Advertising Specialty Institute, Inc. and its affiliates (referred to herein as “ASI,” “we,” or “our”) collect information about you when you use our website at www.asicentral.com and other websites, mobile application (the “ASI App”), or other online services that we operate (collectively, the “Services”).
Advertising Specialty Institute, Inc. Terms of Service
Effective Date: January 2, 2021
Prior Version: September 3, 2019
This Terms of Service(“Agreement”) describes the terms and conditions on which Advertising Specialty Institute, Inc., a Pennsylvania corporation with offices at 4800 E Street Rd, Feasterville-Trevose, PA 19053 “ASI,” “we,” “us” or “our”) offers you access to the mobile application, (the “ASI App”), any electronic logging device to which the ASI App connects, www.asicentral.com or any related website or service in or to which this Agreement is linked or referenced (collectively, the “Services”). These Terms do not apply to any application, website or service that does not display or link to these Terms.
If you are accessing and using the Services on behalf of your employer, an ASI member company, or a potential ASI member company (collectively “Company”) you are authorized to bind the Company to this Agreement. The use of “you”, or “your” shall mean you or the Company for which you are accepting this Agreement.
Before accessing and using the Services, please read this Agreement carefully because it is a legal agreement between ASI and you.
BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
Please read carefully the sections titled “DISCLAIMER OF WARRANTIES,” “LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION.” These provisions limit ASI liability to you and affect how disputes are resolved.
If you do not agree to any term of this Agreement, please do not use the Services.
1. CHANGES TO TERMS
The Effective Date of this Agreement is set forth at the top of this webpage. As we add new features, we may revise or supplement this Agreement. We will provide you with advance notice of material revisions to this Agreement. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of this Agreement, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of or agreements, notices or statements about this Agreement.
2. ADDITIONAL TERMS
Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the Services to which they relate. This Agreement and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail for the Services to which the Additional Terms apply.
3. ASI CONTENT
The content on the Services is copyright and/or trademark protected. You may not reproduce copy or redistribute the design or layout of the Services or individual design elements on the Services. Your company may not engage in data mining or similar types of activities. The Services also contain trademarks of other companies. Those trademarks are the property of their respective owners. You may not use ASI logos or other logos appearing on the Services without the express written permission of ASI or the owner of the other logos. Reproduction, copying or redistribution for commercial purposes of any materials or design elements from the Services is strictly prohibited without the express written permission of an ASI officer. You may not use any material on the Services to operate a service bureau. If you use any logo appearing on the Services, you are responsible for its use. If any portion of the Services allows you to post information or comments and you do so, you are responsible for the content. You agree to indemnify, defend and hold harmless ASI, its affiliates, successors and assigns and the directors, officers, employees and agents of each of them with respect to any claim, demand, loss, cause of action, debt or liability, including reasonable attorney fees resulting from your use of any logo and/or for the postings of information or comments.
If you repeatedly violate copyright laws, your access to the Services will be denied.
4. USING THE SERVICES
Age of Eligibility: You must be the age of legal majority or older in your place of residence to use the Services.
Your Account: You may be required to create an account (“Account”) to use certain features of the Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services.
You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. ASI treats access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. ASI may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify ASI using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.
Accessing the Services: You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.
Certain Services may offer text messaging (SMS or MMS) services. Message and data rates may apply. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “AS IS” basis and may not be available in all areas at all times.
BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT ASI MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.
We do not guarantee availability of the Services at all times of the day. ASI may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as provided in our customer agreements, ASI has no obligation to provide access to or support for the Services.
Restrictions on Your Use of Services: You may use the Services for lawful, non-commercial purposes only.
You agree that you will not (and you agree not to encourage or allow any third party to):
You can stop all collection of information by the ASI App by uninstalling it. You may use the standard uninstall processes available as part of your mobile device or via the App Platform (as defined below). You can stop collection of information by any of the other Services by ceasing to use such Services
The Services may include a variety of features, such as bulletin boards, chat rooms, interaction between users, and other features, such as personalized home pages and email services which allow users to communicate with others. ASI or its affiliates do not control the messages, information or files that you or others may provide through the site (“Submissions”) and is not responsible for any messages, information or file. It is a condition of your use of the site that you do not:
ASI has no obligation to monitor any bulletin boards, chat rooms, or other areas of the site through which you and other users can provide information or material. However, ASI, in its sole discretion may at any time, disclose any information as necessary to satisfy any law, regulation or governmental request, to reduce its potential legal exposure, or to refuse to post or to remove any information or materials, in whole or in part, that in the sole discretion of ASI are objectionable.
By sharing your Submissions, you grant ASI and our designees a worldwide, perpetual, irrevocable, transferrable, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise use your Submission in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) to provide, expand or promote the Services and ASI products without further notice to or consent from you. Under no circumstances are you entitled to payment for your Submissions. All Submissions are deemed non-confidential and non-proprietary.
ASI encourages you not to disclose any personal information in your Submissions because other people may see and use the personal information in your Submissions.
From time to time, ASI may offer you the opportunity to participate in challenges or other promotions (collectively, “Promotions”). You may not be transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM ASI, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where that they are prohibited, restricted or taxed.
BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE ASI AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.
7. DISCLAIMER OF WARRANTIES
ASI warrants that ASI has validly entered into this Agreement and has the legal power to do so. You warrant that you have validly entered into this Agreement and have the legal power to do so.
ASI SHALL NOT BE RESPONSIBLE FOR ANY CLAIM OR DAMAGES ARISING FROM OR CONNECTED WITH ANY INACCURATE OR INCOMPLETE INFORMATION TO WHICH YOU HAVE ACCESS. ASI AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY APPLICATION OF ANY INFORMATION, PRICING OR RESULTS, INTENDED OR UNINTENDED, OBTAINED THROUGH THE USE OF THE SERVICES. ASI AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR THE CORRUPTION OF ANY OF YOUR DATA, SOFTWARE OR EQUIPMENT WHEN USING THE SERVICES. THE USE OF THE SERVICES AND THE PRODUCTS, SERVICES AND INFORMATION ON THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND ASI MAKES NO, AND DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INTERFERENCE, NON-INFRINGEMENT, ACCURACY FOR INFORMATION, MERCHANTABILITY, QUALITY, SYSTEMS INTEGRATION AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT, ANY AND ALL PRODUCTS, SERVICES AND INFORMATION PROVIDED BY ASI AND ITS AFFILIATES UNDER, IN CONNECTION WITH OR RELATED TO THE SERVICES ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
8. LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES
IN NO EVENT SHALL ASI OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE SERVICES OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, DATA OR GOODWILL, WHETHER INCURRED OR SUFFERED AS A RESULT OF THE USE OR UNAVAILABILITY OF THE SERVICES OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ASI OR ANY OF ITS AFFILIATES HEREUNDER FOR ANY CAUSE EXCEED $100.00. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION AND/OR OTHER TORTS. IF THERE ARE MULTIPLE CLAIMS RESULTING FROM THE ACTIVITIES OCCURRING ON A PARTICULAR DAY OR RESULTING FROM THE SAME SERIES OF EVENTS, THE AGGREGATE LIABILITY SHALL NOT EXCEED $1,000.00.
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that ASI would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.
9. DISPUTE RESOLUTION
If you have a complaint about the Services, please contact ASI via email at [email protected].
To the maximum extent permitted by applicable law, you and ASI agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, this Agreement is governed by and construed and enforced in accordance with the internal laws of the State of Pennsylvania, without giving effect to the principles of conflicts of laws of such state, and is binding upon the parties hereto in the United States and worldwide.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
If you are a resident of the US: Any dispute between you and ASI and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement and its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement is subject to the exclusive jurisdiction of the federal and state courts in the Eastern District of Pennsylvania, other than for actions to enforce any order or judgment entered by such courts.
10. NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Services is:
If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of “Legal Department” at the above address.
11. INTERNATIONAL USE
If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.
ASI servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject ASI or its affiliates to any registration requirement within such jurisdiction or country.
You may terminate your Account at any time for any reason effective upon written notice to ASI. ASI reserves the right immediately to suspend or terminate your account and access to the Services without notice if ASI believes you violated this Agreement.
Termination will not limit any of ASI other rights or remedies. The sections titled ASI Content, Submissions, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, Mobile Applications, General Terms] and any other provision that is intended to survive termination shall survive termination of this Agreement.
13. DMCA COPYRIGHT NOTICE AND TAKEDOWN POLICY
If you are a copyright owner and you believe your work has been copied and used improperly on the Services, please contact our copyright compliance officer. Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the description and location of the alleged infringement the Services; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
Contact our copyright agent at: Charles B. Machion Advertising Specialty Institute, Inc., 4800 Street Road, Trevose, PA 19053, [email protected], (215) 953-3519.
Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Services is infringing, we suggest that you contact an attorney prior to sending notice.
14. LINKS TO OTHER WEBSITES AND SERVICES
The Services contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of ASI is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by ASI of the Linked Services or any association with the operators of the Linked Services. ASI does not investigate, verify or monitor the Linked Services. ASI provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
15. MOBILE APPLICATIONS
If you access and use the ASI App, then ASI grants you a limited, non-exclusive and nontransferable license to download, install and use the ASI App for your personal, non-commercial use on your personal mobile device or tablet.
Based on your device settings, when your device is connected to the internet, either the ASI App will automatically download and install all available updates or you may receive notice of or be prompted to download and install available updates. Please promptly download and install all updates to ensure that the ASI App operates properly.
If you download the ASI App from a third-party app store (the “App Platform”), you acknowledge and agree that:
16. APPLICABLE LAWS
The Advertising Specialty Institute®, (ASI®) operates the Services. By using the Services, both you and ASI agree that the statues and laws of the Commonwealth of Pennsylvania, without giving effect to any choice or conflicts of law, will apply to all matters relating to use of the Services. For all actions at law, suits in equity or other judicial proceedings concerning any aspect of the Services, you and ASI agree and consent to submit to the exclusive personal jurisdiction and venue of the Court of Common Pleas of Bucks County, Pennsylvania and/or the United States District Court of the Eastern District of Pennsylvania.
17. USE OF COMPANY DIRECTORIES
The information contained in any directories that may be provided on the Services is provided for business lookup purposes, and is not to be used for marketing or telemarketing applications, or for purposes of creating any database(s). This information may not be copied, placed in any database or re-distributed and is provided “AS IS” without warranty of any kind. ASI or any of its affiliates will not be liable in any way with regard to such information. You may not data scrape the Services or any site linked to the Services.
16. GENERAL TERMS
17. QUESTIONS ABOUT THE SERVICES
If you have a question about the Services, please contact ASI via email at [email protected].