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Terms & Conditions

INTRODUCTION

Art+Imaging Studio, Inc. takes great pride in artimagingstudio.com website promoting and selling original limited art edition to the eventual User/Client. Art+Imaging Studio,Inc. recommends to the eventual User/Client to familiarize themselves with the legal Terms and Conditions clauses that apply to the use of the website and any services or products that the User/Client may require from Art+Imaging Studio, Inc.. and artimagingstudio.com website.

DEFINITIONS

Art+Imaging Studio, Inc.. shall be referred to AIS in this agreement.

artimagingstudio.com website, shall be referred to Website in this agreement

Terms of Agreement shall be referred to Terms in this agreement.

Person accessing AIS/BDC's website, shall be referred to User/Client in this agreement.

COOKIES

By accepting the use of AIS/BDC web sites, the User/Client acknowledges that when navigating the sites, a Cookie may be installed automatically on its browser. The User/Client accepts the use of Cookies when navigating the site, failing which some features of the sites may be denied to him. These Cookies are designed to allow a faster and more effective user navigation for the User/Client during his/her various connections on the site. The User/Client may, if he so wishes, disable the Cookies through the settings of the browser used to able access the sites.

ACKNOWLEDGMENT & ACCEPTANCE

The person using or visiting AIS/BDC 's website defined as artimagingstudio.com including all content as defined below or by accessing any associated content such as email feeds, RSS feeds, feeds through apps, and linked social media accounts collectively, the website, which is owned and operated by Art+Imaging Studio, Inc.. and Bernard Desjardins and its successors and assignees, the User/Client signify his or her agreement to the use of the website and current regulations stipulated as the Terms.

The User/Client acknowledge the reading and understanding of the legality and conditions set forth in the Terms and agree that such Terms have the same force, value, and effect as a signed agreement document.

TERMS OF USE

AIS/BDC's Privacy Policy containing important information regarding AIS/BDC's website security provided to the User/Client personal information including any information provided by the User/Client using the website.

AIS/BDC's Shipping & Return Policy containing important information forming the whole of this agreement and shall be collectively referred to as part of the Terms and apply to all communication, transaction and or purchase executed through AIS/BDC's website.

AIS/BDC agrees to promote and sell its original limited art edition to the eventual User/Client, through the website with the understanding that the User/Client, agree to these terms by pressing/clicking on the acceptance button below recognizing to be bounded by all these terms.

User/Client, refusing the acceptance of these terms, AIS/BDC shall confirm the inaccessibility to purchase any items from the website by the User/Client which shall be confirmed by pressing/clicking the non-acceptance button below recognizing the fact that the User/Client shall not be permitted to register or purchase art or services through the AIS/BDC's website.

The User/Client's purchase from the AIS/BDC's website indicates that the User/Client has had sufficient opportunity to access the Terms and contact AIS/BDC Customer Services with any questions regarding the understanding, acceptance, and compliance with the Terms and the User/Client intending to access the website is eighteen (18) years of age or older, and or have the consent of parents or legal guardian who is eighteen (18) years of age or older. The User/Client shall not order items or services from AIS/BDC if the User/Client is under eighteen (18) years of age and or does not have the consent of parents or legal guardian who is eighteen (18) years of age or older. If the User/Client is not in agreement to the Terms, please do not use AIS/BDC's website.

AIS/BDC reserve the right to modify or discontinue the website or any portion of its website, temporarily or permanently, with or without notice to the User/Client, and under no circumstance, is obligated to support or update the website. It is agreed that AIS/BDC shall not be liable to the User/Client, or third party, in the eventuality, that AIS/BDC exercises their right to modify or discontinue the website in its entirety or any portion. Unless explicitly stated otherwise, any new features that augment or enhance the current website shall be subject to these Terms.

AIS/BDC may change these Terms at any time. The User/Client shall review the Terms prior to their visit of the website. In the eventuality that AIS/BDC materially change these Terms, AIS shall publish and advise the User/Client of the changes through accessing the website and agreeing to be bounded by the most recent version of the Terms AIS/BDC's Terms include disclaiming warranties, liability, as well as releasing and indemnification by the User/Client and shall review those sections and all other Terms.

WEBSITE INFORMATION

AIS/BDC shall take reasonable care when placing information on the website in ensuring that published artwork's details, images, texts, prices and descriptions displayed are correct at the time. While AIS/BDC has attempted to show compositions, textures, appearances, and colors of the artworks as accurately as possible, noticeable color variations at delivery of purchased artworks and eventual framings may vary depending on the User/Client's monitor and computer equipment. AIS/BDC website cannot guarantee the item color accuracy reflecting an exact representation of the actual received artworks on the User/Client's computer monitor.

ORDER

Order placement submitted to AIS/BDC's website, the User/Client offers to purchase selected artwork and submit payment pursuant to these Terms. AIS/BDC reserves the right to accept or reject any order for any reason, including due to item unavailability, pricing error, image, or art description, purchaser's order error or inability to adequately verify the User/Client's information.

AIS/BDC reserves the right to terminate the User/Client's account for any reason, or request photo ID (or any other such documentation AIS/BDC deems appropriate) from the User/Client, as purchaser for verification purposes before approval and processing the order. A binding agreement will form between AIS/BDC and the User/Client, as buyer once the order has been processed or commence shipment of the order.

PRODUCT AVAILABILITY

The User/Client order is subject to availability and AIS/BDC shall use their best endeavors to ensure that ordered artworks are available for delivery and shall notify the User/Client when the item is unavailable soon after the User/Client has completed the pending order. At time, immediate notification to the User/Client may cause to reject an order where AIS/BDC establish the item unavailability for delivery. Alternatively, AIS/BDC may contact the User/Client advising of a delay in restocking the artwork and delivery of the order. Pending the User/Client's response AIS/BDC shall provide a purchase cancellation and refund the full amount paid for the unavailable artwork.

PAYMENT

AIS/BDC prices are quoted, and orders are calculated, in U.S. Dollars (USD). The User/Client shall pay for a selected artwork purchased on the AIS/BDC's website upon placement of order.

AIS/BDC accepts payment by American Express, Visa, MasterCard and PayPal and reserve the right to vary our accepted payment methods at any time without notice. If the User/Client's payment is not processed successfully, or if AIS/BDC anticipates a fraudulent or unlawful transaction

the said order may be cancelled at any time.

AIS/BDC and payment processing companies regulating ordered artworks will process, store, and use the User/Client's information relating to the website purchases and contact information including name, telephone number, address, email address, to process and fulfill the User/Client's transaction.

AIS/BDC's use, and all other uses of the User/Client's personal information are governed by our Privacy Policy.

TITLE OF ITEM

Title of product shall pass to the User/Client upon delivery or processed payment or otherwise by AIS/BDC. If the User/Client payment is declined or reversed for any reason, AIS/BDC reserves the right to reclaim the purchased artwork from the User/Client's possession, custody, or control even if the artwork(s) has been delivered to the User/Client or moved from the delivery address. AIS/BDC reserves the right to keep or sell the item with the understanding that any risk of loss, damage or deterioration to any artwork shall be assumed by the User/Client upon delivery.

TAXES

The artwork pricing specified on AIS/BDC's website do not include service charges such as shipping and taxes and the User/Client shall pay, any excess, sales, use or taxes, and therefore such prices are subject to increase in the amount of any such tax (excluding tax on net income) that AIS/BDC may be required to collect or pay upon sale or delivery of the purchased artwork. The User/Client agrees to pay AIS/BDC an amount equivalent to the taxes imposed on these charges in acceptance of the Terms.

DELIVERY

Please refer to the AIS/BDC Shipping Policy.

www.artimagingstudio.com/shipping

CANCEL ORDER

such order can be reviewed during the shopping process without the possibility of cancellation or stopping the shipment of the artwork at the customer's request after the purchase and payment has been completed. If an order has been incorrectly placed by the User/Client.

Please refer to the AIS/BDC Return Policy.

contact@artimagingstudio.com

RETURNS

Please refer to the AIS/BDC Return Policy.

contact@artimagingstudio.com

USER SUBMISSIONS

AIS/BDC shall not accept or permit the submission of text, graphics, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, Know-how, techniques, or other communications submitted by the User/Client and other party hosting, sharing and or publishing of the User/Client's intent other than the information required when placing an order on AIS/BDC's website.

AIS/BDC's website and User/Client understands that using the website, the User/Client shall be exposed to the User/Client Submissions from a variety of sources and that AIS/BDC shall not be held responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User/Client submissions while accessing AIS/BDC's website. The User/Client further understands and acknowledge the possibility of being exposed to inaccurate, offensive, indecent, or objectionable User/Client submissions and agree to waive and hereby do waive, any legal or equitable rights or remedies the User/Client have or may have against the AIS/BDC parties with respect thereto and agree to indemnify and hold the AIS/BDC parties harmless to the full extent of the law regarding all matters related to the use of the website.

ACCESS TO AIS/BDC WEBSITE

AIS/BDC allow the use of the website as set forth in the Terms, providing that the User/Client will not copy, download, or distribute any part of the website in any form or medium without AIS/BDC's prior written authorization, except as permitted in the Intellectual Property Rights section below; and the User/Client shall not alter, modify, or make derivative works from any parts of the website without AIS/BDC's prior written consent, except as permitted in the Intellectual Property Rights section below and shall otherwise comply with these Terms.

The User/Client shall not nor permit others to, license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights provided to the User/Client under the Terms, the website, or any content or materials accessible through the website, in whole or part. No other rights are granted herein except as expressly set forth in this agreement, any and all other rights are expressly assigned and reserved to AIS/BDC.

AIS/BDC may, in appropriate circumstances and at its sole discretion, disable or terminate the User/Client's account violating these Terms, including, but not limited to, the accounts of users who post the User/Client submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly and User/Client providing false or inaccurate information.

RESTRICTIONS TO AIS/BDC WEBSITES

In accessing the AIS/BDC's website, the User/Client shall not:

  • Provide false personal information or creating an account for anyone other than the User/Client's account without approval from AIS/BDC.
  • Create and operate more than one User/Client account without approval from AIS/BDC.
  • Create a User/Client account without permission following the disabling of a previous User/Client account by AIS/BDC.
  • Sharing of password, letting third party accessing the User/Client 's account or anything that can jeopardize the website and account security.
  • Sharing, assigning, or transferring the User/Client account login information to third party.
  • Using website crawlers, robots, scatters, ants, automatic indexers, bots, worms, and other such devices in connection to the website.
  • Posting, transmitting, or submitting any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, giving rise to civil liability, or otherwise violate the law.
  • Uploading, downloading, posting, emailing or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party.
  • Using the AIS/BDC's website in any manner that could damage, disable, overburden, or impair the website visually, or accessibility, or operation, or interfere with any other party's use of the website.
  • Obtaining or attempting to obtain any content through any means not intentionally made available by AIS/BDC.
  • The impersonation or misrepresentation of any person or entity or the User/Client affiliation with a third party.
  • Removal, modification, disabling, blocking, and obscuring or otherwise impair any advertisement regarding the website.
  • Collecting personally identifiable third-party information and or collecting User/Client's information for the purpose of sending, or to facilitate or solicitation encouraging the sending of, unsolicited grouped or single communications.
  • Solicitation of other user to join, become members of, or contribute money to any online service or other organization.

INTELLECTUAL PROPERTY RIGHTS

All visuals, hearing, or otherwise experienced on AIS/BDC website, including but not limited to graphics, videos, text, software, photographs, scripts, interactive features and the like collectively, content and the trademarks, service marks and logos contained therein mark, are property or licensed to AIS/BDC, subject to copyright and other Intellectual Property Rights under the United States and International laws and conventions. AIS/BDC's propriety consist of the copyright relating to the design, implementation in the selection, coordination, arrangement and enhancement of the website content. Any unauthorized use of any materials of the AIS/BDC's website may violate copyright, trademark, and other laws.

AIS/BDC's website content is provided to the User/Client in AS IS Condition for the User/Client information and personal use only. The User/Client personal use consists of viewing, copying, and printing pages of the website otherwise, the website may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without AIS/BDC prior written consent. The User/Client agrees not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of third parties User/Client submissions obtained through the website for any commercial purposes.

The User/Client may not incorporate the content into, or stream or transmit the content through any hardware and or software applications or make it available through online links unless expressly permitted in writing by AIS/BDC. The person accessing AIS/BDC's website shall not organize, or structure, or build a business using AIS/BDC's website content for any reason.

The User/Client agrees not to circumvent, disable, or otherwise interfere with inclusive security related features of the website or features that prevent or restrict usage or copying of any content or enforce limitations on use of the website or content herein. Intellectual Property Owner or agent thereof believe that either any content on AIS/BDC's website or any material or activity contained on online location to which AIS/BDC has referred or linked User/Client infringes upon your Intellectual Property Rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing AIS/BDC copyright agent the following written information.

  • A person physical and or electronic signature authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  • An identification of the copyrighted work claimed to have been infringed.
  • An identification of the materials claimed to have been infringed or subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AIS/BDC the location of the material or in case of referrals or links that are claimed to lead to infringement activity.
  • The information permitting communications between AIS/BDC and claiming party with name, address, telephone number and email address if available.
  • A correspondence stating in good faith the belief that use of the material in the manner complained of is unauthorized by the copyright owner, its agent, or by law and a document stating that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

The User/Client acknowledges that failing to comply with all the requirements of this section, the "DMCA" notice shall not be considered valid. Such email or notice addressed to AIS/BDC without proper subject line, or of purposes other than communication about intellectual property claims, may not be acknowledged by AIS/BDC.

TRADEMARKS

AIS/BDC recognize and respond to complaints that content infringing trademarks. Trademarks include logos, brand names, copyrighted graphic image, which is the distinctive visual appearance of the artwork or its packaging. As a trademark owner, you believe your rights have been infringed by the AIS/BDC's website, please submit a notification of infringement to AIS/BDC's agent listed in the procedure for making a claim of Intellectual Property Infringement section above. Submitting a notification, the trademark owner or authorized agent of the trademark owner shall confirm the ownership or representation of the trademark item. Upon submitting a notification of a trademark or trade item infringement, a copy of the relevant trademark or trade item registration(s) from the United States Patent and Trademark Office and stipulate the location on the AIS/BDC website where the proposed infringement is taking place.

COPYRIGHTS

This website, the images, photomontage, and any and all portions thereof are protected pursuant to copyright laws, international treaties and conventions, and other applicable intellectual property laws. All rights are reserved unless expressly indicated otherwise. Any reproduction, downloading, creative modification, publication, transmission, transfer, sale, distribution, performance, display, exploitation of the content, images, or portion thereof, without express written permission of Art+Imaging Studio is prohibited. Art+Imaging Studio will pursue through legal proceedings all copyright infringements to the full extent of the law to protect their rights.

DISCLAIMER LIMITATION OF LIABILITY

All items are sold in As Is Condition without any warranties from AIS/BDC and associates parties. The User/Client agrees that accessing and using the AIS/BDC's website shall be at his sole risk and that the website is provided as is and according to its availability to the full extent permissible by applicable law, AIS/BDC's company and associated parties disclaim all other warranties, expressed or implied (or if disclaiming implied warranties is not permitted by applicable law, AIS/BDC's company and associated parties expressly limit the duration of all other warranties to thirty (30) days from receipt of the applicable artwork, whether written or oral, relating to AIS/BDC artworks and services, the website and these Terms, including without limitation the implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, the use of reasonable care and skill, and noninfringement and warranties arising from a course of dealing and performance, or trade usage. Without limiting the foregoing, AIS/BDC does not represent or warrant that the information on the website or on any websites or online services linked to the website is accurate, complete or current; that the website or any service will operate without interruption or error; or that the quality, safety or legality of any content, artworks, services, information or other material purchased or obtained by the User/Client through the AIS/BDC's website or otherwise agreements entered with third parties. AIS/BDC and associated parties assume no responsibility for any errors, mistakes, or inaccuracies of content, personal injury, or property damage, of any nature whatsoever (including, without limitation, data loss or corruption), resulting from the User/Client access of the website, unauthorized access to AIS/BDC website server(s) and or any and all personal information and or information stored therein, interruption or cessation of transmission to or from the website, malwares, viruses, trojan horses, destructive computer codes, or the like which may be transmitted to or through the AIS/BDC's website by third party, and or loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the website. The User/Client acknowledge that AIS/BDC has no control over nor guarantees the quality, safety or legality of courses or events advertised, the truth or accuracy of any User/Client or advertiser's content or listings, or the ability of any User/Client or advertiser to perform, or actually complete a transaction.

AIS/BDC acknowledged that within the United States certain states do not allow disclaimer(s) of implied warranties or limitations on how long an implied warranty lasts, so the above disclaimer or limitation may not apply to the User/Client and the User/Client may have other rights which vary from state to state.

  • In no circumstance or event shall the AIS/BDC's company and associated parties be liable for damages arising because of any delay by AIS/BDC.
  • In no circumstance or event shall AIS/BDC and associated parties be liable for consequential, incidental, special, punitive, treble or exemplary damages or other similar damages (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of artwork replacements) suffered by the User/Client or claims made against the User/Client, arising out of or in connection with the website, inability to access or use the website, the artworks, services, or late supply of items, products or services related to the artwork assembly, the Terms, errors, mistakes, omissions, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from the User/Client access to and use of the website, unauthorized access to or use of AIS/BDC system, server(s), affiliated server(s) and, or any and all information stored therein, interruption or cessation of transmission to or from the website, malwares, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third party, User/Client submissions,third party websites; or any loss or damage ofany kind incurred as a result of the use of any content, theUser/Client business transactions or other interactions with anysuppliers, advertisers or sponsors wherein such content oradvertisement is posted, email, transmitted, or otherwise madeavailable through AIS/BDC's website, or the User/Clientattendance at any event posted on AIS/BDC website, regardless ofthe cause of action and regardless of whether AIS/BDC anAISsociated parties knew of the likelihood of such damages to themaximum extent permitted under law, where the liability cannot beexcluded, or total liability arising out of or in connection with theitems, the services or the Terms and the website and its content,however arising, including under contract.
  • Any claims relating to use of the website must be submitted within sixty (60) days from the date the cause of action arose. Claims brought after such period shall be void.

INDEMNIFY

The User/Client agrees to indemnify, defend and hold harmless AIS/BDC company and associated parties from and against any claims, losses, obligations, demands, liabilities, expenses, damages, costs, debt, actions, suits, and attorney's fees resulting from:

  • The User/Client use of, access to, or misuse of the website or AIS/BDC artworks, products, or services, the User/Client violation of any of these Terms.
  • The User/Client violation of any third-party rights, including without limitation any copyright, property, or privacy right.
  • Any claim that one of the User/Client submissions caused damage to AIS/BDC associated parties or third party.
  • Any activity related to the User/Client's AIS/BDC account, related to the User/Client internet account, or related to the User/Client email address and password (including negligent or wrongful conduct) by the User/Client or any other person accessing the website utilizing the User/Client internet account or email address.
  • Any transaction the User/Client conduct as a result of the contact facilitated by the website, the User/Client agree to cooperate with AIS/BDC (at the User/Client's expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of using, buying AIS/BDC artworks, products or services including but not limited to disputes, complaints, investigations, or litigation that arises out of or relates to incorrect information the User/Client has given AIS/BDC. The obligations under this clause will survive termination of these Terms, if AIS/BDC does take any legal action against the User/Client as a result of the User/Client violation of these Terms, AIS/BDC shall been titled to recover from the User/Client, and the User/Client agree to pay, all reasonable attorney's fees and costs of such legal action in addition to any other relief granted to AIS/BDC.

THIRD PARTY WEBSITE

The AIS/BDC's website may contain links to third party websites and AIS/BDC shall not be held responsible for the condition and or content of those websites as they are not operated by AIS/BDC or controlled and or managed by AIS/BDC. The User/Client accessing those websites and or use the website artworks, or products and services solely at the User/Client risk. The website operative links are provided solely for the User/Client convenience and do not indicate, expressly or impliedly, an endorsement by AIS/BDC of these websites or the products or services provided on those affiliated websites.

The User/Client accessing, using and or purchasing through the website expressly release AIS/BDC, its affiliates, and their respective officers, directors, employees, agents, shareholders, licensors, licensees, and suppliers (collectively the AIS/BDC Affiliates from any and alll liability arising from the User/Client, use of any third-party website or online service and from any loss or damage of any sort the User/Client may incur from dealing with any third party. Any concerns regarding an external link, should be directed to its responsible website administrator or webmaster.

With exception, as otherwise to the User/Client agreed with AIS, the User/Client may link to the website from the User/Client website or online services, subject to the following:

  • The User/Client may not frame the website or any portion of the website (except the User/Client may do so with accessibility provided through AIS/BDC, if any.
  • The User/Client agree not to override or hinder the functionality of an end-user's website browser's back function.
  • Linkage shall be identified using a plain text rendering of the AIS/BDC name and not any logo.
  • The User/Client shall not use any AIS/BDC logo and brand graphics in any way shape or form.
  • The User/Client shall not use the link in any way that suggest that AIS/BDC is associated with, endorses the User/Client or the User/Client website.
  • The link shall not appear on any website or online service that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages as or damages its rights, reputation or goodwill.
  • AIS/BDC may terminate the User/Client's right to link to the website at any time for any reason or lack thereof.

ERROR CORRECTION

There may be occasionally content on the website that contains typographical errors, inaccuracies or oversights relating to artwork and or item description, product and or artwork image, price, promotion, or availability. In this circumstance, AIS/BDC reserves the right to amend any of the above-mentioned errors and correct or update content information or cancel artwork or item listed on AIS/BDC's website or cancel received orders at any time without prior notice.

FORCE MAJEURE

AIS/BDC shall not be liable for any delay or failure to execute its obligation as stipulated in the Terms, if such delay due to any circumstance beyond control due to, natural disaster, fire, inundation, labor trouble unavailability of materials or components, accident, compliance with governmental requests, laws, regulations, other actions, or unforeseen circumstances. If for any reason AIS/BDC is delayed from performing its obligations due to such circumstance AIS/BDC reserve the right to terminate its User Agreement and advise the User/Client by email within five (5) business days.

WAIVER

Any failure by a party to insist upon strict performance by the other affiliations of any provision in the Terms shall not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by AIS/BDC of any of the Terms shall be effective unless expressly stated in its waiver and communicated in writing to the User/Client and or affiliates.

TERMINATION

AIS/BDC reserves the rights to immediately terminate these Terms, or the User/Client account access if breached by the User/Client. AIS/BDC reserves the right to deny access to the website to anyone, at any time, for any reason, without notice. AIS/BDC may change, modify or terminate the Terms of Agreement upon ceasing, or cancellation, or termination of the website.

TERMINATION EFFECT

Upon AIS/BDC termination or cancellation of these Terms, the User/Client shall immediately discontinue all access to and use of the website and destroy or delete all copies of content or materials accessed or obtained through the access to the website by the User/Client. AIS/BDC shall not be liable for any damages, or loss of reports or data, as a result of the termination or cancellation of these Terms; provided, however, the termination or cancellation of these Terms shall not affect any claim arising prior to such termination or cancellation.

ASSIGNMENT

The Terms, and any rights and licenses provided and acknowledged through these provisions, shall not be transferrable or assigned by the User/Client without AIS/BDC prior written consent with the understanding that AIS may assign such rights and licenses without restriction and or notice to the User/Client.

EXPORT CONTROL

Software and technical data transmission, if any, in connection with the accessibility and or usage of the AIS/BDC's website may be subject to export controls and shall be agreed by the User/Client to comply with all applicable laws regarding software and transmittal of technical data imported and exported from the United States.

GOVERNMENTAL LAW

The User/Client agree that the website operated by AIS/BDC shall be deemed a passive website that shall not give rise to personal jurisdiction over AIS, either specific or general, in jurisdiction other than Florida. The Terms of this agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. The User/Client expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be filed only in the state or federal courts located in the State of Florida, and the User/Client further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigation any such claim or action. The User/Client waive all defenses of lack of personal jurisdiction and forum non-convenience. Processing document served to the User/Client in the manner authorized by applicable law or court rule, the parties expressly reject the application.