ASSC Terms of Use

Last Updated June 29, 2022

These Terms of Use (or "Terms") are between you and the Anti Software Software Club LLC and our affiliates ("ASSC", "us" or "we") and, together with our Privacy Notice, govern your use of https://cohost.org/, https://antisoftware.club/, and other websites and platforms we own or control (collectively, the "Site"), mobile applications, products, merchandise, other services, or any portion thereof (the "Services"). Capitalized terms we use without providing a definition have the meaning given to them in the Privacy Notice. Additional, separate terms may apply to our Services, each of which will be considered to form part of these Terms.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND ASSC.

If you have any questions about these Terms or our Services, please contact us at [email protected].

  1. Acceptance. To use our Services, you must agree to be unconditionally bound by these Terms. You accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in any agreement or electronic form, or by visiting the Site or using another Service. If you are using or accessing the Services on behalf of a company or other entity ("Entity"), you represent, agree, and warrant that you are authorized to act on behalf of the Entity and to bind such Entity to these Terms. You must be of legal age and capacity to form a binding contract to accept the Terms. If you do not agree with any of these Terms, do not access the Site or use our Services.

  2. Eligibility. To use the Services, you must be (a) at least 18 years of age or (b) at least 16 years of age and your legal guardian must give ASSC prior express written consent to your use of the Services, as demonstrated by your legal guardian accepting these Terms on your behalf. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us for yourself or your child and that you meet all of the foregoing eligibility requirements. You may not access or use the Services if you are barred from receiving such services under applicable law or have previously been suspended or removed from any of our Services. If you do not meet all of these requirements, you must not use our Services.

  3. Services. The Services provide registered users and content creators ("Users") access to a social media platform that allows Users to communicate, post content, offer other Users paid subscriptions to access exclusive content, and engage in transactions for digital offerings on a User marketplace. ASSC reserves the right to suspend or terminate your use of the Services at any time if we believe you have violated these Terms or any other agreement with us, or any of ASSC's policies or protocols.

    As a User, you gain access to the Services for free or you can subscribe to the Services for the fee stated when you signup. You will have access to other Users' content and digital assets posted to the Services for others to enjoy.

    ASSC may offer Users the option to offer content or digital assets in exchange for a one-time or subscription fee ("Paid Content"). If this option is available to you and you post Paid Content, you will receive a designated percentage of the Fees (as defined in Section 9.1) paid by other Users for such access in the form of currency or account credit.

  4. License Grant. ASSC hereby grants you a revocable, nontransferable, nonexclusive license to access, view information contained on, and interact with the Site and other Services, as applicable, solely for your own personal use. You may not use the Services for any commercial purpose (except when transacting business with ASSC or with another User via the Services) or for any unlawful or wrongful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services or any portion of it (including the Contents) or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Services. Tampering with the Services, conducting fraudulent activities via the Services, and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Services. By using the Services or features thereof, you represent and warrant that (i) any information you submit to us is truthful and accurate, (ii) you will maintain the accuracy of that information, and (iii) your use of the Services and its features does not violate any applicable law, rule or regulation. Any information that you provide to us will also be subject to our Privacy Notice.

  5. Registration. Anyone may visit the Site, but to use most features of the Services you must register as a User and create an account by selecting login credentials (username and password) and provide us with accurate contact information and other information about yourself. You agree (i) to provide correct, current and complete information as prompted by the account creation form, and maintain and update such information as needed to keep it correct, current and complete; (ii) register only once using a single username; (iii) not to do anything that might jeopardize the security of your account; and (iv) to notify us immediately of any unauthorized access to or use of your credentials or any other breach of security. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur on your account.

    You agree to not (a) register on behalf of another person without the legal authority to do so; (b) register under the name of another person; (c) choose a username that constitutes or suggests an impersonation of any other person (real or fictitious) or entity or that you are a representative of an entity when you are not, or that is offensive; (d) choose a username for the purposes of deceiving or misleading our users and/or us as to your true identity; or (e) choose a username that incorporates a solicitation. You are strictly prohibited from sharing your login credentials with any third party, or otherwise permitting a third party to use the Services via your account.

  6. User Content. Users may upload, post, provide, publish, display, store, comment on, link to, or otherwise make available via the Services media, materials, attachments, digital goods or services, or other content ("User Content"). You agree to only post User Content that you own and that abides by our Community Guidelines. You may not post User Content that infringes others' intellectual property or proprietary rights. You understand that any User Content you make available may be viewed by and accessible to ASSC and other Users. You agree to provide support for your User Content. The User Content must not be stored in a data repository that would enable any third-party access. You must store all User Content in a manner which enables you to identify, segregate and selectively delete such User Content.

    You must own all rights, title, and interest, including all intellectual property rights, in and to, the User Content you make available on the Services. ASSC requires licenses from you for that User Content to operate the Services. By posting User Content on the Services, you grant ASSC a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your User Content.

  7. User Content License. If you make your User Content available to other Users, whether for free or on a purchase or subscription basis, you grant other Users a revocable, nontransferable, nonexclusive license to access, view information contained on, and interact with such User Content for the other User's personal, non-commercial use. If you access, purchase, or subscribe to another User's User Content: (i) you may not use such User Content for any commercial purpose or for any unlawful or wrongful purpose; (ii) you agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the User Content or any portion of it or use it in any unauthorized manner; and (iii) you agree to not copy, reverse engineer, translate, port, modify or make derivative works of any portion of the User Content without the User's express permission.

  8. Responsibility for User Content. You agree that ASSC only acts as a passive conduit for online distribution and publication of User Content. ASSC is not responsible for policing the Services or any User Content. ASSC does not and will not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality thereof and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on the Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services, is solely your responsibility. Without limiting the foregoing, ASSC reserves the right to collect and store any User Content, as well as any files, documents, or data related thereto, uploaded or generated via the Services on ASSC's information systems indefinitely in order to track and analyze work performed using the Services, or for any other lawful purpose. To the extent permitted by law, ASSC reserves the right to review and remove any or all User Content in our sole discretion, in whole or in part. UNDER NO CIRCUMSTANCES WILL ASSC BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SERVICES BY YOU OR ANY OTHER USER.

    Any User Content, Feedback, posts to Community Forums, or other posts to the Services is subject to our approval. We may withhold such approval for any reason, including but not limited to, if we believe such post(s) may violate these Terms, any law, or the rights of any third party. We reserve the right to remove any posts to the Services for any reason, but we have no obligation to police User activity.

  9. Billing and Payment. This Section 8 applies if your use of the Services incurs a fee.

    1. Fees. You agree to pay the costs and fees for all User Content, Merchandise, and other subscriptions or purchases you make on the Services, plus any applicable sales, use, excise, or other taxes (collectively, the "Fees"). Fee amounts are subject to change from time to time. You will pay any additional taxes as necessary to ensure that the net amounts received by ASSC after all such taxes are paid are equal to the amounts that ASSC would have been entitled to in accordance with these Terms as if the taxes did not exist. If you do not pay on time or if we cannot charge the payment method you have on file for any reason, ASSC reserves the right to either suspend or terminate your access to paid features on the Services. All Fees are in U.S. Dollars. PAID FEES ARE NONREFUNDABLE.

    2. Payment Method. You must maintain a valid payment method on file with us, which is securely stored and processed via a PCI-DSS payment processor. If your payment method is a credit card, we may seek pre-authorization of your account to verify that the credit card is valid and has the necessary funds or credit available to cover your Fees. You represent and warrant that the payment information you provide to us is accurate and you are using a form of payment that you are legally authorized to use. You agree that you are solely liable for any payment or credit card fraud, abuse or unauthorized use by you or others.

    3. Authorization. You agree that we may charge your payment method on file with us for the Fees or other amounts due hereunder, as well as any sales and use taxes and any late fees or interest (as described below). If you select a subscription with automatically recurring payments, you authorize ASSC to periodically charge your payment method on a going-forward basis for all accrued sums and until cancellation of either the recurring payments or your account.

  10. Merchandise. We may sell certain products or goods on the Services or through a third-party platform ("Merchandise"). These Terms govern your purchase of any Merchandise. All Merchandise prices listed are final and are subject to change in our sole discretion from time-to-time. Merchandise payments are processed through a PCI-DSS compliant third-party payment processor. All Merchandise is the sole intellectual property, including copyright and trademark, owned by ASSC and is not for your commercial or resale purposes. Merchandise purchased on a third-party website will be subject to the third-party terms and policies, and we will not be held liable for any issues you run into while purchasing Merchandise through any source other than our Services.

  11. Contents and Ownership. Except as otherwise expressly indicated herein, ASSC owns all rights, title, and interest, including all intellectual property rights, in and to, the Services and all elements, components, and executables (including without limitation all Merchandise, Feedback, User posts to Community Forums, images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information and screens appearing on the Services, and other materials, as well as names, logos, taglines, trade dress, and other trademarks therein) on the Services (the "Contents"). The Contents are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. Nothing in these Terms is intended to transfer to you any rights to the Contents or grant you any license to the Contents, except as specifically set forth in these Terms. Only a duly authorized officer of ASSC may grant permission or a license to use any of the Contents; any attempted grant or similar promise by anyone other than a duly authorized agent of ASSC is invalid.

    1. Copyright. You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Contents without the prior written permission of ASSC. You may only display, download, and print in hard copy format the Contents for the purposes of using the Site as an internal or personal business resource.

    2. Trademarks. ASSC's registered and unregistered trademarks and trade dress, including names, logos, taglines, trade dress, and other trademarks, may not be copied, imitated, or used, whether in whole, partial or modified form, without the prior written permission of ASSC. You may not use any meta tags or any other hidden text utilizing an ASSC name, trademark, or product name without ASSC's prior written permission. Third-party trademarks and service marks used on the Services are the property of their respective owners, and we use them with their consent. ASSC and the other licensors of the marks on the Site reserve all rights with respect to all Contents and all intellectual property.

    3. Feedback. While using the Services, you may provide us certain materials, communications, suggestions, comments, improvements, ideas or other feedback related to the Services ("Feedback"). You are solely responsible for your Feedback. You hereby grant to ASSC all rights, titles and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.

  12. Community Forums. The Services offer features that allow Users to communicate with one another and with ASSC such as comments, discussion forums, listings, and other features ("Community Forums"), all posts (and attachments) to which are ASSC Content. You are solely responsible for your use of Community Forums and use them at your own risk. You are responsible for all usage and activity in the Community Forums through your username and password, including use of your username and password by any third party. You should be aware that disclosure in the Community Forums of your full name, street address or other personal information raises safety concerns and may result in solicitations from third parties or unwanted communications. We disclaim any responsibility or liability arising from your disclosure of such personal information, or any other information, in the Community Forums.

  13. Use Restrictions. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services or any portion thereof (including our Content) or use it in any manner not expressly authorized by these Terms. You may not use the Services for any unlawful or wrongful purpose. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Services. Without limiting the generality of the foregoing, you understand and agree that you will not:

    • Use the Services or our Content for any purpose except in connection with your use of the Services and in compliance with these Terms.

    • Sell, lease, sublicense, or otherwise transfer, directly or indirectly, the Services or its features to any third party.

    • Use the Services for user profiling or advertising purposes.

    • Augment, commingle, or supplement our Content with personally identifiable or confidential information (including any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device) from any third-party source.

    • Use the user identification or authentication codes connected to any ASSC user to disclose information related to that user to any third party.

    • Implement features or business practices that unlawfully harm the professional reputation or relationships of ASSC or other Users.

    • Use the Services or Content in any manner that facilitates bias, discrimination, or data "redlining," whether intentional or inadvertent, based on sensitive or protected categories or characteristics.

    • Impersonate or intentionally misrepresent ASSC, a User, or a third party when requesting or publishing information related to your use of the Services.

    • Obfuscate or hide any ASSC buttons, sign-in functionality, or consent or authorization flows from your users.

    • Try to exceed or circumvent limitations on use of the Services.

    • Download, scrape, post, or transmit, in any form or by any means, any part of the Services.

    • Copy, reformat, reverse-engineer, or otherwise modify the Services or Content.

    • Promote or operate any product or service that competes with ASSC.

    • Interfere with or disrupt the Services, ASSC servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

    • Engage in any conduct that fails to comply with, or is otherwise inconsistent with, any agreement between you and ASSC or any written instructions provided by us.

    If you take any of the above actions or violate these Terms, we reserve the right to cancel your User registration, suspend or terminate your access to or use of the Services, or take legal action.

  14. Support. ASSC may provide technical support, upgrades, or modifications of the Services in ASSC's sole discretion. ASSC may cease providing technical support, upgrades, or modifications of the Services at any time and for any reason without notice or liability to you. ASSC may release new versions of the Services and require you to use the new version of the Services. Your use of new releases or versions of the Services will be acceptance of all modifications of the Services. ASSC may, in our sole discretion, make specific instances or versions of the Services available to you for use in connection with the Services. We may terminate such access to the Services, in whole or as to certain features, functions, or services thereof, for convenience, at any time.

  15. Compliance. You represent and warrant that (i) any information you submit to us is truthful and accurate; (ii) you will maintain the accuracy of that information; (iii) you have and will at all times maintain the right to provide all User Content provided by you hereunder; (iv) your User Content and any other materials you provide or submit to other Users or ASSC do not infringe the intellectual property or other rights of any third parties or contain viruses, worms, malware or any other harmful scripts or code; and (v) your use of the Services and its features does not violate any Applicable Law.

  16. Communications from ASSC. We may use your contact information you provide to us to communicate with you about your use of the Services. For example, we may send you service announcements or administrative communications by email, phone, text, or other means. You understand that you receive these communications as part of your use of the Services. We may send you marketing communications by email, mail, or other means in compliance with applicable law. As part of our policy to respect your privacy, we provide you the option of opting out from receiving marketing communications from us by following the instructions in our Privacy Notice. However, you will not be able to opt out from receiving service announcements and administrative messages.

  17. Data Security. Your network, operating system, and software of your web servers, databases, and computer systems (collectively "Systems") must be properly configured to securely use the Services. Your User Content must use reasonable security measures to protect our Content and any elements or components of the Services. You shall not architect, design, or select Systems in a manner to avoid these obligations. You must promptly report to ASSC at [email protected] any security deficiencies in, or intrusions into, your Systems that you discover. You will work with ASSC to correct any security deficiency and disconnect any intrusions or intruders as soon as practicable upon discovery of any such deficiency or intrusion. In the event of any security deficiency or intrusion involving the Services or our Content, you will make no public statements without prior written and express permission from ASSC in each instance, unless otherwise required by law.

    You hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of the Services or any activity being conducted thereon. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than the search engine and search agents that we make available via the Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

  18. Confidential Information. You agree that the Services and ASSC Content are deemed to be our confidential information and you will maintain the same in strict confidence and not disclose the same to any third party or use the same for any purpose other than your use of the Services. To the extent that you retain any Content after the termination or expiration of the Terms, this paragraph will survive the termination or expiration of the Terms.

  19. Consent to Do Business Electronically. By using our Services in any manner, registering as a User, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you affirmatively consent to (i) ASSC communicating with you electronically; (ii) receiving all applications, notices, disclosures and authorizations (collectively, "Records") from ASSC electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You must have a computer or other web-enabled device, connection to the internet, an active email account, and the ability to receive and read PDF files (such as Adobe® Acrobat® Reader) to conduct business with us electronically. You agree to be responsible for keeping your own Records. You may print or download Records from the Site and keep them for your own reference. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at [email protected]. Agreements and transactions executed prior to this request will remain valid and enforceable.

  20. Copyright Policy; DMCA. We respect the intellectual property rights of others and expect users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to our designated copyright agent ("Copyright Agent"). Our designated Copyright Agent to receive notifications of claimed infringement is:

    Jonathan Bailey
    CopyByte
    3920 General DeGaulle Dr.
    New Orleans, LA 70131

    Phone: 1-504-356-4555

    Email: [email protected]

    If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

    • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;

    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  21. Void Where Prohibited. The Services are owned and operated in the United States. Not all of our Services are available to all persons or at all locations. Access to our Services may not be legal by certain persons or in certain countries. YOu are solely responsible for verifying that the laws of the country or state (or other applicable jurisdiction) from which you access the SERVICES permit you to USE the SERVICES. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We reserve the right to limit, at our sole discretion, the provision of any such Services to any person or in any location. Any offer of a Service in these Terms shall be deemed void where prohibited.

  22. Third-Party Content. The Services may include third-party content and/or hyperlinks to websites, resources, or content owned or operated by third parties, over which we have no control ("Third-Party Content"). Third-Party-Content available on the Services is provided solely for your convenience. We are not responsible for the content of any Third-Party Content, nor do we make any representations about the content or accuracy of material on any other platforms. Inclusion of Third-Party Content on our Services does not imply our approval or endorsement of the Third-Party Content. Please be aware that when you click on links that take you to external platforms or content, you do so at your own risk, and you will be subject to their privacy policies and practices and not ours. Any concerns regarding any such website, service, or resource should be directed to the respective third party.

  23. Term and Termination. The term of these Terms starts on the first day you access, use, or register as a User (whichever is earliest) on the Services and continues until you discontinue all use of our Services or until otherwise terminated as provided herein. If you purchase a subscription, unless otherwise stated at the time of subscription the subscription will automatically renew at the conclusion of each subscription term if you do not first cancel or change your subscription. ASSC may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your User account. All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  24. Disclaimer of Warranties. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. ASSC MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ASSC does not warrant that the SERVICES will meet all of your requirements or that its operations will be uninterrupted or error free, or that any defect within the Services will be corrected. No oral or written information, representation or advice given by ASSC shall create a warranty without a writing signed by ASSC EXPRESSLY CREATING such warranty.

  25. Indemnification. You agree to indemnify and hold ASSC, our subsidiaries and our affiliates, and their respective MEMBERS, directors, SHAREHOLDERS, officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, damages, or demand, including without limitation reasonable attorneys' fees, due or relating to or arising out of (i) your use of THE SERVICES in violation of THIS AGREEMENT, (ii) your breach of THESE TERMS, or (iii) any breach of your representations and warranties set forth in THESE TERMS.

  26. Limited Liability. ASSC SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASSC BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF ASSC KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ASSC BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE AGGREGATE OF THE FEES PAID BY YOU TO ASSC FOR THE SERVICES DURING THE THREE MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR, IF NO FEES WERE PAID DURING SUCH THREE MONTH PERIOD, ONE HUNDRED US DOLLARS ($100), IN EACH CASE, WHETHER OR NOT ASSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  27. Class Action Waiver. You hereby waive any right to commence or participate in any class action lawsuit against ASSC related to any claim, dispute or controversy, and, where applicable, you hereby agree to opt out of any class proceeding against ASSC otherwise commenced ON OR AFTER THE EFFECTIVE DATE OF this AGREEMENT.

  28. Dispute Resolution. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES~~,~~ AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute, controversy or claim between you and ASSC arising out of or relating to these Terms, or the breach thereof, our provision of the Services, your access to or use of the Services, or any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a "Dispute") will be governed by the procedure outlined below. In the event of any Dispute between the Parties concerning the terms and provisions of these Terms, the prevailing Party shall be entitled to collect from the other Party all costs incurred in such dispute, including reasonable attorneys' fees.

    1. Informal Dispute Resolution. We want to address your concerns without the necessity of a formal legal case. Before filing a claim against ASSC, you agree to try to resolve the Dispute informally by contacting [email protected]. ASSC will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or ASSC may bring a formal proceeding.

    2. Arbitration Agreement. You and ASSC each agree to resolve any Disputes through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Seattle, Washington, United States, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. Notwithstanding the foregoing, either you or ASSC may assert claims, if they qualify, in small claims court in King County, Washington or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

    3. Class Action Waiver. You may only resolve Disputes with ASSC on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.

    4. Intellectual Property Disputes. Notwithstanding the Parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these Terms. Either Party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

    5. Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever. To the extent that the arbitration agreement is not enforceable, each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in King County, Washington for resolution of any lawsuit or court proceeding permitted under these Terms.

  29. General Terms. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without prior written consent from ASSC. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. ASSC's failure to enforce any provision of these Terms will not be deemed a waiver of that provision or any other provision of these Terms. If any provision of these Terms is held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or shall be severed from the document if, and solely, to the limited extent such construction is not possible, and the remaining portion of these Terms shall remain in full force and effect. These Terms may be executed by the parties in one or more counterparts, each of which when so executed and delivered shall be an original and such counterparts shall together constitute one and the same instrument. No joint venture, partnership, employment, or agency relationship exists between you and ASSC as a result of these Terms or your use of the Services.

  30. Amendments. We may amend these Terms from time to time by updating this page as evidenced by revising the "Last Updated" date noted at the top of this posting. Once you accept these Terms, the then-current version shall apply each time you access or use the Services. Nothing in these Terms will be deemed to confer any third-party rights or benefits.