Last Updated: February 19, 2021
Hello, and welcome to Aji’s offers.
Please agree to keep the following commitments as a participant.
They enable you and Aji to operate with our offers to produce the best possible outcomes for every participant to fulfill their financial, career and business intentions.
1. You will not share any personal information about any other participant without getting their written permission, first.
2. You will not make offers or promote your business to other participants without their permission and request for the offer, first.
3. For Aji Programs, you will attend all meetings and conferences included in the program, and complete all preparation and assignment requests on time.
4. Both parties — you and The Aji Advantage — have the right to cancel this agreement or withdraw from a program at any time and for any reason.
5. Fees are due monthly, or as otherwise agreed, and may change at any time.
No refunds will be given for monthly subscription payments.
Partial, pro-rated refunds will be given for advance payments based upon the remaining time in the program, minus any non-refundable deposits and sign-up fees.
6. Subscription-based programs may be cancelled at any time. All other notifications of cancellation or withdrawal must be made in writing and receipt acknowledged by The Aji Advantage using the addresses provided by The Aji Advantage and each participant.
Online recording consents:
Legal permissions about being recorded for online meetings, programs and courses are as follows.
At this time, you may give your legal consent in three ways: (1) to record you, (2) to use that recording for legal purposes, and (3) to identify you on the recording.
Because Aji’s offers are conducted online, use third party applications and are recorded, we need your consent for the first two of the three permissions only:
#1 – You consent to have your voice, picture, etc., recorded
#2 – You consent to allow The Aji Advantage to use your voice, video, etc.,
… in all forms and for any lawful purpose.
* You are not agreeing to the third legal consent, which is to be identified on the recording.
The Aji Advantage will request additional permissions from you before identifying you by name in a recording.
This agreement is intended to be simple and friendly. Because working online like this is new, and because you or your legal department might have questions, we’ve included formal legal language for the conditions you are agreeing to below.
Release Authorization
As a participant in any Program with The Aji Advantage, you hereby give permission to The Aji Advantage to use your name, voice, video, and photographic likeness (“Recording”) in all forms and media for advertising, trade, and any other lawful purpose.
The Aji Advantage will not, however, identify you by name and/or title without your consent.
Specifically, you consent to The Aji Advantage’s use of your Recording on The Aji Advantage websites and in publications, marketing, educational materials, derivative works, or any other media without compensation to you. You agree that all such Recordings of you, and any reproductions thereof, may be used in whole or in part, and are and shall remain the property of The Aji Advantage. The Aji Advantage has the right and may allow others outside The Aji Advantage to copy, edit, alter, retouch, revise and otherwise change the Recordings at The Aji Advantage’s discretion, and you waive the right to approve the final product.
You release and discharge The Aji Adventage, its agents, officers and employees from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of the Recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness, defamation, or copyright. All rights, title, and interest in the Recordings belong solely to The Aji Advantage.
Governing Law
The construction and performance of this Agreement shall be governed by the laws of the State of California. Any dispute, controversy or claim arising out of or relating to this Agreement or the performance of the Parties of its terms shall be settled by binding arbitration held in San Jose under the auspices and pursuant to the Commercial Rules of the American Arbitration Association. The Parties agree to conduct any arbitration in such a manner as to complete it within forty-five (45) days of the first notice of intent to arbitrate. The Parties agree to waive discovery except as ordered by the arbitrator. The Parties also agree to waive any right to trial or appeal. The prevailing party shall be entitled to an award of reasonable attorneys’ fees.
Severability
If any provision of this agreement is held unenforceable, then such provision shall be modified to reflect the parties’ intent. All remaining provisions of this agreement shall remain in full force and effect.
This Terms of Use Agreement (this “Agreement”) is a legal agreement between you and The Aji Advantage, Inc. (“The Aji Advantage,” “Aji,” or “We”) governing your use of our website: https://www.aji.com (“Website(s)”). By using or accessing this Website or downloading materials from this Website, you agree to be legally bound by this Agreement.
Updates to this Agreement
We may revise or otherwise change or update this Agreement. Please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. Changes will become effective immediately after they are posted. A current version of this Agreement showing the effective date is always available at this location. We encourage you to periodically review this Agreement to see if there have been any changes that may affect you. If you do not agree to this Agreement as modified, then you must discontinue your use of the Website(s). Your continued use of the Website will signify your continued agreement to this Agreement as it may be revised from time to time.
Authorized Use
While using this Website, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use this Website for any fraudulent or unlawful purpose, and you may not take any action to interfere with this Website or any other user’s use of this Website. In addition, we expect users of the Website to respect the rights and dignity of others. By way of example and not of limitation, you may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:
- Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through this Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
- Reproduce, duplicate or copy any portion of this Website, except as authorized by this Agreement;
- Sell, resell or otherwise exploit for any commercial purposes, the use of or access to this Website or any portion thereof without the prior written consent of The Aji Advantage;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with this Website, or express or imply that we endorse any statement you make;
- Violate or attempt to violate the security of this Website;
- Disseminate on this Website any viruses, worms, spyware, adware or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on this Website or to collect any information from this Website or any other user of this Website; or
- Assist or permit any persons in violating this Agreement or applicable statutes, orders, regulations, rules, and other laws governing the use of the Website.
Intellectual Property Rights
All content (“Content”) available through this Website is protected by copyrights, trademarks or other proprietary rights and laws. Except as set forth herein or otherwise agreed to in writing by The Aji Advantage or other rights owner(s), the use of any Content available on this Website is strictly prohibited.
All material and concepts presented, either orally or written, are confidential communications and are intended solely for your personal use in The Aji Advantage Subscriptions, Courses or Programs. All collaboration, including online collaboration, regarding course work and course materials, are to be held within the security of our website and not on any other internet site or forum.
You must obtain written permission from The Aji Advantage prior to:
- Showing or lending the materials to any third party;
- Using any of the materials and concepts, either directly or indirectly, in any course, workshop, training program or management program, in their present or modified form;
- Reproducing, copying, distributing, or transmitting in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system such materials and concept either in their present or modified form;
- Modifying, publishing, transmitting, creating derivative works from, distributing, displaying, or in any way exploiting any of the materials, in whole or in part;
- Uploading any of the materials in whole or in part, to a publicly accessible website.
Any rights not expressly granted herein are reserved.
User-Submitted Information
You are responsible for any Content you transmit through our Websites. You agree, represent and warrant that any Content you transmit through our Websites or to us is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such Content. You shall not upload, post or otherwise make available on or through this Website any Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from such a submission.
We do not want you to, and you should not, send any confidential or proprietary Content to us unless it is (a) transmitted to The Aji Advantage’s staff individually; (b) specifically requested by us; or (c) provided as tips/referrals/complaints, including those submitted through our Contact Us page. Please note that any Content sent to The Aji Advantage other than pursuant to (a)-(c) above will be deemed not to be confidential or proprietary.
By submitting Content, other than personally identifiable information or bank account information related to payments made through the Website, you grant to The Aji Advantage (or warrant that the owner of such Content has expressly granted to The Aji Advantage) a royalty-free, perpetual, irrevocable and unrestricted right and license (a) to use, reproduce, display, modify, adapt, publish, translate, transmit, distribute or otherwise make available to others such Content (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; (b) to exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such Content; and (c) to use your name, likeness and/or other biographical information in any and all media and/or communications. You also agree that The Aji Advantage is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose.
Secure User Accounts
Certain portions of our Website are accessible only to users who have been granted access and given login credentials (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself and your account that you have provided to The Aji Advantage.
You further agree that you are responsible for all activities that occur under your Secure User account. You are responsible for maintaining the confidentiality of your login credentials and you agree not to share your login credentials with any unauthorized parties. You also agree to notify us promptly of any unauthorized use of your login credentials or any other breach of security that you become aware of involving or relating to our Website by calling us at (408) 730-2234.
The Aji Advantage reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of this Website and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account.
WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Changes to the Website
We may make improvements and/or changes to this Website, add or remove features, or terminate the Website at any time without notice. We (a) reserve the right (but have no obligation) to change the Content or other offerings on the Website, at any time without any notice or liability to you or any other person; and (b) do not warrant that information on the Website is accurate, complete, reliable, current or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
Third-Party Content
Any information, statements, opinions or other Content provided by third parties and made available on our Website are those of the respective author(s) and not The Aji Advantage. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any information, statement, opinion or other Content on our Website other than from an authorized representative of The Aji Advantage acting in his or her official capacity. Under no circumstance will The Aji Advantage be liable for any loss or damage caused, directly or indirectly, by your reliance on any such third-party Content.
Links to Third-Party Websites
The Aji Advantage may provide on the Website, solely as a convenience to users, links to websites operated by third parties. If you use these links, you will leave our Website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Aji Advantage does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that The Aji Advantage is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of The Aji Advantage.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
Social Media Pages
The Aji Advantage may maintain a presence on social media websites, including Facebook, YouTube, LinkedIn and Twitter (collectively, “Social Media Pages”), to provide a place for the public to learn more about The Aji Advantage and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of The Aji Advantage. All visitors to our Social Media Pages must comply with the respective social media website’s Terms of Use. We review some but not all postings to our Social Media Pages, and may remove postings that we determine are inappropriate or offensive.
Other Policies and Terms
This Agreement applies exclusively to your access to and use of this Website and does not alter in any way the terms or conditions of any other agreement you may have with The Aji Advantage. Additional policies and terms may apply to the use of all or portions of the Website and are incorporated by reference into this Agreement. Please refer to and review all additional specific terms and conditions as applicable, including The Aji Advantage’s Privacy Policy, which describes how we collect and use information on and through this Website.
Termination
The Website and this Agreement are in effect until terminated by The Aji Advantage. In addition to any right or remedy that may be available to The Aji Advantage under applicable law, and subject to regulatory requirements, The Aji Advantage may suspend, limit or terminate all or a portion of your access to this Website or any of their features at any time with or without notice and with or without cause, including without limitation, if The Aji Advantage believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning authorized use, intellectual property rights, user-submitted information, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.
You agree that if your use of this Website is terminated pursuant to this Agreement, you will not attempt to use the Website under any name, real or assumed. You further agree that if you violate this restriction after your use of the Websites is terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.
Child Privacy
If you are under the age of 18, please do not use or access this Website. It is not our intention to collect or use personal information from anyone under 18 years of age, and we will not knowingly do so. If we are made aware that we have collected any personal information from children under the age of 18 and are asked to delete such information from our system, we will promptly do so.
Disclaimer of Warranty
THE AJI ADVANTAGE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THIS WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THIS WEBSITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK. THE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, THE AJI ADVANTAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Limitation of Liability
THE AJI ADVANTAGE AND EACH OF ITS BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE WEBSITE, THE WEBSITE’S CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURES. THE RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
THE RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASEES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Indemnity
You agree to indemnify and hold harmless The Aji Advantage and its Board members, directors, officers, employees, agents and contractors from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of these terms; (b) your activities in connection with this Website; or (c) unsolicited information you provide to The Aji Advantage through this Website.
Consent to Communication
If you provide us with a telephone number or email address, you expressly agree that we, or our authorized agents, can use that number or email address to contact you.
When you use this Website or send emails to The Aji Advantage, you are communicating with The Aji Advantage electronically. You consent to receive electronically any communications related to your use of the Website. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from The Aji Advantage intended for receipt by a user in connection with this Website shall be deemed delivered and effective when sent to the email address provided by the user on or through the Website.
Effect of Invalidity
In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of this Agreement shall remain effective.
Waivers
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
International Users
This Website is controlled, operated and administered by The Aji Advantage (or its licensees) from its offices within the United States of America and is not intended to subject The Aji Advantage to the laws or jurisdiction of any state, country or territory other than that of the United States. THE AJI ADVANTAGE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Website do so on their own initiative and at their own risk and are responsible for complying with all statutes, orders, regulations, rules and other laws of applicable jurisdictions.
Choice of Law
You agree that any dispute in connection with this Website, this Agreement or the Privacy Policy will be governed by the laws of the State of California and the United States of America. You also consent to the adjudication of any disputes arising in connection with the Websites in the state and federal courts located in the Northern District of California.
Liquidated Damages
You agree that it would be impracticable to determine the amount of damages caused by a breach of the provisions in these terms. Therefore, if you breach the terms of use set forth above, you shall pay to The Aji Advantage liquidated damages in the sum of $10,000 per incident of breach. You agree that the liquidated damages set forth in this paragraph represent reasonable compensation for the loss that would be incurred by The Aji Advantage due to any such breach.
Contact
If you have questions about this Agreement, or if you have technical questions about the operation of this Website, please contact us by completing the “Contact Us” form on the Website or by calling us at (408) 730-2234.
Your Acceptance by Electronic Signature
You hereby agree to the use of electronic communication in order to subscribe, place orders or create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through our Website(s). Furthermore, you hereby waive any right or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE AUTHORITY TO ACCEPT THE TERMS OF THIS POLICY AND RELEASE AND THAT YOU HAVE READ THIS POLICY AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE AJI ADVANTAGE WEBSITE, SUBSCRIPTIONS, COURSES OR PROGRAMS, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.
Your electronic signature certifies that you have read, understood, and agreed to the terms of this Participation Agreement and Terms of Use.
Thank you very much for being a part of our programs and subscriptions.