Terms of Use
Welcome to Aisra.com . Aisra LLC and/or its affiliates (“Aisra”) provide website features and other products and services to you when you visit or shop at Aisra.com , use Aisra products or services, use Aisra applications for mobile, or use software provided by Aisra in connection with any of the foregoing (collectively, “Aisra Services”). Aisra provides the Aisra Services subject to the following conditions.
By using Aisra Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Aisra Services, and sometimes additional terms may apply. When you use an Aisra Service (for example, Your Profile) you also will be subject to the guidelines, terms and agreements applicable to that Aisra Service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, the Service Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your use of Aisra Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any Aisra Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Aisra Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Aisra Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Aisra or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Aisra Service is the exclusive property of Aisra and protected by U.S. and international copyright laws.
TRADEMARKS
Certain graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Aisra Service may be trademarks or trade dress of Aisra in the U.S. and other countries. Aisra’s trademarks and trade dress may not be used in connection with any product or service that is not Aisra’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aisra. All other trademarks not owned by Aisra that appear in any Aisra Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Aisra.
LICENSE AND ACCESS
Subject to your compliance with these Terms of Use and your payment of any applicable fees, Aisra or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Aisra Services. This license does not include any resale or commercial use of any Aisra Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Aisra Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Aisra or its licensors, suppliers, publishers, rightsholders, or other content providers. No Aisra Service, nor any part of any Aisra Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Aisra. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Aisra without express written consent. You may not use any meta tags or any other “hidden text” utilizing Aisra’s name or trademarks without the express written consent of Aisra. You may not misuse the Aisra Services. You may use the Aisra Services only as permitted by law. The licenses granted by Aisra terminate if you do not comply with these Terms of Use or any Service Terms.
YOUR ACCOUNT
If you use any Aisra Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.
Aisra does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Aisra Services only with involvement of a parent or guardian. By using any Aisra service, you represent that you are over the age of 18. If you do not qualify, you may not use Aisra or its services. You agree to provide true accurate, current and complete information about yourself as prompted by the registration form. Aisra reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Aisra reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. Visitors may also not tamper with or obtain access to Aisra or any component of this site; conduct fraudulent activities; or collect or harvest information regarding other users of Aisra for any reason whatsoever, including, but not limited to, for sending such users unsolicited commercial email.
If you do post content or submit material, and unless we indicate otherwise, you grant Aisra a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Aisra and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Aisra for all claims resulting from content you supply. Aisra has the right but not the obligation to monitor and edit or remove any activity or content. Aisra takes no responsibility and assumes no liability for any content posted by you or any third party.
You understand that once you post content, your content becomes public. We are not responsible for keeping any content confidential. In addition, we may be required to disclose your content to third parties if we have a good faith belief that access, use, preservation or disclosure of such content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Aisra, its users or the public as required or permitted by law.
COPYRIGHT COMPLAINTS
Aisra respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report in writing to customerservice@aisra.com please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying Aisra that your copyrighted material has been infringed.
RISK OF LOSS
All items purchased from Aisra are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Aisra does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Aisra does not take title to the refunded item. For more information about our returns and refunds, please see our Return policy.
PRODUCT DESCRIPTIONS
Aisra attempts to be as accurate as possible. However, Aisra does not warrant that product descriptions or other content of any Aisra Service is accurate, complete, reliable, current, or error-free. If a product offered by Aisra itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Aisra Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold by Aisra, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Aisra is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. If the displayed price is less than the actual price, Aisra will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.
We generally charge your credit card when the order is placed, even if the item is on backorder.
Independent Vendors
Parties other than Aisra provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Aisra does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other Terms of Use.
Aisra relies upon a network of independent vendors who supply some of the goods advertised on the Site and in some cases, drop ship them directly to the member. Independent Vendors are solely responsible for the content of advertisements and the goods that they sell through the Site. Without limitation, Aisra is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors, even if appearing on the Site or in emails from us. Nothing on the Site shall be deemed to confer on any person any license or right on the part of Aisra or any supplier with respect to any such image, logo or name.
Disclaimer of Warranty
THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, AISRA DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL AISRA OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF AISRA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF AISRA OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO AISRA FOR THE ITEM(S) IN QUESTION. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL AISRA OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF AISRA.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
Not Intended for International Use
We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any content or any copy or adaptation of such content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
Indemnification
By using this Site, you agree to indemnify, hold harmless and defend Aisra their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your content; (3) your breach of the Terms of Use; or (4) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Aisra reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Site.
Unavailability of Site
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Site, or your account or membership for any reason, including without limitation, breach of these Terms of Use. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. In addition, you acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will Aisra or its suppliers be held liable for any damages due to such interruptions or lack of availability.
Termination
If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately . If we terminate your use of the Site for failure to comply with these Terms of Use or otherwise for cause, we will not refund any fees you may have paid for goods we have shipped. You understand that we may also continue to make your User Content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Site.
We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
DISPUTES
Any dispute or claim relating in any way to your use of any Aisra Service, or to any products or services sold or distributed by Aisra or through Aisra.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Aisra Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Massachusetts, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Aisra.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Aisra Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Miscellaneous
Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Aisra with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Aisra with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Aisra to act with respect to a breach by you or others does not waive Aisra’s right to act with respect to subsequent or similar breaches. Aisra’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by us without restriction. We will not be liable to you for any delay or failure to perform any obligation we have under these Terms of Use if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.
Last updated: October 27, 2014
