Asante Terms of Use

Asante Policies

Sep 24, 2019

Terms of Use

This Terms of Use (“Terms”) is a legal agreement between you and Asante as may change from time to time. These Terms apply to Asante’s websites, mobile applications, and other digital and interactive services that link to these Terms.The Asante’s product (“Product”), mobile application and the software embedded in the Product (“Product Software”) are collectively referred to as the “Services”.

Account

To use the Services, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify Asante of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Asante is not liable for any loss or damage arising from your failure to comply with the above requirements.

User Content

You may be able to create, upload, or otherwise make available (“post”) content such as audio files, and other content (“User Content”) through the Service. You acknowledge and agree that all User Content is the sole responsibility of the person from whom the User Content originated. You further agree that you have all required rights to post such User Content without violation of any third-party rights.You warrant to us that you own or otherwise control all rights to any User Content you post through the Services. You agree that you will indemnify, defend, and hold harmless Asante for all claims resulting from User Content you post. 

Automatic Software Updates

Asante may update or change Product Software for seamless Services, and may do so remotely without notifying you. Updates or changes are subject to the Product Software terms. If you do not want such updates, your sole remedy is to cease using the Services altogether.

Certain Restrictions

You agree to (a) not use the Services in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (b) use the Services only as intended by Asante; (c) not use the Services in any manner that could harm Asante, its Service providers, or any other person; (d) not to republish, reproduce, distribute, display, post or transmit any part of the Services, and (e) comply with any other reasonable requirements or restrictions requested or imposed by Asante, described in more detail on the website: www.asante.com.

Ownership and Intellectual Property

Asante owns the copyrights, trademarks, service marks, and trade dress rights to all materials and content displayed on and from the Services. You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such materials or content to any third party (including displaying or distributing the material using a third party website) without Asante’s prior written consent except to use the Services for their intended purposes. Asante retains all rights that are not otherwise expressly granted in these Terms.The Product Software is licensed and not sold to you. The Terms grant you only the rights to use the Product Software, but you do not acquire any rights, express or implied, in the Product Software other than those specified in these Terms of Use. Asante and its licensors retain all right, title, and interest in and to the Product Software, including all patents, copyrights, trade secrets, and other intellectual property rights incorporated therein. The Product Software is protected by copyright laws, international treaty provisions, and other intellectual property laws. Except as provided otherwise herein, you shall not rent, lease, sublicense, sell, assign, loan, or otherwise transfer the Product Software. You may not remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions from the Product.

Warranty Disclaimers

Please do know that we are only able to provide you the Services “as-is” and “as available” and that you cannot rely on the timeliness or any of the results that you may obtain from the Services. This is among others due to the fact that the availability of the Services is also dependent on external circumstances such as your mobile device, Wi-Fi network, your internet service provider and mobile device carrier upon which Asante has no influence. Therefore Asante cannot warrant in relation to the Services the: availability, uptime, accuracy of results, accuracy of data, storage of data, accessibility in all countries, and reliability of any resulting notifications.

Suspension, Termination and Discontinuation

These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, Asante may (a) suspend or terminate your rights to access or use the Services, or (b) terminate these Terms with respect to you if Asante in good faith believes that you have used the Services in violation of these Terms. Upon termination you are no longer authorized to use or access the Services.Asante reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Asante will not be liable to you or to any third party for the exercise of the aforementioned right.

Limitation of Liability

To the maximum extent permitted by applicable law, we cannot accept any liability for any damages incurred as a result of your use of the Services.Controlling Law and SeverabilityThese Terms will be interpreted in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. If any part of these Terms is considered invalid, it shall be enforced as effectively as possible while all other provisions remain in full effect.HeadingsThe headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms of Use.This document was last updated on September 2019.