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Terms of Use

I Am AriaTerms of Use

Welcome to the website of I Am Aria. The following Terms of Use and Conditions (“Terms”) on this website (“Site”) form a contract between you and I Am Aria and operate to govern your use of the Site. Please read these Terms in full before using our Site; by accessing or using this Site, you signify that you have read these Terms and agree to be bound by all of these Terms and our Privacy Policy, whether or not you choose to participate in activities involving I Am Aria. If you object to any provision of these Terms, please do not use our Site. I Am Aria holds all rights to the content on this Site.

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Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use this Site and how we collect and can use your personal information. Our Privacy Policy should be read in conjunction with these Terms before using this Site.

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Communications from I Am Aria

By providing us with your name, phone number, and email address, you acknowledge and agree to I Am Aria’s treatment of your information as described in our Privacy Policy and consent to being placed on I Am Aria’s mailing lists and thereby receiving text messages, mail and email correspondence, including periodic newsletters, from I Am Aria. You may remove your email address from our mailing list at any time by clicking the “unsubscribe” link located at the bottom of emails from I Am Aria. Although I Am Aria will promptly remove your email address from its mailing list, you may still receive any emails that are initiated before your email address is removed from the list. Please note that if you wish to resubscribe in the future, you can simply return to the Site and type in your email address. Should you wish to opt-out of a particular text campaign, you may opt-out by texting STOP at any time.

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Third Party Links

The Site provides links to third-party websites that are not owned or controlled by I Am Aria. I Am Aria has no control over and assumes no responsibility for such websites (including any content, terms of use, or privacy policy therein). You agree that I Am Aria is not responsible for the availability of such external websites and does not endorse and is not liable for any content, advertising, products, or other materials on such websites. You follow these links and use such third-party websites at your own risk. Any links furnished through our Site are provided to you for your convenience, and any inclusion of a third-party link herein shall in no way be construed as an endorsement by us of the third party, its website(s), or its content. If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site or portions of our Site, and subject to the following conditions:

  • you do not in any way imply, without I Am Aria’s express prior written approval, that we are endorsing any services or products;

  • you do not misrepresent your relationship with us or present any false information about us;

  • you do not link from a Site that is not owned by you;

  • the linking does not contain content that may, as determined in our sole discretion, be offensive or controversial, infringe any rights of any other person or violate any applicable local, state, national or international law; and

  • you promptly remove any link to our site upon receiving a written request to do so from I Am Aria. If you choose to link to our Site in breach of the Terms, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

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Virtual Campaigns

By submitting your information on intake forms, you agree that I Am Aria may retain and use your contact information and uploaded media. You also agree that the photo and information you provide as part of I Am Aria's campaigns may be used by I Am Aria on its website, social media channels, promotional materials, and other onsite and virtual events. You also agree that the information you provide (including your email address and mobile number) can be used by I Am Aria as a form of communication. 

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Contests

In order to be eligible for I Am Aria’s giveaways, you understand that you must share your image on a social platform (Twitter, LinkedIn, Facebook, or Instagram) using both #iamaria and #myfightisntover. If you are under 18, you must obtain parent or guardian permission. You may revoke your consent at any time by clicking on the "unsubscribe" link in the footer of any email, or by contacting I Am Aria directly at info@iamaria.org.

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Indemnification

To the fullest extent permitted by law, and in connection with your use of this Site, you agree to defend, indemnify, and hold harmless I Am Aria and its successors and affiliates, as well as its officers, directors, employees, volunteers, agents, licensors, and suppliers, from and against any damages or claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, regardless of whether they are attributable to any act or omission of I Am Aria and its successors and affiliates (collectively, “Claims”) that may arise in connection with (1) your use of the Site, (2) your non-compliance with these Terms, (3) your negligent or wrongful conduct, (4) your access to or use of any third party website linked to the Site, (5) your violation of these Terms, (6) your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right, or (7) the infringement by you of any right of any person or entity. This indemnification provision shall apply to third-party claims as well as claims between the parties to these Terms. I Am Aria reserves the right to participate, at its own expense, in the investigation, settlement, and defense of any such Claims.

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Property Rights

To the fullest extent permitted by law, and in connection with your use of this Site, you agree to defend, indemnify, and hold harmless I Am Aria and its successors and affiliates, as well as its officers, directors, employees, volunteers, agents, licensors, and suppliers, from and against any damages or claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, regardless of whether they are attributable to any act or omission of I Am Aria and its successors and affiliates (collectively, “Claims”) that may arise in connection with (1) your use of the Site, (2) your non-compliance with these Terms, (3) your negligent or wrongful conduct, (4) your access to or use of any third party website linked to the Site, (5) your violation of these Terms, (6) your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right, or (7) the infringement by you of any right of any person or entity. This indemnification provision shall apply to third-party claims as well as claims between the parties to these Terms. I Am Aria reserves the right to participate, at its own expense, in the investigation, settlement, and defense of any such Claims.

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Entire Agreement

These Terms and Privacy Policy form the entire agreement between you and I Am Aria regarding the use of the Site and supersede and replace any prior understandings, whether oral or written, between you and I Am Aria with respect to the Site. Please review I Am Aria’s Privacy Policy to understand I Am Aria’s policies and practices.

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Assignment and Severability

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions of the Terms shall remain in full force and effect.

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Applicable Law

We make no representations that the content or the Site is appropriate or that it may be used or downloaded outside of the United States. Access to the Site and/or content may not be legal in certain countries outside of the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the jurisdiction laws from which you access the Site.

The Site, its content, and these Terms shall be construed and interpreted under the laws of the State of New York (the location of our legal representation) without regard to its conflict of law provisions. You and I Am Aria agree to submit to the personal and exclusive jurisdiction of the state and federal courts located therein, including, without limitation, for any claim involving I Am Aria or its affiliates.

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General

The headings contained in these Terms are for convenience only and are not to be used in interpreting these Terms, and have no legal or contractual effect. The failure of I Am Aria to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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Disclaimers

THIS SITE AND ALL INFORMATION, PRODUCTS, AND SERVICES AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. YOU AGREE THAT THE USE OF THIS SITE OR ANY ASSOCIATED INFORMATION, PRODUCTS, AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, I AM ARIA, ITS SUCCESSORS, AND AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, COMPLETENESS, AVAILABILITY FOR USE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OBTAINED FROM I AM ARIA OR THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY INFORMATION, PRODUCTS, OR SERVICES APPEARING ON THIS SITE SHALL BE AT YOUR SOLE RISK, AND YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE HAD REGARDING ANY WARRANTY, EXPRESS OR IMPLIED, ON THE PART OF I AM ARIA AND ITS AFFILIATES REGARDING THE FUNCTIONING AND USE OF THIS SITE.

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Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL I AM ARIA OR ITS SUCCESSORS AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER ARISING, INCLUDING ANY SUCH DAMAGES RESULTING FROM A CLAIM BY ANY PARTY RELATING TO THE USE OF THIS SITE OR ANY ASSOCIATED INFORMATION, PRODUCTS, AND SERVICES, OR YOUR USE OF OR INABILITY TO USE THIS SITE. FURTHERMORE, I AM ARIA AND ITS SUCCESSORS AND AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES RELATING TO THE USE OF THIRD-PARTY SITES LINKED TO THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF I AM ARIA WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

© 2023 I AM ARIA All Rights Reserved.

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