a violation of these Terms and may also be a violation of certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Violations may subject the sender and her or his agents to civil and criminal penalties.   CONTENT AND RESPONSIBILITY OF CONTENT Certain sections of this web site (such as the AAE Product Catalogue, On-Field Fantasy and myAAEgear) contain content that was created by or on behalf of AAE but other sections of the web site (such as Classified Ads, Used Equipment, The Buzz and The Rivalry) contain content that was created by other persons with no relationship to AAE. This content might include text, images, photographs, audio files, video files, messages, other files, postings, links and other items. This web site also contains links to other web sites. Some of the links may have been inserted by AAE but other links may have been inserted by other persons. Subject to the Terms and any disclaimers or limitations set forth in the Terms, AAE is responsible for the content that it creates and places on the web site. However, AAE is not responsible for any content posted by others on the web site or transmitted through the web site or through its resources by others. All content posted by others and all content transmitted through the web site or its resources by others are the responsibility of the person or persons who posted or transmitted the content. AAE is not responsible for any content linked from or to the web site – whether linked by AAE or by others – because AAE has no control over the content of linked web sites. If you post content to this web site or transmit content (by e-mail message or otherwise) through this web site or if you make any content available to others in any other way through use of this web site or its resources, you alone are responsible for that content and any harm, damages or consequences resulting from that content. AAE does not pre-screen or pre-approve any content that is posted on the web site by others or that is transmitted by others. AAE does not assume any obligation to refuse to accept or to remove or delete any third party content. However, AAE does reserve the right for any reason, in its exclusive discretion, to delay a decision on acceptance, to refuse to accept, to remove or to delete any third party content. If you use this web site or any of its resources, you may be exposed to content that is offensive, indecent, false, inaccurate, misleading or objectionable for some other reason. As the user of this web site, you must perform your own evaluation of any content on the web site. You should not rely on any third party content and you bear the risk associated with the use of any third party content. Except with regard to AAE’s Product Catalogue, if you are uncertain whether any particular content is third party content, you should assume that it is third party content and proceed accordingly. AAE shall not, under any circumstances, be liable for any third party content or for any loss – economic or otherwise, injury to person or property or damage of any nature resulting from the use of or reliance on any third party content posted on, transmitted through or made available by using this web site or its resources.   THIRD PARTY WEB SITES, RESOURCES AND LINKS This web site and the resources and content available through its use may contain links to other web sites or access to other resources that are outside the myAAEworld web site. These links may have been inserted by AAE or by third parties. Any web sites other than myAAEworld and any resources outside the myAAEworld web site are completely independent of myAAEworld and AAE. AAE does not control the content of any other web site. AAE makes no representation or warranty of any kind with respect to any other web sites that may be linked to this web site. If you link to another web site from this web site, you do so at your own risk with regard to the accuracy, reliability, completeness and authenticity of the information contained on that web site and the safety of that web site. AAE is not responsible for anything outside the myAAEworld web site whether or not your access is provided through the myAAEworld web site. You should carefully review the terms of use and privacy policies of any other web sites before using them.   AAE DIRECT TRANSACTIONS AND TERMS OF SALE You may make purchases of AAE products directly from AAE through the use of this web site. All purchases of products directly from AAE are subject to the separate terms and conditions set forth in the Terms and Conditions of Sale [INSERT ANCHOR OR HYPERLINK].

The AAE Sale Terms apply to all direct purchases from AAE by telephone, through this web site, by mail or in any other way, unless you have entered into a separate written contract with AAE, signed by an authorized agent of AAE, that modifies the AAE Sale Terms. AAE does not enter into separate written contracts for purchases made through this web site and all such purchases are subject to the AAE Sale Terms. By placing your order for a direct purchase from AAE through this web site, you expressly agree to and are bound by the AAE Sale Terms as well as the Terms of this web site. Please note that the AAE Sale Terms apply only to direct purchases from AAE and they do not apply to any third party transactions.

AAE reserves the right, in its exclusive discretion, to refuse to engage in any particular transaction.   THIRD PARTY TRANSACTIONS, DISPUTES AND RELEASE OF LIABILITY Some of the resources on this web site are intended to allow users to make purchases directly from AAE while others are intended to allow users to interact with each other in commercial transactions – for example, the Used Equipment section and the Classified Ads section. Except where it is expressly indicated that you are making a purchase directly from AAE, you should assume that you are dealing with a third party. Your involvement in commercial transactions or other interactions with persons or entities you find on or through this web site is done at your own risk. Except where it is expressly indicated that you are making a purchase directly from AAE, your dealings are between you and the other party or parties and AAE is not a party to the transactions and AAE is not in any way approving the other party, endorsing the other party or involved in the transaction. The terms and methods of payment and the prices, terms, conditions, warranties and representations that are involved in any third party transaction are to be determined between you and the other party and AAE has no involvement in those matters. The AAE Sale Terms that apply to direct purchases from AAE do not apply to third party transaction although you and the third party may agree between yourselves to apply similar terms and conditions to a third party transaction. Neither you nor the third party is obliged to agree to the terms that apply to direct purchases from AAE.

In those resources where AAE allows users to interact with each other, AAE intends only to provide a means for a user or third party to negotiate and complete transactions with other third parties – such as sellers and buyers, landlords and tenants, employers and employees, etc. AAE is not involved in the actual transaction between the third parties (such as sellers and buyers, etc.) and is not the agent of any user or third party and has no authority to act for any user or third party for any purpose in a transaction. AAE has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the honesty of any third parties, the ability of parties to buy, sell, lease, etc. or otherwise complete any proposed transaction or that a user or third party will actually complete a transaction.

AAE recommends that you perform an appropriate and adequate due diligence investigation about another party before entering into any transactions with the other party – whether the transactions are to be completed online or in any other manner. If you do become involved in a dispute or disagreement with any other user or with any third party, you must resolve that dispute or disagreement directly with the other user or third party and AAE will not help facilitate the resolution of disputes. Because AAE is not the agent of any user or third party for any purpose, AAE will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. AAE urges parties to the transactions, such as sellers and buyers, to cooperate with each other to resolve disputes but AAE imposes no dispute resolution procedures on the parties and does not mediate or attempt to resolve disputes between users and/or third parties. AAE does not provide for any protection for sellers, buyers or other users or third parties involved in transactions and there are no refund or return policies imposed by AAE. All terms of third party transactions are as agreed by the parties without any involvement by AAE.

At the current time, AAE does not impose any fees for listing or consummating third party transactions but AAE reserves the right to impose such fees at any time in the future, after posting notice of those fees on this web site.

If you do report any inappropriate activities by other users or third parties to AAE, AAE will perform whatever investigation it considers appropriate, in AAE’s exclusive discretion, and AAE may elect, in its exclusive discretion, to exclude the other user or third party from further access to the myAAEworld web site and its resources to the extent reasonably practical.

By using this web site, you expressly agree that AAE shall not be responsible or liable in any way for any loss, damage, expense or injury of any nature arising from any third party transaction described above. If you do become involved in any dispute with other users or third parties, you hereby release and forever discharge AAE and AAE’s subsidiaries, parents, affiliates, shareholders, directors, officers, agents, service providers, suppliers, employees, joint venturers, successors and assigns, (and their and each of their respective subsidiaries, parents, affiliates, shareholders, directors, officers, agents, service providers, suppliers, employees, joint venturers, heirs, personal representatives, successors and assigns), from any and all past, present and future actions, causes of action, claims, damages, demands, debts, suits, judgments and liability whatsoever, in law or equity, including but not limited to damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to those disputes and/or AAE’s actions, omissions or alleged involvement in the third party transactions.

In connection with third party transactions, you will not hold AAE responsible for other users' or third parties’ content, actions, omissions, misrepresentations, items they list or the loss of, damage to or the destruction of any items by users or third parties.

As a seller, landlord, etc., you may list any item in the Classified Ads section and you may list any appropriate item in the Used Equipment section on the web site unless the item is a prohibited item as defined here or otherwise prohibited by law. The following is a non-exclusive list of prohibited items that may not be listed on this web site: (a) an item that infringes any third-party intellectual property rights (including copyright, trademark, patent and trade secrets) or other proprietary rights (including rights of privacy); (b) an item that is defamatory; (c) an item that is unsafe or (d) an item that is counterfeited, illegal, stolen or fraudulent. AAE reserves the right, in its exclusive discretion, to refuse to list or to remove any item, whether or not the item fits the description of prohibited items set forth above. AAE is limited in its ability to monitor all listed items. Therefore, items that fit the “prohibited” category may be listed on the web site. By failing to block the listing of any particular item or by failing to remove any particular item from the listings on this web site, AAE does not in any way, expressly or by implication, make any representation about that item. AAE does not represent that the item is safe or authentic.

 

  • USE OF WEB SITE BY AAE EMPLOYEES FOR THIRD PARTY TRANSACTIONS

An employee of AAE may use this web site and may participate in third party transactions in the employee’s personal capacity but not in the capacity of an AAE employee or representative, without any requirement to disclose her or his employment by AAE, provided, however, that the employee cannot participate in a third party transaction where the employee has confidential information relating to the particular transaction. Whenever an AAE employee participates in a third party transaction in the employee’s personal capacity, the employee is subject to all the Terms and any applicable Rules, the same as any other user of this web site.

 

  • TAXES ON THIRD PARTY TRANSACTIONS

Whenever there is a third party transaction, the party acting as seller, landlord or in a similar transaction capacity, has the responsibility to determine whether any taxes apply to the transaction and to collect and report the proper taxes and timely pay them over to the appropriate taxing authority or authorities. In any particular transaction, if the parties cannot agree who is acting in the capacity of or similar to a seller, all parties to the transaction are equally responsible for tax collection, reporting and timely payment. In no event shall AAE be responsible to determine whether any taxes apply to a third party transaction or to collect, report or pay over any taxes arising from any third party transaction. This section shall apply to any and all taxes, including but not limited to, sales, lease, goods, services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with (i) any advertisement, offer, sale or lease of goods or services by a user of this web site or its resources, (ii) any transaction on or through this web site or arising from or in connection with this web site or its resources, directly or indirectly and (iii) any transaction, action, inaction or omission by a user or any person or entity for whom the user is responsible, that is in any way related to this web site or its resources.

  GRANT OF LICENSES AAE grants a user a limited license to access and use the myAAEworld web site and its resources for the user’s own personal use. The license is non-exclusive and is revocable at the exclusive discretion of AAE. This license does not include: (a) any resale or commercial use of this web site or its contents; (b) any collection, aggregation, copying, duplication, display or derivative use of the web site or its contents or resources; (c) any use of data mining, robots, spiders or similar data gathering and extraction tools for any purpose unless expressly permitted in writing by AAE. Nevertheless, general purpose internet search engines and non-commercial public archives are granted a limited exception to these prohibitions to enable them to use those tools to gather information for the sole purpose of displaying hyperlinks to the myAAEworld web site, provided they comply with any requirements imposed by AAE. A "general purpose internet search engine" does not include a web site or search engine which is in the business of providing classified advertisement listing services. If anyone wishes to collect, aggregate, copy, duplicate, display or make derivative use of the web site or any of its content or resources for commercial purposes, that person must first obtain a license from AAE. No portion of this web site may be modified, reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of AAE. Unauthorized use of the web site or any resources will automatically and immediately terminate the permission or license granted by AAE for that user to use the web site or any of its resources.

AAE also grants a user a limited license to create a hyperlink to the home page of the myAAEworld web site so long as the link does not portray AAE or myAAEworld, AAE’s employees or AAE’s products in a false, misleading, derogatory or otherwise offensive manner. No one may use any AAE or myAAEworld logo or other proprietary graphic or trademark as part of the link without the express written permission of AAE. The license is non-exclusive and is revocable at the exclusive discretion of AAE. AAE also grants a user a limited license to display on the user’s web site, or create a hyperlink on the user’s web site, to individual postings on the myAAEworld web site so long as the use of the hyperlink is for non-commercial purposes.

  COPYRIGHT AND OTHER PROTECTION OF WEB SITE

This web site and all its contents and resources are the property of AAE or its content suppliers and are protected to the maximum extent permitted by United States copyright laws and by international copyright laws and treaties. Content displayed on or through the web site and its resources is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international treaties and the compilation of all content on this web site is the exclusive property of AAE and protected by United States copyright laws and international copyright laws and treaties. Any reproduction, modification, creation of derivative works from or redistribution of the web site or the collective work, and/or copying or reproducing the web site or any portion of the web site to any other server or location for further reproduction or redistribution is prohibited without the express written consent of AAE. As a user, you agree not to reproduce, duplicate or copy any content from this web site without the express written consent of AAE and agree to abide by any and all copyright notices displayed on the web site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the web site or its contents or resources. You may not sell or exploit any aspect of this web site or its resources for any commercial purpose. All software used on this web site is the property of AAE or its software suppliers and protected by United States copyright laws and international copyright laws and treaties. AAE and myAAEworld are registered marks in the U.S. Patent and Trademark Office.

  PRIVACY AND INFORMATION DISCLOSURE AAE has established a Privacy Policy so that you will understand how we collect and use the information that you provide to us from your use of this web site. By using this web site or any of its resources, you expressly agree to all the terms of our Privacy Policy. For a complete description of how we use and protect your personal information, see our Privacy Policy. [INSERT ANCHOR OR HYPERLINK].

If you post anything on this web site or otherwise transmit anything to this web site or to AAE – including but not limited to information, images, text or ideas, it will be treated by AAE as non-confidential and non-proprietary. AAE reserves the right, in its exclusive discretion, to use the posted or transmitted material for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing AAE products. AAE also reserves the right, in its exclusive discretion, to disseminate that material in any manner and to any person or persons for any purpose. However, all personal information (such as your name, address, e-mail address. IP address, etc.) provided to AAE or to myAAEworld will be treated as set forth in AAE’s Privacy Policy.

Payments for purchases directly from AAE are made through a secure, independent payment service and AAE does not receive or retain any credit card numbers or similar information.

AAE may use your personal information for its own marketing purposes without any additional consent from you. AAE may sell or rent your personal information to third parties for their marketing purposes without any additional consent from you. AAE uses your personal information only as described in AAE’s Privacy Policy. AAE stores and processes your personal information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide to AAE. You can choose not to receive certain communications from AAE by selecting the appropriate opt-out box on your account. You can choose not to have your personal information sold or rented to third parties by selecting the appropriate opt-out box on your account. After your personal information has been sold or rented to a third party, AAE will no longer have control of that information and you will have to opt out of further communications from that third party by selecting its opt out option when you receive a communication from that third party or its successor.

AAE also reserves the right, in its exclusive discretion, to access, preserve or disclose any content or material otherwise provided to it, including but not limited to your personal information: (a) if AAE is required to do so by law or reasonably believes it is required to do so or may be required to do so by law or by court or similar proceedings or (b) if AAE reasonably believes that such preservation or disclosure is reasonably necessary in connection with (i) the defense of any claims of any nature, (ii) the protection of any rights, property or persons, including AAE itself or this web site or (iii) the enforcement of the Terms or the Rules.

If you object to your personal information being transferred or used as described above, please do not use this web site or its resources.

 

  • PASSWORDS

Each user of this web site will select a password that will provide the user with access to certain sections of and resources on this web site. That password may be used only to access the web site, use the resources, electronically sign direct transactions with AAE and review completed direct transactions with AAE. The password will not be used with respect to any third party transactions. Each user of this web site is solely responsible for maintaining the confidentiality and security of her or his account and password and for restricting access to her or his computer. A user may not disclose the user’s password to any third party (other than third parties authorized by the user to use the account) and a user is solely responsible for any use of or action taken on this web site under the user’s password. If a user’s password is compromised, the user must promptly change the password. AAE is not responsible in any way for the unauthorized use of a user’s password.

 

TERMINATION OF SERVICE AND LIMITATIONS OF USE AAE reserves the right, in its exclusive discretion, to modify, suspend, discontinue or terminate the myAAEworld web site or any particular resources on the web site, at any time and without any prior notice to anyone. AAE also reserves the right, in its exclusive discretion, to deactivate or terminate any user’s account, block any user’s e-mail or IP address, or otherwise suspend or terminate any user’s access to or use of the web site or any resources, at any time and without any prior notice. AAE also reserves the right, in its exclusive discretion, to remove and discard any content on the web site, whether posted by users or otherwise, at any time and for any reason. Under no circumstances shall AAE have any obligation to modify, discontinue or terminate the myAAEworld web site or any particular resources, to deactivate or terminate any user’s account, block any user’s e-mail or IP address or otherwise suspend or terminate any user’s access to or use of the web site or any resources, or to remove or discard any content on the web site. AAE shall not be liable to any user or to any third party (i) for any modification, suspension, discontinuance or termination of the web site, (ii) for any deactivation or termination of any user’s account, blocking any user’s e-mail or IP address or the suspension or termination of any user’s access to or use of the web site or any resources, (iii) for any removal or discarding of any content on the web site or (iv) for the failure to take any action described in clauses (i), (ii) or (iii) above. AAE has no obligation to archive any removed content and may, in its exclusive discretion, discard it immediately upon its removal. A user may not attempt to use the myAAEworld web site or its resources at any time after the user’s account or access has been deactivated, suspended or terminated. Sections 1, 4, 5, 10, 11, 12, 14, 16, 17 and 18 of these Terms and any other provisions which would reasonably be contemplated to survive termination shall in fact survive termination of a user’s rights to use and access to the web site. AAE reserves the right, in its exclusive discretion, to establish limits on the use of the web site and any of its resources. For example, AAE may establish limits on: the number of postings that a particular user may have at any one time or during any particular time period, the size of postings, the time period that a posting will be retained on the web site or retained in an archive, how often a user may access the web site or any particular resource, etc. AAE is under no obligation to establish any such limits and AAE reserves the right, in its exclusive discretion, at any time or from time to time to change, impose, eliminate or re-impose any such limits, without prior notice. AAE shall not be liable to any user or to any third party for the failure to retain, failure to archive or deletion of any posting or content.   NOTIFICATION OF CLAIMS OF INFRINGEMENT If you believe that anything on this web site involves the copying of your work in a way that constitutes copyright infringement or if you believe that anything on this web site violates your intellectual property rights in some other way, please notify AAE either by e-mail message to legal@myAAEworld.com or by regular mail or overnight delivery service addressed as follows: Intellectual Property Supervisor AAE 1000 Enterprise Drive Royersford, PA 19468-1298 Before AAE can consider a claim of copyright infringement or violation of other intellectual property rights, you will need to provide AAE with a notice, including a statement by you, made under penalty of perjury, that the information in your notice (listed below) is accurate and that you are the copyright or other intellectual property right owner or authorized to act on the owner's behalf. The information to be included in the notice is as follows: Your name, address, telephone number and e-mail address;
  • A description of the copyrighted work or other property that you claim has been infringed upon;
  • A description of the material on the myAAEworld web site that you claim is infringing and a description of where that material is located on the web site;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
Your physical or electronic signature. Upon receipt of your notice, AAE will remove the infringing postings or content, subject to the procedures outlined in the Digital Millennium Copyright Act (the “Digital Act”) and perform such investigation and take such further action, if any, as it deems appropriate under the circumstances, in its exclusive discretion and consistent with the provisions of the Digital Act and other applicable law.   DISCLAIMERS OF WARRANTIES

THE USE OF THE myAAEworld WEB SITE AND ALL ITS RESOURCES ARE AT THE SOLE RISK OF THE USER. THE WEB SITE AND ALL ITS RESOURCES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USERS THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AAE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, (ii) ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND (iii) ANY IMPLIED WARRANTY OF TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AAE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM ANY COURSE OF DEALING OR ANY USAGE OF TRADE.

AAE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USERS THROUGH THE WEB SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AAE EXPRESSLY DISCLAIMS ANY WARRANTIES FOR ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE myAAEworld WEB SITE OR ACCESSED THROUGH ANY LINKS ON THE myAAEworld WEB SITE. AAE DOES NOT REPRESENT OR WARRANT (i) THAT THE INFORMATION, CONTENT OR MATERIALS POSTED TO OR INCLUDED ON THE WEB SITE WITH REGARD TO ANYTHING BY THIRD PARTIES WILL BE AS REPRESENTED BY THOSE PARTIES OR (ii) THAT THIRD PARTIES WILL PERFORM AS PROMISED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AAE EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY OR PERFORMANCE OF THE myAAEworld WEB SITE AND ANY OF ITS RESOURCES. AAE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USERS THROUGH THIS WEB SITE OR ITS RESOURCES, UNLESS OTHERWISE SPECIFIED IN WRITING. AAE DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR ITS RESOURCES WILL MEET A USER’S REQUIREMENTS OR WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE IN AN ERROR-FREE MANNER.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AAE EXPRESSLY DISCLAIMS ANY WARRANTIES FOR ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE myAAEworld WEB SITE OR ANY OF ITS RESOURCES OR ACCESSED THROUGH ANY LINKS ON THE myAAEworld WEB SITE. AAE DOES NOT REPRESENT OR WARRANT (i) THAT THE INFORMATION, CONTENT OR MATERIALS POSTED TO OR INCLUDED ON THIS WEB SITE WITH REGARD TO PRODUCTS, SERVICES OR ITEMS FOR SALE, LEASE, ETC. BY THIRD PARTIES WILL BE AS REPRESENTED BY THOSE PARTIES, (ii) THAT THE PRODUCTS OR SERVICES ADVERTISED BY THIRD PARTIES WILL BE AVAILABLE FOR SALE, LEASE, USE, ETC., (iii) THAT THE PRODUCTS OR SERVICES ADVERTISED BY THIRD PARTIES ARE LAWFUL TO SELL, LEASE, ETC. OR (iv) THAT THIRD PARTIES WILL PERFORM AS PROMISED. WITH REGARD TO PRODUCTS SOLD DIRECTLY BY AAE, AAE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY SET FORTH (i) IN THE AAE PRODUCTS SECTION OF THIS WEB SITE, (ii) IN THE AAE SALE TERMS FOR AAE PRODUCTS SET FORTH ON THIS WEB SITE OR (iii) IN THE SPECIFIC WRITTEN WARRANTY MATERIALS PROVIDED TO THE CUSTOMER WITH THE AAE PRODUCT PURCHASED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AAE EXPRESSLY DISCLAIMS ANY WARRANTIES AGAINST VIRUSES OR OTHER HARMFUL COMPONENTS IN THE myAAEworld WEB SITE OR ITS RESOURCES OR IN INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USERS THROUGH THIS WEB SITE (INCLUDING LINKS TO OTHER WEB SITES), THROUGH AAE SERVERS OR THIRD PARTY SERVERS OR THROUGH E-MAIL SENT FROM AAE OR THIRD PARTIES.

AAE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER BASED UPON AAE’S ALLEGED BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, ARISING FROM THE USE OF THIS WEB SITE OR ITS RESOURCES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USERS THROUGH THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES AND LOSS OF PROFIT, UNLESS OTHERWISE SPECIFIED IN WRITING.

AAE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED.

CERTAIN JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL LEGAL RIGHTS.

  LIMITATIONS OF AAE’S LIABILITY AAE SHALL NOT, UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES AND LOSS OF PROFIT, ARISING OUT OF OR RESULTING FROM THE USE OF THE myAAEworld WEB SITE OR ITS RESOURCES, THE INABILITY TO USE THE WEB SITE, OR THOSE RESULTING FROM ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEB SITE OR RESOURCES OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE OR ITS RESOURCES. THESE LIMITATIONS OF DAMAGES SHALL APPLY (i) EVEN IF AAE OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, (ii) WHETHER THE DAMAGES ARISE FROM USE, MISUSE OR THE INABILITY TO USE THE myAAEworld WEB SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE WEB SITE OR ANY OF ITS RESOURCES AND (iii) WITH RESPECT TO DAMAGES RESULTING FROM SERVICES OR PRODUCTS PROVIDED BY THIRD PARTIES THAT WERE POSTED OR ADVERTISED ON THIS WEB SITE OR RECEIVED THROUGH THIS WEB SITE OR ANY LINKS ON THE WEB SITE, AS WELL AS BY REASON OF ANY MISREPRESENTATION OR OTHER INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEB SITE OR ITS RESOURCES OR ANY LINKS ON THE WEB SITE. THESE LIMITATIONS SHALL ALSO APPLY TO DAMAGE TO A USER’S EQUIPMENT OR LOSS OF OR CORRUPTION TO A USER’S DATA. THE USER ASSUMES ANY RISK OF COST OR LOSS RELATING TO THE SERVICING, REPAIR, CORRECTION AND/OR REPLACEMENT OF EQUIPMENT AND DATA. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL LEGAL RIGHTS.   INDEMNITY

As a user, you agree to defend, indemnify and hold harmless AAE and myAAEworld and all “AAE Parties” as defined below, from and against any loss or liability (including but not limited to reasonable attorney fees, court costs and other expenses of defense, penalties and interest) which AAE may suffer or incur as a result of any claim or demand made by any third party (including any other user) due to or arising out of (i) your use of the myAAEworld web site or any of its resources, (ii) any content you submit, post or make available through this web site or its resources, (iii) your violation of any rights of any third party, (iv) any actual or alleged breach of your representations, warranties or obligations set forth in these Terms or any applicable Rules or any other violation of the Terms or applicable Rules by you, (v) the advertisement, offer, sale or return of any products, services or other items you sell, lease, etc. or the products, services or items sold, leased, etc., (vi) any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell, lease, etc. or by content you post or provide, (vii) your collection, reporting, payment or failure to collect, report or timely pay any applicable sales, use or other taxes relating to any transaction in which you were involved and (viii) the violation of any law by you. “AAE Parties” shall mean AAE, its subsidiaries, parents, affiliates, shareholders, directors, officers, agents, service providers, suppliers, employees, joint venturers, successors and assigns, (and their and each of their respective subsidiaries, parents, affiliates, shareholders, directors, officers, agents, service providers, suppliers, employees, joint venturers, heirs, personal representatives, successors and assigns). A “claim” shall include but not be limited to any claim, lawsuit, action, audit, investigation, inquiry or other proceeding instituted by any person, entity or government authority.

  VIOLATION AND SUSPECTED VIOLATION OF TERMS

AAE reserves the right, in its exclusive discretion, (a) to limit, suspend or terminate any or all rights of a user to access or use the myAAEworld web site or its resources, (b) to prohibit access of the user to the web site and to take actions (technical and/or legal) to enforce that prohibition and/or (c) to edit or remove content or other materials posted by the user: (i) if a user violates these Terms or any applicable Rules, (ii) if a user violates the spirit of the Terms or applicable Rules or other AAE policies, (iii) if AAE believes that a user’s actions may cause or have a tendency to cause legal liability or other problems or may infringe on the rights of third parties or (iv) if AAE believes that a user’s conduct is in any other way detrimental to AAE or the myAAEworld web site. These reserved rights do not in any way limit AAE’s other remedies for any of the listed actions by users.

If a user violates these Terms or any applicable Rule, the user agrees to pay AAE its actual damages resulting from the violation. AAE also may seek the remedy of specific performance of any provision contained in these Terms or any applicable Rule or a preliminary or permanent injunction against the violation of any provision. The violating user shall not defend any legal action for specific performance or injunctive relief by claiming that AAE has an adequate remedy at law.

Please report any violations of the Terms or applicable Rules to AAE. This can be done by flagging any posting for AAE’s review, or by sending an e-mail message to legal@myAAEworld.com. AAE has the right, in its exclusive discretion, but not the obligation, to monitor any activity or content associated with this web site. AAE may investigate any claimed violations or other complaints and take any action that it deems appropriate, in its exclusive discretion. If AAE fails to act with respect to a violation or claimed violation by any user, AAE still reserves the right to act with respect to other similar or identical violations by that same user or by other users.

 

  • STATUS OF PARTIES; NO THIRD PARTY BENEFICIARIES

Neither these Terms or any applicable Rules nor any use of this web site or its resources creates any agency, partnership, joint venture, employee-employer, fiduciary, trust or franchiser-franchisee relationship between AAE and any user or other party. Neither these Terms or any applicable Rules nor any use of this web site or its resources shall confer any rights or remedies upon any person or entity other than a user who has accepted these Terms – there are no intended third party beneficiaries of any rights granted by these Terms or any Rules. The only rights conferred on users are those expressly set forth in these Terms.

 

  • APPLICABLE LAW AND TIME LIMIT ON CLAIMS

The Terms and Rules shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. Those Terms and Rules, the use of this web site and its resources, the relationship between the user and AAE (myAAEworld) and any claims against or disputes with AAE relating to this web site, shall be governed in all respects by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You agree that any claim or dispute you may have against AAE must be resolved exclusively by (i) the Pennsylvania state courts located within Montgomery County, Pennsylvania or (ii) the Federal District Court for the Eastern District of Pennsylvania, except as otherwise agreed in writing by the user and AAE. You and AAE agree to submit to the personal and exclusive jurisdiction of those courts for the purpose of litigating all such claims or disputes.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the web site or the Terms must be filed within one year after that claim or cause of action arose or it shall be forever barred.

 

  • COMPLIANCE WITH AND VIOLATION OF LAWS

By accessing, browsing and/or using this web site, you agree that you will comply with all applicable laws and regulations.

The myAAEworld web site is controlled and operated by AAE from its offices within the United States of America. The contents of this web site may not be appropriate or available for use in other locations. Access to the content from locations where the content is illegal is prohibited. If you choose to access this web site from locations outside the United States, you do so at your own risk and you are responsible for compliance with all applicable local laws.

The web site and its resources may be used only for lawful purposes and in a lawful manner. You may not engage in fraudulent conduct – for example, you may not impersonate any other person, use another user’s password, register under a false name or use an invalid or unauthorized credit card. AAE reserves the right, in its exclusive discretion, to report any suspected fraudulent conduct or other activity that it suspects violates any law to appropriate law enforcement authorities.

NOTICES AND CONSENT TO ELECTRONIC COMMUNICATIONS

As a user, you consent to receive communications from AAE electronically. AAE has your consent to communicate with you electronically by e-mail or by posting notices on this web site. You agree that all notices and other communications that AAE provides to you electronically will satisfy any legal requirement that the communications be written.

Except as expressly stated to the contrary, legal notices shall be served on a user to the e-mail address provided by the user to AAE during the registration process. E-mail notice shall be deemed given 24 hours after the e-mail is sent to the user, unless AAE is notified that the e-mail address is invalid. Alternatively, AAE may give a user legal notice by regular mail, postage prepaid, addressed to the address provided by the user to AAE during the registration process. Mailed notice shall be deemed given three days after the date of mailing.

Except as expressly stated to the contrary, legal notices shall be served by a user on AAE by certified mail, return receipt requested, postage prepaid, addressed to AAE as follows:

Legal Notice Coordinator AAE 1000 Enterprise Drive Royersford, PA 19468-1298   GENERAL LEGAL PROVISIONS The Terms and any applicable Rules are the entire agreement between you and AAE (myAAEworld) concerning the myAAEworld web site and they govern your use of the myAAEworld web site and its resources. The current Terms and Rules take the place of and supersede all prior agreements and understandings between you and AAE (myAAEworld) relating to that subject matter. There are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning the subject matter of this agreement. The Terms and applicable Rules are intended to be binding upon and legally enforceable against the users and their heirs, personal representatives and successors. The fact that a user does not sign anything shall not reduce the legally binding effect of these Terms and any applicable Rules – all of which shall become binding by the user’s use of the web site. Users may not assign any legal rights under this agreement. If any provision in the Terms or Rules is determined by a court of competent jurisdiction to be invalid or unenforceable, this shall not affect the validity or enforce­ability of any other provision and the court shall to the extent practical, give effect to the invalid or unenforceable provision as expressed by its plain meaning. The failure of AAE to exercise or enforce any right or remedy provided in the Terms or the applicable Rules shall not be deemed to be a waiver of that right or remedy and AAE reserves the right to strictly enforce them or any other provision in the future. AE reserves the right to take no action although it may have the legal right to take action.

The titles or headings of the various sections or paragraphs of these Terms and the Rules have been inserted only to make it convenient to find specific provisions. The headings shall not constitute a part of the Terms or Rules; the headings are not intended to indicate all the subject mat­ter in the particular section; and the headings are not to be used in interpreting the meaning or effect of the Terms or Rules or for any other purpose in the event of any controversy between a user and AAE.

 

RULES FOR “THE RIVALRY”

The purpose of The Rivalry is to encourage good honest competition in organized amateur sports and to honor excellence in sports competition by recognizing high achievement of participants as compared to other participants. Participants may include athletes and coaches. One of the features of The Rivalry is the “Featured Athlete/Coach of the Month”. Its purpose is to recognize athletes/coaches who have demonstrated their talents through accomplishments in competition. The Rivalry and its sponsor – AAE – do not award cash or other prizes of value but honor high achievements and superior performances in organized sports by recognizing those achievements and the superior athletes/coaches on the pages of the myAAEworld web site.

A participant in The Rivalry must be a current athlete/coach in good standing of an organized sports team – scholastic, college, professional or club – that is either a member of a recognized league or that is an independent member of a recognized governing body such as the PIAA, NCAA, NAIA, AAU, etc.

Honors for athletes/coaches by The Rivalry are based upon statistics provided to AAE on The Rivalry pages of the myAAEworld web site. All statistics for The Rivalry must be entered by the athlete/coach herself or himself and not by a third party.

AAE does not verify statistics (or other information on The Rivalry) before they are entered and assumes no responsibility to verify any or all entered statistics. However, AAE reserves the right, in its exclusive discretion, at any time and from time to time to verify any or all entered statistics and other information. AAE may, in its exclusive discretion, modify or remove any statistics or other information that it determines to be inaccurate or false or that it suspects are inaccurate or false.

An athlete/coach who registers for The Rivalry and/or enters statistics or other information on The Rivalry web pages represents and warrants to AAE (i) that she or he has provided her or his real name, age (athletes only) and team and (ii) that any statistics or other information entered are her or his own statistics or information and are all truthful and accurate. A participant who registers for The Rivalry and/or enters statistics or other information on The Rivalry web pages grants to AAE the right at any time and from time to time to verify any or all entered statistics and other information, including but not limited to communication with the respective coach, school administration or league.

An athlete/coach who registers for The Rivalry and/or enters statistics or other information on The Rivalry web pages grants to AAE the license and right to (i) display the participant’s name, age (athletes only), school, statistics and photographs on the myAAEworld web site, (ii) recognize and honor the participant as a weekly or monthly winner on the myAAEworld web site and (iii) include the participant’s name, age (athlete’s only), school, statistics and photographs in any AAE or myAAEworld promotions whether on the myAAEworld web site or in any other form of media. No further consent from the participant is required before AAE can exercise the rights and license granted here. The license and rights granted here to AAE are non-exclusive, royalty-free, perpetual, irrevocable, fully sub-licensable and worldwide.

The statistics and other information entered on The Rivalry by an athlete/coach are considered “content” and are subject to all the provisions regarding content contained in the myAAEworld Terms of Use.

AAE reserves the right, in its exclusive discretion, at any time and from time to time and without prior notice: (i) to determine the criteria for eligibility for The Rivalry and to change that criteria, (ii) to determine the criteria for winners and honors on The Rivalry and to change that criteria, (iii) to determine the sports that will be included on The Rivalry and to change that determination, (iv) to determine the nature and frequency of the honors on The Rivalry and to change those determinations and (v) to change The Rivalry, temporarily suspend The Rivalry and/or completely and permanently discontinue The Rivalry.

No participant in The Rivalry has any vested right to be honored and no participant will be compensated in any way for the failure to honor the participant, even if due to the negligence of AAE. For example, if a participant’s statistics would have qualified the participant for a particular honor and the criteria is changed, the honors are changed or the entire feature is discontinued before that participant is honored, the participant will not have any legally enforceable right to be honored in any way nor any right to be compensated for the absence of an honor. As a further example, if a participant’s statistics would have qualified the participant for a particular honor but for the fact that another participant entered false, inaccurate or fraudulent superior statistics, or but for some error or malfunction in The Rivalry or mistake by AAE, the participant will not have any legally enforceable right to be honored in any way nor any right to be compensated for the absence of an honor.

AAE SHALL NOT, UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES AND LOSS OF PROFIT, ARISING OUT OF OR RESULTING FROM (I) THE PARTICIPANT’S USE OF THE RIVALRY, (ii) THE PARTICIPANT’S INABILITY TO USE THE RIVALRY, (III) A PARTICIPANT’S FAILURE TO RECEIVE AN HONOR, (IV) AAE’S EXERCISE OF ITS RIGHTS AND LICENSE GRANTED HERE OR (V) ANY OTHER DAMAGES OTHERWISE ARISING OUT OF OR RELATING TO THE RIVALRY. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL LEGAL RIGHTS.

As a participant in The Rivalry, you agree to defend, indemnify and hold harmless AAE and myAAEworld and all “AAE Parties” as defined below, from and against any loss or liability (including but not limited to reasonable attorney fees, court costs and other expenses of defense, penalties and interest) which AAE may suffer or incur as a result of any claim or demand made by any third party (including any other participant) due to or arising out of (i) your participation in The Rivalry, (ii) any statistics or information you submit or post to The Rivalry, (iii) your violation of any rights of any third party, (iv) any actual or alleged breach of your representations, warranties or obligations set forth in these Rules or any other violation of the myAAEworld Terms of Use or these Rules by you or (v) the violation of any law by you. “AAE Parties” shall mean AAE, its subsidiaries, parents, affiliates, shareholders, directors, officers, agents, service providers, suppliers, employees, joint venturers, successors and assigns, (and their and each of their respective subsidiaries, parents, affiliates, shareholders, directors, officers, agents, service providers, suppliers, employees, joint venturers, heirs, personal representatives, successors and assigns). A “claim” shall include but not be limited to any claim, lawsuit, action, audit, investigation, inquiry or other proceeding instituted by any person, entity or government authority.

Any person who believes that statistics have been entered for her or him by someone else or who wishes to remove her or his page from The Rivalry should contact AAE either by e-mail message to therivalry@myAAEworld.com or by regular mail or overnight delivery service addressed as follows: The Rivalry Supervisor AAE 1000 Enterprise Drive Royersford, PA 19468-1298 A participant who registers for The Rivalry and/or enters statistics or other information on The Rivalry web pages agrees to be legally bound by the Terms of Use of the myAAEworld web site and the Rules for The Rivalry.

 

RULES FOR “THE BUZZ”

The Buzz section of this web site is operated by Aluminum Athletic Equipment Co., a Pennsylvania corporation (“AAE”). The words “you” and “your” in the text below refer to each user of this web site. When used here, the term "user" includes any person or entity using the services provided by The Buzz section, as well as any person or entity using the myAAEworld web site generally.

A person who uses The Buzz feature of the myAAEworld web site agrees to be legally bound by and comply with the Terms of Use of the myAAEworld web site and the Rules for The Buzz section. A person who engages in discussions in the forums of The Buzz section of the myAAEworld web site or posts messages on its message boards agrees to be legally bound by the Terms of Use of the myAAEworld web site and the Rules for The Buzz section.

The Terms of Use of the myAAEworld web site apply to the entire web site, including but not limited to The Buzz section of the web site. In addition, there are some Rules that specifically apply to The Buzz section that are set forth here. Some of the general provisions from the Terms of Use are also repeated here for particular emphasis. AAE encourages you to carefully review these Rules as well as the entire Terms of Use before using The Buzz section.

The Terms of Use of this web site [INSERT ANCHOR OR HYPERLINK TO ABOVE TERMS] are the terms of a legal agreement between you and AAE. When you use The Buzz section, you accept the Terms of Use for the web site and the specific Rules set forth below for this section and you have entered into a legally binding agreement with AAE. AAE reserves the right, in its exclusive discretion, (i) to change the Terms of Use, (ii) to change these Rules and (iii) to change or discontinue The Buzz – all as set forth in the Terms of Use.

If you engage in any discussions on any forum of The Buzz or if you post anything on any message board there or if you create any other content on The Buzz, you automatically grant AAE certain royalty-free licenses and rights as set forth in the Terms of Use and you automatically make certain representations to AAE as also set forth in the Terms of Use.

If you enter into any transactions (like a sale or lease) resulting from communications on or through The Buzz, you also agree to accept and are bound by the Rules for the Classified Ads [INSERT ANCHOR OR HYPERLINK] section of this web site with respect to all those transactions.

The Buzz serves only as a technical interface between users and as a forum and message board for discussions and communications between and among users. Each user must exercise common sense and her or his own good judgment in determining whether and to what extent she or he will use The Buzz and rely on any information obtained through The Buzz.

AAE does not engage in any ongoing evaluation, control or screening of discussions or exchanges between users or of the statements made or information provided by users. Users must exercise their own judgment in evaluating the reliability of statements made by other users. Any opinions expressed by a user are solely the opinions of that user and are not the opinions of AAE or The Buzz. AAE and The Buzz cannot and do not assume any responsibility for the true identity of users or for the truthfulness, accuracy, completeness, safety, timeliness, legality or applicability of anything that a user may say, transmit through or post on The Buzz. Although The Buzz limits use to persons thirteen years old or older, AAE cannot reliably confirm the age of any user. Therefore, a user may unknowingly be dealing with an underage person.

If you use The Buzz, you may be exposed to content that is offensive, indecent, false, inaccurate, misleading, harmful or objectionable for some other reason. As a user of The Buzz, you must perform your own evaluation of any content or communications received by you. You should not rely on any third party content or communications and you bear the risk associated with the use of any third party content or communications. AAE shall not, under any circumstances, be liable for any third party content or communications or for any loss – economic or otherwise, injury to person or property or damage of any nature resulting from the use of or reliance on any third party content posted on, transmitted through or made available by using The Buzz or the myAAEworld web site or its resources.

AAE does not in any way determine or verify the qualification of users generally or the specific expertise or qualifications of users to provide advice and does not endorse or recommend any third party who might be using The Buzz to provide advice. You should not rely on opinions or advice obtained through The Buzz as a substitute for obtaining appropriate professional advice from a qualified expert. Many types of professionals require minimum training, testing and/or government-issued licenses or certifications in order to provide professional advice. These would include professions such as medical doctor, dentist, psychologist, pharmacist, veterinarian, lawyer, accountant, tax advisor, financial advisor, securities broker, architect, engineer, etc. If you have a question that requires advice from someone in one of these professions or any similar profession, you should consult with a qualified expert where you live.

In the event of an emergency, you should promptly contact an appropriate professional or call 911 and you should not use The Buzz as a substitute for appropriate emergency personnel.

Age and Geographic Restrictions –You must be thirteen years of age or older in order to use The Buzz. By using any forum there, you are representing to AAE and to the other party or parties with whom you communicate that you are thirteen years of age or older. You may not use The Buzz if use of that type of resource is illegal in the place where you are located and you may not use it for any specific use that is illegal in the place where you are located.

Personal Identification – Each user must provide AAE with true, accurate, current and complete information as requested by AAE to identify the user. You agree that The Buzz may use this information as described in the myAAEworld Privacy Policy. [INSERT ANCHOR OR HYPERLINK]

Screening – AAE, in its exclusive discretion, may pre-screen any particular message or posting or may choose not to perform any pre-screening. AAE does not assume any obligation to screen, refuse to accept or to remove or delete any message or posting. However, AAE does reserve the right for any reason, in its exclusive discretion, to screen, to delay a decision on acceptance, to refuse to accept, to remove or to delete any message or posting on The Buzz.

Modification and Termination – AAE reserves the right, in its exclusive discretion, to modify, suspend, discontinue or terminate The Buzz on the myAAEworld web site, at any time and without any prior notice to anyone. AAE also reserves the right, in its exclusive discretion, to deactivate or terminate any user’s account, block any user’s e-mail or IP address, or otherwise suspend or terminate any user’s access to or use of The Buzz, at any time and without any prior notice. AAE also reserves the right, in its exclusive discretion, to remove and discard any content created by any user of The Buzz, or to edit, move, remove or close any topic, forum or message board, at any time and for any reason. Under no circumstances shall AAE have any obligation to modify, discontinue or terminate The Buzz, to deactivate or terminate any user’s account, block any user’s e-mail or IP address or otherwise suspend or terminate any user’s access to or use of The Buzz, or to remove or discard any content or edit, move, remove or close any topic, forum or message board. AAE shall not be liable to any user or to any third party (i) for any modification, suspension, discontinuance or termination of The Buzz, (ii) for any deactivation or termination of any user’s account, blocking any user’s e-mail or IP address or the suspension or termination of any user’s access to or use of The Buzz, (iii) for any removal or discarding of any content or for any editing, movement of, removal of or closing of any topic, forum or message board or (iv) for the failure to take any action described in clauses (i), (ii) or (iii) above. AAE has no obligation to archive any removed content and may, in its exclusive discretion, discard it immediately upon its removal. A user may not attempt to use The Buzz or the myAAEworld web site or its resources at any time after the user’s account or access has been deactivated, suspended or terminated.

If you violate the Terms of Use or these Rules, AAE reserves the right, in its exclusive discretion, to exercise any of its rights or remedies set forth in the Terms of Use, including but not limited to the suspension or termination of your right to use The Buzz.

A user may cancel her or his account on The Buzz at any time by providing notice to AAE. If you do not wish to accept the Terms of Use or if you object to anything set forth in the Terms of Use, please immediately discontinue your use of this web site because your continued use constitutes your continued acceptance of the Terms of Use. If you object to anything set forth in these Rules, please immediately discontinue your use of The Buzz because your continued use constitutes your continued acceptance of the Rules. If you object to any change in the Terms of Use or these Rules, or if you become dissatisfied with myAAEworld in any way or for any reason, whether or not it relates to a change, you should immediately discontinue your use of myAAEworld. You are not entitled to any remedy other than discontinuing your use of the web site.

Prohibited Conduct – A user of The Buzz may not engage in any conduct that is prohibited by the Terms of Use of the web site, including but not limited to the specific prohibitions set forth in the list of specifically prohibited conduct [INSERT ANCHOR OR HYPERLINK].

The use of a screen name, topic name, welcome message or similar name or message on any forum shall be considered posting of content for the purpose of determining whether that action is a violation of the prohibited conduct list. The use of a forum or message board to communicate shall be considered transmission and/or posting of content for the purpose of determining whether that action is a violation of the prohibited conduct list.

The Buzz is not an area of the myAAEworld web site designated for advertising or commercial solicitation.

Release of AAE – By using this web site, you expressly agree that AAE shall not be responsible or liable in any way for any loss, damage, expense or injury of any nature arising from any communication, transmission or posting on or through The Buzz. If you do become involved in any dispute with other parties, you hereby release and forever discharge AAE and AAE’s subsidiaries, parents, affiliates, shareholders, directors, officers, agents, service providers, suppliers, employees, joint venturers, successors and assigns, (and their and each of their respective subsidiaries, parents, affiliates, shareholders, directors, officers, agents, service providers, suppliers, employees, joint venturers, heirs, personal representatives, successors and assigns), from any and all past, present and future actions, causes of action, claims, damages, demands, debts, suits, judgments and liability whatsoever, in law or equity, including but not limited to damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to those disputes and/or AAE’s actions, omissions or alleged involvement in the matters.

In connection with The Buzz, you will not hold AAE responsible for other parties’ communications, transmissions, postings, content, actions, omissions or misrepresentations.

Complaints – If you feel that another user is violating these Rules or the Terms of Use, please try to resolve your complaint with the other user. If that does not resolve the dispute, you may give notice to AAE as set forth below. AAE and myAAEworld are not responsible for the behavior of users of the web site including but not limited to users of The Buzz and AAE does not promise to resolve the dispute.

Notices – All notices to AAE concerning The Buzz (including complaints about other users) can be sent either by e-mail message to thebuzz@myAAEworld.com or by regular mail or overnight delivery service addressed as follows: The Buzz Supervisor AAE 1000 Enterprise Drive Royersford, PA 19468-1298   RULES FOR “USED EQUIPMENT”

The Used Equipment section of this web site is operated by Aluminum Athletic Equipment Company, a Pennsylvania corporation (“AAE”). The words “you” and “your” in the text below refer to each user of this web site – whether a buyer or seller. When used here, the term "user" includes any person or entity using the services provided by this section, as well as any person or entity using the myAAEworld web site generally.

The purpose for the Used Equipment section is to more easily enable schools, teams, athletes and others who have used athletic equipment that remains safe to use, to sell or otherwise dispose of that equipment. It will also serve to allow schools, teams and athletes to find athletic equipment that they might desire at a lower cost than new equipment. Any item listed in this section must come within the normal definition of “athletic equipment” – like balls, bats, goals, hurdles, etc.

Purchasing used equipment always carries with it certain risks. Among those risks are (i) the possible absence of a knowledgeable salesperson to make certain that the buyer is receiving appropriate equipment to meet the buyer’s needs, (ii) the probable lack of any warranty and (iii) the potential for the used equipment to no longer meet current safety standards or no longer be in safe condition for continued use. All buyers of used equipment must perform their own investigations and make their own determinations whether the equipment proposed to be purchased is appropriate, safe, useable, properly priced and all other determinations that enter into a decision whether to purchase athletic equipment or any other product. Because athletic equipment often has safety or protection for at least one of its purposes – if not its primary purpose – it is particularly important that the buyer proceed carefully and with caution when purchasing used equipment.

Neither AAE nor the myAAEworld web site makes any warranty or representation whatsoever about the used equipment offered for sale or about any seller of that used equipment.

A person who lists anything for sale on the Used Equipment section of the myAAEworld web site agrees to be legally bound by and comply with the Terms of Use of the myAAEworld web site and the Rules for the Used Equipment section. A person who engages in negotiations for anything offered for sale on the Used Equipment section of the myAAEworld web site or who actually purchases anything offered for sale there agrees to be legally bound by and comply with the Terms of Use of the myAAEworld web site and the Rules for the Used Equipment section.

The Terms of Use of the myAAEworld web site apply to the entire web site, including but not limited to the Used Equipment section of the web site. In addition, there are some rules that specifically apply to the Used Equipment section that are set forth here. Some of the general provisions from the Terms of Use are also repeated here for particular emphasis. AAE encourages you to carefully review these rules as well as the entire Terms of Use before posting a listing or making a sale or purchase through the Used Equipment section.

The Terms of Use of this web site [LINK] are the terms of a legal agreement between you and AAE. When you use the Used Equipment section, you accept the Terms of Use for the web site and the specific Rules set forth below for this section and you have entered into a legally binding agreement with AAE. AAE reserves the right, in its exclusive discretion, (i) to change the Terms of Use, (ii) to change these Rules and (iii) to change or discontinue the Used Equipment section – all as set forth in the Terms of Use.

No Minors – You must be eighteen years of age or older in order to list anything for sale in the Used Equipment section or in order to purchase anything listed for sale there. By listing anything for sale in the Used Equipment section or by entering into negotiations for or actually purchasing anything listed for sale there, you are representing to AAE and to the other party or parties involved in the transaction that you are eighteen years of age or older.

No Dealers – Persons or entities whose regular business is the wholesale or retail sale of new or used athletic equipment are prohibited from listing equipment for sale on the myAAEworld web site. This web site is not intended to serve as a retail or wholesale exchange for dealers. By listing anything for sale in the Used Equipment section, you are representing to AAE and to the other party or parties involved in the transaction that you are not a wholesale or retail dealer of new or used athletic equipment. However, there is no prohibition against the purchase of items listed for sale here by a wholesale or retail dealer.

Seller’s Other Representations – By listing anything for sale in the Used Equipment section, you are representing to AAE and to the other party or parties involved in a transaction that (i) you are the owner of the item or items and that you have the right and ability to sell them free and clear of any liens or claims, (ii) if you enter into a transaction, you will actually complete the transaction unless the buyer defaults, (iii) the content of your listing is truthful and accurate, (iv) the item or items listed are legal to sell in Pennsylvania and where you are located, (v) the item or items listed are not counterfeited, illegal, stolen, fraudulent or subject to any lien, (vi) if there are recognized safety standards for the item or items listed, the items all meet current safety standards, (vii) the item or items listed are actually safe and are not at the end of their useful lives and (viii) no listed item infringes any third-party intellectual property rights (including copyright, trademark, patent and trade secrets) or other proprietary rights. Screening – AAE may, in its exclusive discretion, either pre-screen or pre-approve any particular listing of used equipment for sale or other content that is posted on this section of the web site by others or may not perform any pre-screening or pre-approval. AAE does not assume any obligation to screen, refuse to accept or to remove or delete any sale listing. However, AAE does reserve the right for any reason, in its exclusive discretion, to screen, to delay a decision on acceptance, to refuse to accept, to remove or to delete any sale listing in the Used Equipment section.

Prohibited Conduct – A user of the Used Equipment section may not engage in any conduct that is prohibited by the Terms of Use of the web site, including but not limited to the specific prohibitions set forth in the list of specifically prohibited conduct [INSERT ANCHOR OR HYPERLINK].

Limited Role of AAE – The Used Equipment section is intended to allow users to interact with each other in commercial transactions. It does not involve any purchases directly from AAE. If you are making a sale or purchase through a Used Equipment listing, you are dealing with a third party and not with AAE. Your involvement in the transaction or other interactions is done at your own risk. Your dealings are between you and the other party or parties and AAE is not a party to the transaction and AAE is not in any way approving the other party, endorsing the other party or involved in the transaction. The terms and methods of payment and the prices, terms, conditions, warranties and representations that are involved in any transaction are to be determined between you and the other party and AAE has no involvement in those matters. Unless the buyer and seller otherwise agree between themselves, all items are sold “as is” and “where is.” The AAE Sale Terms that apply to direct purchases from AAE do not apply to transactions through a Used Equipment listing, although you and the other party may agree between yourselves to apply similar terms and conditions to your transaction.

In the Used Equipment section, AAE intends only to provide a means for a seller and buyer to negotiate and complete transactions with each other. AAE is not involved in the actual transaction between the parties and is not the agent of any seller or buyer and has no authority to act for any seller or buyer for any purpose in a transaction. AAE does not examine any items listed in the Used Equipment section and listed items might have been considered to be unsafe if they had been examined. AAE has no control over and does not guarantee: (i) the quality, safety or legality of items listed, (ii) that items listed meet current safety standards, (iii) the truth or accuracy of the sellers’ content or listings, (iv) the honesty of any third parties, (v) the ability of parties to buy, sell or otherwise complete any proposed transaction, (vi) that a seller or buyer will actually complete a transaction or (vii) that an item is saleable or that anyone will purchase it.

AAE recommends that you perform an appropriate and adequate due diligence investigation about another party before entering into any transactions with the other party – whether the transactions are to be completed online or in any other manner. If you do become involved in a dispute or disagreement with any buyer or seller, you must resolve that dispute or disagreement directly with the other party and AAE will not help facilitate the resolution of disputes. Because AAE is not the agent of any buyer or seller for any purpose, AAE will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. AAE urges sellers and buyers to cooperate with each other to resolve disputes but AAE imposes no dispute resolution procedures on the parties and does not mediate or attempt to resolve disputes between sellers and buyers. AAE does not provide for any protection for sellers or buyers involved in transactions and there are no refund or return policies imposed by AAE. All terms of the transactions are as agreed by the parties without any involvement by AAE.

If you do report any inappropriate activities by other parties to AAE, AAE will perform whatever investigation it considers appropriate, in AAE’s exclusive discretion, and AAE may elect, in its exclusive discretion, to take any appropriate action or to take no action.

Release of AAE – By using this web site, you expressly agree that AAE shall not be responsible or liable in any way for any loss, damage, expense or injury of any nature arising from any transaction through a listing in the Used Equipment section. If you do become involved in any dispute with other parties, you hereby release and forever discharge AAE and AAE’s subsidiaries, parents, affiliates, shareholders, directors, officers, agents, service providers, suppliers, employees, joint venturers, successors and assigns, (and their and each of their respective subsidiaries, parents, affiliates, shareholders, directors, officers, agents, service providers, suppliers, employees, joint venturers, heirs, personal representatives, successors and assigns), from any and all past, present and future actions, causes of action, claims, damages, demands, debts, suits, judgments and liability whatsoever, in law or equity, including but not limited to damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to those disputes and/or AAE’s actions, omissions or alleged involvement in the transactions.

In connection with Used Equipment section transactions, you will not hold AAE responsible for other parties’ content, actions, omissions, misrepresentations, items they list or the loss of, damage to or the destruction of any items by any parties.

Prohibited Items – As a seller, you may list any appropriate item in the Used Equipment section on the web site unless the item is a prohibited item as defined here or otherwise prohibited by law. The following is a non-exclusive list of prohibited items that may not be listed on this web site: (a) an item that infringes any third-party intellectual property rights (including copyright, trademark, patent and trade secrets) or other proprietary rights (including rights of privacy); (b) an item that is unsafe, that is at the end of its useful life or that does meet current safety standards or (c) an item that is counterfeited, illegal, stolen, fraudulent or subject to any lien. AAE reserves the right, in its exclusive discretion, to refuse to list or to remove any item, whether or not the item fits the description of prohibited items set forth above. AAE is limited in its ability to monitor all listed items. Therefore, items that fit the “prohibited” category may be listed on the web site. By failing to block the listing of any particular item or by failing to remove any particular item from the listings on this web site, AAE does not in any way, expressly or by implication, make any representation about that item. AAE does not represent that the item is useable, safe or authentic.

Taxes – Whenever there is a transaction through a Used Equipment listing , the seller has the responsibility to determine whether any taxes apply to the transaction and to collect and report the proper taxes and timely pay them over to the appropriate taxing authority or authorities. In no event shall AAE be responsible to determine whether any taxes apply to the transaction or to collect, report or pay over any taxes arising from any Used Equipment listing transaction. This section shall apply to any and all taxes, including but not limited to, sales, lease, goods, services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with (i) any advertisement, offer or sale through a listing in the Used Equipment section of this web site, (ii) any transaction arising from or in connection with the Used Equipment section of this web site, directly or indirectly and (iii) any transaction, action, inaction or omission by a user or any person or entity for whom the user is responsible, that is in any way related to the Used Equipment section of this web site.


Privacy Policy  

 

Introduction and Definitions

This Privacy Policy applies to Aluminum Athletic Equipment Company (“AAE” and sometimes "we" or "our") and the myAAEworld web site. This Privacy Policy explains and controls how we deal with personal information that we collect online from users of the myAAEworld web site ("you"). This Privacy Policy tells you about how we use and protect your personal information. It covers only information that is collected by AAE through the myAAEworld web site. It does not cover information that may be collected through software downloaded from this site or by other users or third parties.

If you choose to visit myAAEworld.com, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use. By accepting the Terms of Use of the myAAEworld web site you also accept this Privacy Policy. That means that you expressly agree that we may collect, store, use and disclose your personal information as described in this Privacy Policy.

If at any time or from time to time AAE becomes involved with any affiliates or business partners in connection with any activity or offer on the myAAEworld web site, this Privacy Policy does not apply to the web site of any affiliate or business partner or their actions. This Privacy Policy also does not apply to any web site that may be linked to our web site. We recommend that you review the Privacy Policy of any other party with whom you interact or of any other web site that you access or use.

For the purposes of this Privacy Policy, the following definitions shall apply: (i) an "affiliate" means any entity or joint venture that is owned, entirely or in part, by AAE, (ii) a "business partner" means any subcontractor, supplier or other business with whom we have an ongoing business relationship to provide products, services or information and (iii) "personal information" means information which identifies you, such as your name, address, telephone number, e-mail address or IP address.

 

Collection of Information and Consent to Collection

You can access our web site, browse and examine many of the resources and use some of the resources without disclosing your identity to us and without providing any personal information to us so that you remain anonymous. Some resources require that you disclose your identity and provide certain personal information to us before you can use or access those resources. If you choose to access or use those resources and provide your personal information to us, you are no longer anonymous and you automatically consent to (i) our collection of that personal information, (ii) transfer of that information to our servers located in the United States of America or elsewhere and (iii) storage of that personal information. If you choose to access or use those resources and provide your personal information to us, you also automatically consent to our use and disclosure of that personal information as described in this Privacy Policy.

We collect information from a number of different sources. We collect the information that you enter on our web site or that you provide to us in any other way. When you complete fill-in forms on our web site, they will indicate whether the particular requested information is optional or required. We may also collect information about your visits to our web site, collect certain information from the browser you use to access our web site via cookies or otherwise and/or collect information from your e-mail communications to us. We might receive information about you from other sources and add that information to the information that we collected about you in other ways.

The types of information that we might collect include the following:

  • Name, address, telephone number, e-mail address and IP address.
  • Age, gender, profession, name of your business, interests and preferences.
  • Information based on your activities on our web site, such as resources that you use, items that you purchase directly from AAE and content that you post or transmit to the web site.
  • Other information and statistics about your visits to our web site, including the pages you view, the links and ads you click, search terms you enter and other actions you take relating to our web site and information from the browser you use to access our web site, such as your Internet Protocol (IP) address, browser type and language, access times, the Uniform Resource Locator (URL) of the web site that led you to our web site and to which URL you browse away from our web site if you click on a link on our web site and standard web log information.
  • Information that you provide relating to a direct purchase from AAE such as billing and shipping information.
  • E-mails and other communications sent to AAE or sent through the myAAEworld web site and chats and similar discussions and communications on or through the myAAEworld web site.
  • Additional information that we might request from you for the purpose of authentication or the investigation of a violation of the Terms of Use of the web site.
  • Information received about you from other users or third parties.

 

Collection and Disclosure of Information About Minors (Children)

If you are under the age of 18, please do not submit any personal information to us or through our web site without the participation of and express consent from your parent or guardian. If you are under the age of 14, please do not submit any personal information to us under any circumstances. We do not want to be in a position of disclosing personal information about children under the age of 14 and we do not want to be in the position of disclosing personal information about children under the age of 18 without the express consent of the parent or guardian.

 

Disclosure of Information

Except where you have affirmatively opted out of the general disclosure consent, we do reserve the right, in our exclusive discretion, to sell and/or rent the collected information, including but not limited to your personal information, to third parties for their marketing purposes without any additional consent from you. You may affirmatively opt out of the general disclosure consent in the preferences section of your personal account on the myAAEworld web site. If you do not opt out, you may receive communications or advertisements from third parties who purchased or rented the information. You may follow the opt out directions that accompany the communication or advertisement.

Even if you have affirmatively opted out of the general disclosure consent, we may share your personal information with affiliates and/or business partners to carry out transactions that you request. You may affirmatively opt out of the affiliate/business partner disclosure consent in the preferences section of your personal account on the myAAEworld web site.

Even if you have affirmatively opted out of the general disclosure consent, we may combine your information with information we collect from affiliates, business partners or other companies and we may share your personal information with them and use the combined and/or shared information to improve and customize our services, content, advertising communications and/or relationship with or for you. You may affirmatively opt out of the shared information disclosure consent in the preferences section of your personal account on the myAAEworld web site. If you do not object to the shared information but you do not wish to receive marketing communications from us or do not wish to receive customized ads when using the myAAEworld web site, you may affirmatively opt out of those resources in the preferences section of your personal account on the myAAEworld web site or you may follow the opt out directions that accompany the communication or advertisement.

Even if you have affirmatively opted out of the general disclosure consent, we may disclose your personal information in connection with law enforcement, a criminal investigation, the prevention or detection of fraud, piracy or other potentially illegal acts or otherwise related to suspected or alleged illegal activity.

Even if you have affirmatively opted out of the general disclosure consent, we may disclose your personal information to law enforcement personnel, other government officials or other third parties pursuant to a subpoena, court order or substantially similar legal process, or as otherwise required by law or where AAE reasonably believes such disclosure to be required by law.

Even if you have affirmatively opted out of the general disclosure consent, we may disclose your personal information if AAE believes in good faith that such disclosure is reasonably necessary to (i) enforce its Terms of Use of the web site or its other policies or detect and prevent violation of the Terms of Use or those policies, (ii) respond to claims that a listing or other content violates the intellectual property rights or other rights of others, (iii) prevent imminent physical harm or financial loss or (iv) protect the rights, property or safety of AAE, the myAAEworld web site, AAE’s customers or the public. The information will be disclosed in accordance with applicable law.

Even if you have affirmatively opted out of the general disclosure consent, we may disclose your personal information to (i) other third parties where you have expressly requested that we provide your information to that third party and (ii) when you are expressly notified about a potential disclosure in connection with a particular resource on the myAAEworld web site and you give specific consent to that disclosure.

Even if you have affirmatively opted out of the general disclosure consent, we may disclose your personal information to service providers under contract with AAE who assist with the operation of the myAAEworld web site or resources that you use in connection with the web site or who perform other services such as delivery of packages, processing of payments, etc., provided that the service provider has agreed to honor this Privacy Policy and the opt out elections that you have made.

Even if you have affirmatively opted out of the general disclosure consent, we may disclose your personal information in connection with a planned, potential or actual merger of our business with or sale of our business to another entity or our purchase of another business. In any of those events, we will secure the agreement of the other party to honor this Privacy Policy and the opt out elections that you have made or, if following any merger, sale or purchase, your personal information will be used contrary to this Privacy Policy, reasonable prior notice will be provided to you.

Payments for purchases directly from AAE are made through a secure, independent payment service and AAE does not receive or retain any credit card numbers or similar information.

Internal Use of Personal Information

In addition to the disclosure of your personal information as set forth above, AAE may use your personal information internally for one or more of the following purposes:

  • To improve the myAAEworld web site, correct problems on the web site and customize and enhance your personal experience on the web site.
  • To enforce the Terms of Use of the web site and this Privacy Policy.
  • To complete your direct purchases from AAE through the web site or otherwise and enforce the terms of the purchase.
  • To communicate with you including but not limited to notices about products you have purchased and marketing of our products to you.
  • To improve our products.
  • To protect AAE, users and others against prohibited actions, fraud and other illegal actions and protect the security and integrity of the web site.
  • To confirm the accuracy of information we have received.
  • For any other use as may have been disclosed to you when we collected the information from you.

 

Accessing, Reviewing and Changing Your Personal Information and Options

In order to submit, review or change your personal information, you should go to the “My Account” section of the myAAEworld web site. There you can also select your preferences and elect to opt out of various procedures. Please allow ___ days for your preferences and options to take effect. Some communications or promotions may be developed in advance and it is possible that they may be received by you, contrary to your selections, if the arrangements were already fixed at the time your preferences took effect.

By selecting the appropriate preferences and opt out options, you are able to choose to receive or not to receive certain communications and to choose how your personal information may be disclosed under certain circumstances. You can change these selections at any time or from time to time. If your personal information changes or is or becomes inaccurate, you must promptly update and correct it. After you change your options or preferences, we may retain a record of your former preferences and options.

If you request that we close your account, we will do so as soon as is reasonably possible. After an account is closed, we may retain your personal information to comply with any legal requirements, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our web site Terms of Use and take other actions otherwise permitted by law.

 

Security of Your Personal Information and Use of Password

AAE protects the security of your personal information. Your information is stored on our servers located in the United States but from time to time we may store it on servers located elsewhere. We use encryption, passwords, physical security, etc. to help protect your personal information from unauthorized access, use or disclosure. However, we do not promise and cannot guarantee that the personal information or private communications you transmit to us will always remain private. Other parties may unlawfully intercept or access transmissions or private communications and other users may use your personal information that they collect from the web site in an improper manner. Therefore, you transmit personal information or private communications to us at your own risk.

You are responsible to keep your password confidential. Create a unique password and do not disclose it to anyone. If other persons also use your computer, you should always log out before leaving the web site to protect access to your information from others who use the computer. If you do share your password or your personal information with others, you are responsible for all actions taken under your account. If your password has been compromised for any reason, you should immediately notify AAE and change your password.

 

Cookies

The myAAEworld web site uses our own and third party "cookies" on certain pages of the web site to enable you to sign in for certain resources, to help customize your use of the web site, to store your preferences and to store items in your shopping card (for direct purchases from AAE) between visits to the web site. The cookies can save your time by eliminating the need to enter the same information each time you sign on to our web site. A cookie is a tiny piece of text that transfers to your computer's hard drive through your web browser as a small file. It enables the AAE computer system to recognize your web browser and allow you to use certain resources on our web site. Some of the resources on our web site can be accessed only through the use of cookies.

There may also be cookies that have been placed on our web site by third parties to help us display personalized content and appropriate advertising on your visits to myAAEworld.com and to measure the success of our promotions and advertising campaigns. Third party cookies might also deliver advertising to you based on your Internet activity and measure the success of that advertising. The cookies might disclose actions you take on the Internet such as the pages you view, the links and ads you click on and the web site where you were before you accessed a particular web page. If you do not want us to use personal information that we collect to allow third parties to personalize advertisements we display to you, please make the appropriate selection in your preferences. There may also be cookies placed on our web site by another user. We have no control over any third party cookies. This Privacy Policy does not cover the actions by third parties.

Most web browsers allow you to decline cookies and as long as your browser permits you to do so, you may decline them at any time. If you do decline them, it will probably interfere with your ability to access and use some of our resources. Most web browsers automatically accept cookies and you must change the setting to decline them or to alert you when you receive a new cookie.

 

Third Parties Web Sites and Third Party Transactions

This Privacy Policy only relates to the use and disclosure of information we collect from you. If you disclose your personal information to others, whether they are other users on this web site or persons on other web sites, this Privacy Policy does not apply and different rules may apply to their use or disclosure of the information you disclose to them. If you access another web site through a link from our web site, that web site may collect personally identifiable information about you. AAE cannot control the privacy policies of third parties or other web sites and you are subject to the privacy policies of those third parties and other web sites where applicable.

We encourage users who enter into third party transactions to disclose their privacy policies and practices to each other and to respect the privacy of each other. We cannot guarantee the privacy or security of your information under those circumstances. When users are involved in a third party transaction, they will obviously need to disclose certain personal information to each other in order to complete the transaction. If you obtain personal information from another person in connection with a third party transaction initiated through the myAAEworld web site, you must give the other party or parties an opportunity to review the information you have collected about them and an opportunity to remove themselves and their personal information from your database. The information that you collect should be used only to complete the agreed upon transaction or for other purposes where the other party has expressly consented to a use for those purposes.

We strongly recommend that you perform an appropriate due diligence investigation before you disclose your personal information to other persons or access other web sites or enter into third party transactions.

 

Changes to Our Privacy Policy

We may change this Privacy Policy at any time by posting the new terms on this web site. All new terms automatically take effect 30 days after they are initially posted on the web site. If we make any material changes in our use of your personal information, we will revise the Privacy Policy to reflect those changes and post the new terms. You should regularly review this Privacy Policy. If you have any questions about our Privacy Policy, you may contact AAE either by e-mail message to legal@myAAEworld.com or by regular mail or overnight delivery service addressed as follows:

Privacy Policy Supervisor AAE 1000 Enterprise Drive Royersford, PA 19468-1298

 

Right to Choose

You have the right to choose not to provide any information to AAE. If you do so, you will not be able to make a direct purchase from AAE and will not be able to access or use certain resources on the web site but that is your choice.

You also have the right to make various other choices such as whether to allow the use of collected personal information to enable AAE or third parties to personalize advertisements displayed to you, whether to receive e-mail, advertisements or other forms of communication and whether to accept cookies. Opting out of any of these features will prevent your full access, use and enjoyment of the myAAEworld web site but the choices are yours to make.

 

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