D) Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through the use of the Website. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of marketing and/or promotion of the Aerojet. If, at our request, you send content (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of Aerojet. None of the Submissions shall be subject to any obligation of confidence on the part of Aerojet, and Aerojet shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Aerojet shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
E) Repeat Infringer Policy. Aerojet will terminate a user's access to a MS Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
F) No Intended Third Party Beneficiaries. No third party is an intended beneficiary of this License.
13. Arbitration and Governing Law
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Aerojet, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Aerojet in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). AS FURTHER SET FORTH IN SECTION 14, YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in Delhi, India. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Delhi without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the law of India.
14. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Aerojet and you agree that Aerojet and you will resolve any disputes, claims or controversies on an individual basis, and that any disputes, claims, and controversies arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability) or the Aerojet (for example, relating to any person’s access to or use of the Aerojet, or the provision of content, products, services, or technology on or through the Aerojet, or the handling of information collected on the Aerojet), will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Aerojet and you further agree that Aerojet and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to these Terms of Service (such as with respect to their validity or enforceability) or the Aerojet (for example, relating to any person’s access to or use of the Aerojet, or the provision of content, products, services, or technology on or through the Service, or the handling of information collected on the Aerojet).
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in court located in Delhi, India.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Aerojet, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Service (such as with respect to their validity or enforceability) or the Aerojet (for example, relating to any person’s access to or use of the Aerojet, or the provision of content, products, services, or technology on or through the Aerojet, or the handling of information collected on the Aerojet).
15. How to Contact Us
If you have any questions about this Terms of Service or our information-handling practices, or wish to review, amend or delete any personal information we are storing, please contact us by email at email@example.com
ADDENDUM A: SUPPLEMENTAL TERMS PERTAINING TO
MYWAY SERVICES (THE “SUPPLEMENTAL TERMS”)
Without limiting any of the restrictions, limitations, or rights we have reserved that are set forth in the Terms of Service, the following terms also apply, if you use services provided through the www.aerojet.co platform, including email services, and access to “Aerojet”-branded or provided forums and communities (the “Aerojet,” as defined in the above Terms of Service).
1. Compliance With Terms of Service and these Supplemental Terms. If you fail to comply with the Terms of Service of these Supplemental Terms at any time, we reserve the right to terminate your access to all or some of the Aerojet, which may include disabling your Aerojet email account. We may discontinue or alter any aspect of the Aerojet, including, but not limited to, (i) restricting the time the Aerojet are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Aerojet, at our sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Aerojet. You are also responsible for obtaining or providing all access lines, including DSL, cable, or other network services or devices necessary to access the Aerojet.
2. Registration. In order to use certain of the Aerojet, such as email-related services, you must provide certain registration information. You agree that Aerojet user names are our property, and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, an Aerojet user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that your user name may be viewed by the public, so you should not choose a user name that personally identifies you unless it is your purpose to do so.
If you elect to register to use the Aerojet, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Aerojet registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or if we have reasonable grounds to suspect that such is the case, we may suspend or terminate your account and refuse any and all current or future use of the Aerojet website and/or Aerojet (or any portion thereof).
In addition to any other Registration Data we may require, to register with Aerojet you will be required to choose a password and an account name. You are solely responsible for maintaining the confidentiality of any password you may use to access the Aerojet, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Aerojet, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the Aerojet, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
5. Forums; Email Service. Through Aerojet-branded products and services, we may offer users access to Forums, and may also provide registered users with access to email services. A "Forum" refers to a bulletin board, virtual community or other means for users to engage in public commentary or discussion. Forums and e-mail services are offered for personal, non-commercial use only. You agree to not, without our express written approval, distribute or otherwise publish via any of the Aerojet any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
As with all Aerojet, your privilege to use Aerojet email and participate in the Forums is dependent on your continued compliance with the Terms of Service and Supplemental Terms, specifically including the Community Standards and Conduct listed below. We may revoke your privileges, terminate your registration/account or take any other measures deemed by us to be appropriate, in our sole discretion, to enforce the Terms of Service and Supplemental Terms if violations are brought to our attention.
In addition to any other rights or remedies available to it, Aerojet reserves the right to immediately suspend, terminate, access and investigate the email or user account of any user upon receipt of a subpoena or law enforcement request, or when Aerojet believes, in its sole discretion, that a user is transmitting or is otherwise connected with the distribution of unsolicited bulk email messages (SPAM) or any harassing email messages, or with any fraudulent, misleading, harmful or illegal activities. Because of the difficulty associated with quantifying damages, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages of $5 for each piece of unsolicited bulk email transmitted from or otherwise connected with your account or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay our actual damages, including any associated attorney’s fees, to the extent such actual damages can be reasonably calculated.
You should consider all Forum communications to be public and not private communications. Although we reserve the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive.
We reserve the right to monitor some, all, or no areas of the Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute content, we act as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any content or activities in any Forum or email.
6. Submissions. If, on your own or at our request, you submit content (e.g., postings to Forums, responses to surveys, etc.), communications, creative suggestions, ideas, notes, drawings, or other information (collectively, "Submissions"), you hereby grant us, and our corporate affiliates, a royalty-free, perpetual, irrevocable, sub-licensable, transferable, worldwide license to use, copy, modify, incorporate into other works, display, perform, transmit and distribute such Submissions or any portion thereof, in or through any medium, whether now known or hereafter created. We shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the submitter. You represent and warrant that you own the contents of any Submission or otherwise have sufficient rights in the Submission to grant to us the license set forth above.
7. Aerojet Email Storage and Delivery; Termination of Inactive Accounts. If you obtain email services as part of the Aerojet, the amount of email storage space per member may be limited. Email accounts may be archived at such time intervals as we or our third party service provider(s) determine in their sole discretion. Some Email messages may not be processed due to space constraints, outbound message limitations or disruptions in the system(s). You agree that we are not responsible or liable for the deletion or failure to store messages or other information.
Email accounts may be terminated and/or deleted from our system if they remain inactive for a period of ninety (90) or more days. In the event of a suspension or deletion of an email account, messages (whether sent, received, in draft form or archived) and address book entries will no longer be accessible.
8. Additional Disclaimers Applicable to the Aerojet. In addition to the Disclaimers of Warranties set forth in the Terms of Service, Please Note the below disclaimers applicable to the Aerojet:
b. Disclaimer: No Service-Level Commitments. There are no service-level commitments made with regard to the Aerojet. Without limitation, we make no warranty that the Aerojet will meet your requirements, that they will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the Aerojet will be accurate or reliable, or that the quality of any products, services, information or other material obtained through the Aerojet will meet your expectations.
c. Disclaimer: No Warranty As to Downloaded Materials. Any material you download or otherwise obtain through the use of the Aerojet is downloaded or obtained at your sole risk and you will be solely responsible, assume all risk, as to any damage to your computer system or loss of data that results from the download of any such material.
d. Disclaimer: No Warranty As to Advice or Information. No advice or information obtained by you from Aerojet Personnel, or through the Aerojet, including any content posted or linked to, shall create any representation, warranty or guaranty not expressly provided for in these Terms of Service.
e. Disclaimer Regarding Financial Information. The Aerojet may allow you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The Aerojet, including all such financial information, are provided for informational purposes only, and no information you may obtain is intended by us to be used for trading or investing purposes. We shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the Aerojet, and shall not be liable for any trading or investment decisions made based on such information. Content posted on or through this website is not a substitute for the advice of a financial adviser or other professional, and should not be relied on as such.
f. Disclaimer Regarding Shopping Retailers.
The Aerojet may provide shopping services to help you locate and potentially purchase products from online and offline retailers. We do not control these independent retailers, nor do we provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services.
When using or accessing the Aerojet, you acknowledge and agree that:
We do not endorse any of the products or services linked to, from or through the Aerojet, nor have we taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through us or through their own Web sites. We expressly disclaim any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.
9. Aerojet Community Standards. In addition to the Community Standards and Conduct set forth in the Terms of Service, above, if you use or access the Aerojet, you agree not to use the Aerojet (including, without limitation, the email service and the Forums) to:
- upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm or provide inappropriate content to minors;
- impersonate any person or entity, including, but not limited to a Aerojet or Aerojet employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Aerojet;
- solicit other users of the Aerojet to join or become members of any online or other service;
- upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Aerojet or a Aerojet Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Aerojet or servers or networks connected to the Aerojet, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the Aerojet;
- "stalk" or otherwise harass another member or user of the Aerojet; or
- collect or store personal data about other users, or members.