Terms of use

Thank you for visiting the ASTONE Consulting site.

ASTONE LLC (“ASTONE”, “we” or “us”) is providing this website, https://www.astone.consulting/ as an information service. By accessing https://www.astone.consulting/ and any of the memorandums, text, information, materials, or other content therein (the “Site”), clicking “I ACCEPT” upon registration on the Site, and/or using the information, tools, content, and features located on it, you accept and agree to be bound by this Terms of Use (hereinafter the “Terms”), as may be amended from time to time. You represent that (1) you have read, understand, and agree to be bound by the Terms; (2) you are of legal age to form a binding contract with us; and (3) you have the authority to enter into the Terms personally or on behalf of the company you have named as the user, and to bind that company to the Terms. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you register on the Site. It is your responsibility to be aware of, and to comply with, the Terms and all applicable laws and regulations of any relevant jurisdiction, when using the Site and related services. If you do not agree to be bound by the Terms, you may not access or use this Site and we are unable to provide service for you.

IT IS UNDERSTOOD THAT, BY USING THIS SITE, YOU AGREE THAT ANY DISPUTE ARISING FROM OR RELATING TO THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ISSUES CONCERNING SERVICES PROVIDED THROUGH THIS SITE, WILL BE RESOLVED THROUGH ARBITRATION IN ACCORDANCE WITH CALIFORNIA LAW. BOTH PARTIES HEREBY WAIVE THEIR RIGHTS TO PURSUE SUCH DISPUTES THROUGH A COURT OF LAW AND JURY TRIAL, OPTING INSTEAD FOR ARBITRATION PROCEEDINGS. THE PARTIES ACKNOWLEDGE THAT CALIFORNIA LAW ALLOWS FOR JUDICIAL REVIEW OF ARBITRATION DECISIONS. BY ACCESSING THIS SITE, YOU AGREE TO ABIDE BY THESE ARBITRATION RULES.

1. Who We Are

This Site is maintained and operated by ASTONE, a distinguished BCG vendor specializing in elevating operational excellence and compliance within your organization. At ASTONE, we pride ourselves on being an extension of your COO office, meticulously handling day-to-day operational needs while delivering strategic solutions and insights. Our proficiency in regulatory compliance and governance frameworks exceeds conventional standards, ensuring unmatched excellence in operational integrity and security.

2. Eligibility; Accounts

THE SERVICES IS NOT AVAILABLE TO: (A) ANY USERS PREVIOUSLY SUSPENDED OR PROHIBITED FROM THE SITE BY ASTONE, OR (B) ANY PERSONS UNDER THE AGE OF THIRTEEN (13) WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN.

2.1. Acceptance.

By clicking the “I Agree” button or by otherwise using or registering an account for the services, you represent that (1) you are a US resident at least Thirteen (13) years of age;  (2) you are not a US resident, and are of legal age of consent to open an account under the laws of your country of residence; or (3) your use of our services has been approved by your parent or legal guardian. You also represent that you have not been previously suspended or prohibited from the services by ASTONE, and that your registration and your use of the services is in compliance with any and all applicable laws. 

2.2. Use of the Site.

Given the global accessibility of our Site, it is important to acknowledge that legal restrictions in various countries and jurisdictions may impact the information and services that ASTONE can provide to users. Additionally, users are expected to comply with specific guidelines, and your adherence to the Terms is appreciated in maintaining a lawful and secure online environment for all users.

You are prohibited from:

2.2.1. Engaging in actions that place an unreasonable burden on the infrastructure of this Site;

2.2.2. Using any device, software, or routine to disrupt or attempt to disrupt the proper functioning of this Site or any activity being carried out on this Site;

2.2.3. Attempting to decode, decompile, disassemble, or reverse engineer any of the software that constitutes or forms this Site;

2.2.4. Removing or modifying any materials posted on this Site by ASTONE or any other individual or entity;

2.2.5. Framing or linking to any of the materials or information available on this Site;

2.2.6. Impersonating any individual or entity or misrepresenting your association with any other individual or entity, whether real or fictitious, including anyone from this Site or ASTONE;

2.2.7. Unauthorized access to other computer systems, materials, information, or any services available on or through this Site through any means, including through means not intentionally made publicly available or provided for through this Site;

2.2.8. Engaging in “spidering”, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging in, or registering on this Site, or obtaining lists of users or other information from or through this Site including, without limitation, any information residing on any server or database connected to this Site;

2.2.9. Using this Site or the content of this Site, including but not limited to the text and images herein and their arrangement, to violate, plagiarize, or in any other manner infringe upon the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy, or rights of publicity or any other proprietary or legal right; uploading, posting, publishing, distributing, or otherwise transmitting any information or materials which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters, or pyramid schemes of any kind;

2.2.10. Disclosing any sensitive, proprietary, or confidential information about yourself or anyone else;

2.2.11. Attempt to (or encourage or support others to attempt to) circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site;

2.2.12. Using this Site or its services (or any Site Content (as defined below)), in whole or in part, or submitting any information to this Site, in violation of any applicable law, rule, or regulation.

2.2.13. Misappropriating the design or content of this Site, and altering or defacing such design or content in any way. Please download and use the Site Content solely for your own personal information, and do not grant any license with respect to such design or content.

2.2.14. Posting on or transmit to the Site or otherwise provide to us any user content or other material that: is unlawful; libelous; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially, ethnically or otherwise objectionable in any manner; is false, misleading, or constitutes an unfair or deceptive trade practice; promotes the use of alcohol, tobacco, or any illegal substance; contains any content which you have not obtained the necessary rights and permissions to use accordingly; implies or states that any statements you make (whether on or off the Site) are endorsed by the Site, without the prior written consent of us; constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy; infringes on any third-party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights; or contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware or other equipment. 

Any additional use or utilization of the Site, not explicitly stated herein as a prohibited action, is also prohibited by the Terms if it disrupts the normal operation of the Site, infringes upon the legitimate rights and interests of ASTONE, its affiliates, or a third party, or violates any applicable laws or regulations.

2.3. International Use

Due to the global nature of the Internet, this Site may be accessed by users in countries other than the United States. If you are under the age of Eighteen (18) (or the age of majority in the jurisdiction in which you reside), you confirm that you have received parental consent, if required in your jurisdiction, to open an account for our service and enter into the Terms. We make no warranties that materials on this Site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this Site, then you should not do so. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.

There are legal requirements in various countries and jurisdictions which may restrict the information which ASTONE can lawfully provide the user. Persons into whose possession the information in this Site comes should inform themselves about and observe any restrictions imposed in the jurisdiction in which the Site is accessed. Unless we have entered into a separate, mutually executed written agreement with you that demonstrates otherwise, we do not represent that our services are appropriate or available for use in jurisdictions outside the United States. The right to access and use the services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render ASTONE in violation of any applicable laws or regulations, including without limitation, applicable privacy laws.

3. Contact

In order to provide the best services to you, we may contact you through the information you have provided and record the relevant records of your communication with us, so as to improve the quality of our services in the future.

3.1. Consent to Phone Calls, Texts, and Emails.

You consent to receiving calls and texts from ASTONE at the phone number you provide to ASTONE verbally or via our Site, email or text (or the phone number that ASTONE issues to you in connection with voice service), as part of our established business relationship, and regardless of whether the phone number is on the federal Do-Not-Call Registry (or state equivalent(s)), for any purpose, placed by any means, including autodialed or prerecorded voice calls, and text messages. You may withdraw this authorization by contacting us.

Please note that we are permitted to send service-related text messages to customers such as service notifications, reminders, or outage and repair information without your express authorization, but will not do so upon your request. You acknowledge that you are responsible for charges for incoming text messages on your wireless phone(s). By providing a mobile phone number, you confirm that you are the current owner/subscriber of the mobile phone number provided or that the current owner/subscriber of this mobile phone number authorized you to provide this number (collectively, “Current Owner”) to ASTONE. You understand that by providing this mobile phone number, the Current Owner consents to being contacted by ASTONE and/or our agents and vendors at the mobile number provided. You agree to notify us immediately if there is any change in the information that you have provided to us, including without limitation any change in your telephone number or mobile telephone number. Failure to do so is a breach of the Terms.

You agree that unless otherwise specified, all notices required or contemplated hereunder will be provided by ASTONE by such means as ASTONE shall determine at its discretion. Without limiting the foregoing, you agree that ASTONE may provide any notices required or contemplated hereunder or by applicable law, including notice of changes to any of the following: (1) the Terms; (2) the Privacy Policy. An online version of the Terms, as so changed from time to time, will be accessible at https://www.astone.consulting/terms or such other online location designated by ASTONE.

3.2. Customer Service Monitoring.

With the aim of always giving you the best possible service, we may monitor and/or record courses and conversations that you have with us. We will use these to improve the quality of our customer service and our class environment. You consent to such monitoring and/or recording for these purposes.

4. Intellectual Property Right

The Site, the Site Content, and all other information and content available through the Site, are protected by copyright laws throughout the world. In consideration of the Terms set forth herein, you hereby agree to the following terms and conditions regarding the ownership and protection of intellectual property rights. 

4.1. Proprietary Materials; Licenses.

As between you and us, we own all rights, title and interest in and to this Site, all the content (including, without limitation, all text, audio, photographs, images, renderings, RSS feeds, podcasts, reports, memorandums, charts, logos, widgets, gadgets, applets, and video), software, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Site, and the compilation of the Site Content. The Site Content is protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any content provided and owned by users and except as otherwise set forth in this Section 4.1 (Proprietary Materials; Licenses), all Site Content, and all trademarks, service marks, and trade names, contained on or available through our services are owned by or licensed to ASTONE, and ASTONE reserves all rights therein and thereto not expressly granted by the Terms. Your use of the Site does not grant to you ownership or title of, in, or to any Site Content or any other part of the Site.

4.2. License Grant to Users.

ASTONE grants you a limited, non-exclusive, non-transferable and revocable right license to use our services provided on the Site, solely for your personal, non-commercial use, in accordance with the Terms and any constrictions or restrictions associated with the particular content or feature of our services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by ASTONE. Using our services does not give you the ownership of or any intellectual property rights in our services or the content you access.

In connection with your use of the service you should not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by ASTONE from accessing the service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the service or the Site Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the service or distributed in connection therewith are the property of ASTONE. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ASTONE.

4.3. Third Party Content.

As a convenience to you, we may provide links from this Site to websites operated by other entities, including websites that publish blogs, tweets, or other social media content written by ASTONE’s personnel. You agree that it is impossible for the ASTONE to monitor such materials and that you access these materials at your own risk, and you acknowledge that ASTONE may, but is not required to, pre-screen content, and ASTONE and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via our service. We make no warranty or representation regarding any materials or information in websites linked to or from this Site or any of the services described or offered thereon, nor do we endorse or accept any responsibility for the information, materials, services offered on such websites. Under no circumstances will ASTONE be liable in any way for any content or materials of any third parties (including the users of the Site), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. Without limiting the foregoing, ASTONE and its designees will have the right to remove any content that violates the Terms or is deemed by ASTONE, in its sole discretion, to be otherwise objectionable. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.

In addition, the content published in blogs written by our personnel does not necessarily represent our positions, strategies or opinions, regardless of whether or not we provide links to these blogs on our Site. Links do not imply that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of ASTONE.

4.4. User Content

4.4.1. Ownership, Licensing, and Preservation of User Content with ASTONE.

With respect to the content or other materials you upload through our service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all rights, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that you hold in your User Content, and ASTONE does not claim any ownership (copyright, trademark, or otherwise) over your User Content.

To the extent you provide User Content, you grant ASTONE a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting ASTONE the right to use User Content with our registered clients or our affiliates or partners. Nothing in the Terms shall restrict other legal rights ASTONE may have to User Content, for example under other licenses.

We reserve the right to remove or modify User Content for any reason. You acknowledge and agree that ASTONE may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, applicable laws or government requests; (2) enforce the Terms; (3) respond to claims that any content violates the rights of third parties; or (4) protect the rights, property, or personal safety of ASTONE, its users and the public. You understand that the technical processing and transmission of our service, including your content, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices.

Subject to the Terms, you may access, view, use and display the Site and Site Content on your computer or other Internet-capable device for your own, non-commercial purposes, provided that you comply fully with the Terms. You may not copy or display for redistribution to third parties any portion of the Site or the Site Content without the prior written permission of ASTONE.

Any other situations or circumstances not explicitly addressed in this Section 4 (Intellectual Property Right) shall also be subject to the intellectual property rights aspects outlined in this Section.

5. Third Party Websites; Links

Our service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. ASTONE has no control over such sites and resources and ASTONE does not endorse such sites and resources. You further acknowledge and agree that ASTONE will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. 

Therefore, be sure to protect the confidentiality of your account password when visiting these third-party websites, as we are not liable for any loss or damage arising from your failure to protect your password or account information. Any dealings you have with third parties found while using the service are between you and the third party, and you agree that ASTONE is not liable for any loss or claim that you may have against any such third party.

6. Disclaimer; No Warranties

The Site Content provided on our Site is for general informational purposes only. We do not warrant its accuracy, completeness, or reliability. We disclaim all liabilities for any reliance placed on such information.

6.1. No Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ASTONE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ASTONE FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK. 

Please ensure that your own computer security is comprehensive and up to date. We accept no responsibility for viruses, malware or other malicious or damaging software contained in the Site Content or otherwise.

For force majeure (“Force majeure” refers to an objective situation that is unforeseeable or foreseeable but unavoidable or overcome by both parties, the event hinders, affects or delays any party’s performance of all or part of its obligations under the contract. This event includes but is not limited to government actions, natural disasters, wars, network congestion or interruption, hacker attacks or any other similar events) or unforeseen reasons beyond our control (such as third-party maliciously attacking the systems, network failures of telecommunications service providers, etc.) that causes interruption or other defect (fault) of our services, we will do our best to mitigate the loss and impact caused to you, and we do not need to bear corresponding liabilities within this scope.

6.2. Disclaimers.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ASTONE expressly disclaims all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of the Site.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR SOLE RISK. NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. The Site may be subject to delays or other disruptions. In addition, although the information provided to you on this Site is obtained or compiled from sources (including, without limitation, information from third parties) we believe to be reliable, neither we nor any of our directors, officers, employees, agents, or content or service providers make any warranty as to (1) the results or analysis that may be obtained from your use of the Site or Site Content, (2) the accuracy, currency or completeness of the information on our Site, or (3) the reliability of any advice, analysis, opinion, statement or other materials displayed on, or distributed through, our Site. No advice or information, whether oral or written, obtained from ASTONE or through the Site will create any warranty not expressly made herein.

YOU ACKNOWLEDGE AND AGREE THAT ASTONE IS NOT LIABLE, AND YOU AGREE NOT TO HOLD ASTONE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES THAT ARE LINKED TO THE SITE, AND THAT THE RISK OF INJURY FROM SUCH PARTIES RESTS ENTIRETY WITH YOU. You are solely responsible for all of your communications and interactions with other users of the Site. You understand that ASTONE does not make any attempt to verify the statements of users of the Site.

6.3. Forward-Looking Statements.

The Site Content may contain forward-looking statements that are based on beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the economy, ASTONE itself. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence, and may not prove to be correct. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Furthermore, ASTONE undertakes no obligation to update, amend or clarify forward-looking statements, whether because of new information, future events or otherwise.

6.4 Limitations by Application Law.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7. Indemnification 

You hereby agree to defend, indemnify, and hold ASTONE harmless from and against any and all losses, liabilities, damages, and/or claims (including, without limitation, attorney’s fees and costs) arising from: (1) your access to, use or misuse of the Site and any Site Content; (2) a breach or alleged breach, or any violation of these Terms by you, your employees or agents; (3) a breach of any applicable law by you, your employees or agents; (4) any breach of the representations, warranties, and covenants made herein; (5) your breach or alleged breach of any interaction, agreement, or policy between you and any other users; and (6) any action against the ASTONE by a third-party as a consequence of any of the above.

ASTONE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ASTONE, and you agree to cooperate with ASTONE’s defense of these claims. You agree not to settle any such matter without the prior written consent of ASTONE. ASTONE will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You hereby release and forever discharge ASTONE (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any third-party sites). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

8. Security

While we endeavor to protect the security and integrity of the information we may collect from you via the Site, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that any information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. A third party could view the information you send in transit by electronic means. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

9. Modification of Terms

Please note that the Terms are subject to change by ASTONE in its sole discretion at any time. When changes are made, we will make a new copy of the Terms available at the Site. We will also update the “Last Updated” date at the top of the Terms. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

We may also terminate, change, restrict, suspend or discontinue any aspect of the Site, or your access to it, at any time without notice or liability to you.

10. Limitation of Liability

To the fullest extent permitted by applicable laws, we and our directors, officers, employees, agents, and content or service providers shall not be held liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to: (1) the use or inability to use the Site, materials or services; (2) the cost of procurement of substitute materials, goods or services resulting from any goods, data, information or services purchased or obtained or messages received for transactions entered into through the Site; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the Site; or (5) any other matter related to the Site, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory, even if such protected entity has been specifically advised of the possibility of such damages. If you are dissatisfied with this Site, or any materials or services on this Site, or with any of the Terms, your sole and exclusive remedy is to discontinue using the Site.

11. Termination

11.1. Termination by ASTONE.

ASTONE reserves the right to (a) restrict, suspend, or terminate: (1) any account (or any part thereof) you may have with ASTONE or (2) your use of the services, and (b) remove and discard all or any part of your account, user profile, and user content at any time without prior notice or warning in the event that the user and/or student breaches any provisions of the Terms (if any), or ASTONE deems, in its sole discretion, that the user demonstrates behavior that is detrimental to the welfare or safety of the employees of ASTONE or prejudicial to the good order or the reputation of ASTONE, or for any other reason that ASTONE deems fit and proper in its absolute discretion. ASTONE may also, in its sole discretion and at any time, discontinue providing access to the services, or any part thereof, with or without notice. You agree that any termination of your access to the services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that ASTONE will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ASTONE may have at law or in equity. As discussed herein, ASTONE does not permit copyright, trademarks, or other intellectual property infringing activities on our services and will terminate access to the services and remove all your content or other content submitted by any users who are found to be repeat infringers.

11.2. Termination by You.

You may terminate the Terms at any time (prospectively only) by expressly indicating that you are not willing to continue to use our services and meet the conditions for termination of this Site.

11.3. Responsibility for Pre-Termination Activity.

Termination of the Terms as to any user account will not limit ASTONE’s rights and remedies regarding any breach of the Terms occurring prior to such termination.

11.4. Information after Termination.

After the termination of the Terms, unless expressly specified by law, we are not obligated to disclose any information in your account to you or a third party designated by you. After the termination of the Terms, we will stop collecting and using your personal information, but we can continue to save other content and information that you kept on our Site.

11.5. Survival

Any provision which, its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Section 4 (Intellectual Property Right), Section 6 (Disclaimer; No Warranties), Section 7 (Indemnification), Section 10 (Limitation of Liability), Section 11 (Termination) and Section 12 (Miscellaneous).

12. Miscellaneous

This Section contains provisions addressing various matters not specifically covered in other sections of the Terms. It is important to carefully review this Section to ensure that all relevant issues are appropriately addressed. The provisions included here are intended to supplement and complement the other sections of the Terms, and they should be interpreted in conjunction with the entire Terms.

12.1. Notice.

Any notice or other communication to be given hereunder, including those regarding changes to the Terms, will be in writing and given by email (by us to the email associated with your account or by you to our email address), regular mail, posting on our Site, or other reasonable means.

12.2. Waiver.

The failure of ASTONE to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by ASTONE.

12.3. Governing Law

The Terms will be governed by and constructed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.

12.4. Dispute Resolution and Arbitration.

IT IS ACKNOWLEDGED THAT BY UTILIZING THIS SITE, YOU CONSENT TO RESOLVE ANY DISPUTES RELATED TO ITS USE, INCLUDING ISSUES CONCERNING SERVICES OFFERED THROUGH THIS SITE, THROUGH ARBITRATION AS PER CALIFORNIA LAW. BOTH PARTIES HEREBY RENOUNCE THEIR RIGHTS TO LITIGATE SUCH DISPUTES IN A COURT OF LAW WITH A JURY TRIAL, OPTING INSTEAD FOR ARBITRATION PROCEEDINGS. THE PARTIES RECOGNIZE THAT CALIFORNIA LAW PERMITS JUDICIAL REVIEW OF ARBITRATION DECISIONS. BY ACCESSING THIS SITE, YOU AGREE TO ADHERE TO THESE ARBITRATION REGULATIONS.

12.4.1. Generally.

In order to expedite and control the cost of disputes, ASTONE and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of our services or the Terms (“Dispute”) will be resolved as follows to the fullest extent permitted by law:

12.4.2. Notice of Dispute. 

In the event of a Dispute, you or ASTONE must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute to ASTONE at contact@astone.io with a copy sent by email to ASTONE. ASTONE will send any Notice of Dispute to you to your address if ASTONE has it, or otherwise to your email address. You and ASTONE will attempt in good faith to resolve any dispute through informal negotiation WITHIN SIXTY (60) DAYS FROM THE DATE THE NOTICE OF DISPUTE IS SENT. AFTER SIXTY (60) DAYS, YOU OR ASTONE MAY COMMENCE ARBITRATION.

12.4.3. Binding Arbitration. 

Any Dispute which has not been resolved by negotiation as provided herein within Sixty (60) days or such time period as you and ASTONE may otherwise agree, shall be finally resolved by binding arbitration as described in Section 12.4 (Dispute Resolution and Arbitration). You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The place of arbitration shall be San Francisco. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

12.4.4. Class Action Waiver.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CAN NOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

12.4.5. Arbitration Procedures.

Fees. Whoever files the arbitration will pay the initial filing fee. If ASTONE files, then ASTONE will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

Time Limits. If you or ASTONE pursues arbitration, the arbitration action must be initiated and/ or demanded within the statute of limitations (e.g., the legal deadline for filing a claim) and within any deadline imposed under the Commercial Arbitration Rules and Mediation Procedures for the pertinent claim. 

12.5. Other Guidelines.

When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.

12.6. Use of Your Equipment.

You shall equip yourself with broadband Internet access equipment and other software and hardware equipment required for using our services. We are not responsible for your equipment working properly. You are responsible for maintaining any equipment that you own that is necessary to use the services, including phones, computers, and gateways. We are not responsible if you are not able to use the services because your equipment does not work properly, is not compatible with the services, or does not meet the minimum specifications established by us. We will not be liable in any way for any loss or damage which is caused to your equipment.

12.7. Severability.

If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

12.8. Assignment.

The Terms, and any rights and licenses hereunder, may not be transferred or assigned by you without ASTONE’s prior written consent, but may be assigned by ASTONE without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

12.9. Headings.

The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

12.10. Entire Agreement.

The Terms constitute the entire agreement between you and ASTONE relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a revision to the Terms made by ASTONE as set forth in the Section 9 (Modification of Terms) above.

12.11. Language

The Terms are originally written in English. To the extent any translated version of the Terms conflicts or appears to conflict with the English version, the English version shall prevail.

13. Questions

If you have any questions, complaints, or claims, relating to the Site, please contact us at contact@astone.io. We will do our best to address your concerns.