VerifyReg™ Terms and Conditions
Customer (“You”) hereby agree to these Terms and Conditions of VerifyReg™ (“Terms & Conditions”) as an express condition to your participation in the VerifyReg™ program of AIM Global. Any additional or conflicting terms to the Terms and Conditions shall have no effect. The English version of these Terms & Conditions shall control over any translations.
ANNUAL VERIFICATION
By signing these Terms & Conditions, you represent that you have completed, or will complete, the verification and final packaging and labelling as required for the VerifyReg™ program. You acknowledge that you must complete the verification for the VerifyReg™ program and, as requested, sign these Terms & Conditions on an annual basis. AIM Global reserves the right to require you to recomplete the Terms & Conditions at any time.
LEGAL COMPLIANCE
At all times during your participation in the VerifyReg™ program, you agree to act in good faith, in a professional and workmanlike manner, to the best of your ability, and in accordance with these Terms & Conditions and all applicable laws and regulations.
INTELLECTUAL PROPERTY
You acknowledge that AIM Global is the sole owner of, and shall retain title to, any and all of the intellectual property rights, including without limitation any logo, designs, copyrights, trade dress, domain names, corporate name, trademark, patents, inventions and know-how, whether they are registered or unregistered, on VerifyReg™, throughout the world (hereinafter referred to as “Intellectual Property Rights”). AIM Global reserves all rights, including all Intellectual Property Rights, relating to any and all confidential or proprietary information made available to Customer in the context of participation in the VerifyReg™ program. You acknowledge that the Intellectual Property Rights, as well as all rights and goodwill associated in any way to the VerifyReg™ program, shall remain vested in AIM Global during and after the term of Customer’s participation in the VerifyReg™ program. Customer undertakes not to do or cause or permit to be done anything which may infringe or endanger AIM Global’s Intellectual Property Rights. Participating in the VerifyReg™ program by Customer Services does not confer and/or does not transfer to Customer any Intellectual Property Rights with respect to the VerifyReg™ program.
PERSONAL DATA
By and through participation in the VerifyReg™ program, you may provide AIM Global with access to certain information that can be used by itself or in combination with other available information to identify a specific individual (“personal data”). You agree to comply with all applicable laws and regulations relating to information privacy, security, and data protection, including personal data. You shall be solely responsible for providing and obtaining any legally required notice, consent and authorization that may be required by applicable law from individuals with respect to personal data supplied by or on behalf of Customer to AIM Global in connection with your participation in the VerifyReg™ program. With respect to any personal data is disclosed to AIM Global hereunder, you represent and warrant that you have the right to disclose such data, and AIM Global shall have the right to use such data in connection with the VerifyReg™ program. AIM Global will process information in accordance with AIM Global’s Privacy Policy (https://www.aimglobal.org/privacypolicy.html). In the course of the VerifyReg™ program, complying with its own contractual and regulatory obligations, and operating its business, AIM Global may process personal data in accordance with applicable data protection laws. In the event that these Terms and Conditions or any practices which could be or are employed in exercising rights hereunder are inconsistent with or do not satisfy the requirements of applicable law relating to the protection of personal data, the parties shall take any action necessary to bring performance into compliance with such applicable law, including amending or modifying these Terms and Conditions.
INDEMNIFICATION
You are solely responsible for providing complete and accurate information in connection with the self-reported credentials supplied in connection with the VerifyReg™ program. To the fullest extent permitted by applicable law, you shall defend, indemnify, and hold harmless AIM Global and its directors, officers, employees, agents and representatives from and against any and all losses and damages of any kind arising out of or relating to any and all claims, liabilities, liens, demands, obligations, actions, proceedings, suits or causes of action of every kind (regardless of whether or not such losses and/or damages are caused in part by a party indemnified hereunder) arising out of or related to your failure to provide complete and accurate data pursuant to your self-reporting of any and all applicable credentials for the VerifyReg™ program hereunder, or any breach by you of any agreements, covenants, warrantees, guarantees and representations contained in these Terms & Conditions and related documents in connection with your participation in the VerifyReg™ program.
LIMITATION OF LIABILITY
In no event shall AIM Global be liable to you or any other party for any damages resulting from, or relating to, your participation the VerifyReg™ program, the performance of any services by you as a VerifyReg™ program participant, the processing of personal data by or about you, or the business operations of AIM Global, including without limitation for any incidental, consequential, punitive, or special damages regardless of the theory of liability and even if AIM Global was informed of the possibility of such damages. AIM Global shall have no obligation to defend you, provide you with legal counsel, or pay legal costs and expenses on your behalf. AIM GLOBAL’S TOTAL LIABILITY FOR LOSSES, DAMAGES OR OTHERWISE FOR ANY CLAIM ARISING FROM OR IN CONNECTION WITH THE VERIFYREG PROGRAM PROVIDED BY AIM GLOBAL IN CONNECTION THEREWITH SHALL NOT EXCEED THE PAYMENT, IF ANY, RECEIVED BY AIM GLOBAL FOR YOUR PARTICIPATION IN THE VERIFYREG PROGRAM. AIM GLOBAL SHALL NOT BE SUBJECT TO, AND DISCLAIMS, ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO THE VERIFYREG PROGRAM AS ADMINISTERED BY AIM GLOBAL, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO. IN NO EVENT SHALL AIM GLOBAL BE LIABLE FOR AND DISCLAIMS ANY PENALTIES, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONTINGENT, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOST REVENUES, LOSS OF GOOD WILL, LOST PROFITS, DAMAGE TO ASSOCIATED EQUIPMENT OR FACILITIES, AND ANY SIMILAR DAMAGES, EXPENSES, OR LOSSES, AND REGARDLESS OF HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
NON-ASSIGNMENT
You may not assign your rights in connection with the VerifyReg™ program or these Terms & Conditions to any third party without AIM Global’s prior written consent. Any attempt by Customer to assign your rights hereunder without the prior written consent of AIM Global shall be invalid.
GOVERNING PROVISIONS
These Terms & Conditions, and the VerifyReg™ program documentation, shall constitute the entire agreement between the Customer and AIM Global, and hereby supersedes and replaces any previous agreements, negotiations, and commitments with regard to these matters. If any of the terms or provisions of these Terms and Conditions shall be determined to be invalid or inoperative, all of the remaining terms and provisions shall remain in full force and effect. No understanding, promise, representation, waiver, alteration, or modification purporting to change these Terms & Conditions shall be binding unless evidenced in writing, signed by the party to be bound. The Terms & Conditions, and any and all disputes arising in any way from the VerifyReg™ program, shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. By signing these Terms & Conditions, you acknowledge and agree that you are making express representations to AIM Global that you will abide by all of your obligations and responsibilities as set forth in these Terms & Conditions.
