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A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we,” “us,” “our,” or “AMain.com” refer to AMain.com, Inc., a California corporation, doing business as AMain.com.
“Content” means all of the text, images, photos, audio, video, and all other forms of data or communication. “User Content” means Content that you submit or transmit to or through the Site, such as reviews, compliments, invitations, advice, and information that you display. “AMain.com Content” means Content that we create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than AMain.com or its users, such as data providers who license data to AMain.com for use on the Site.
When you are required to open an account to use or access the Site or to purchase goods or products via the Site, you must complete the account registration process by providing the complete and accurate information requested on the My Account Information page. You will be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account or password of someone else at any time. You agree to notify AMain.com immediately of any unauthorized use of your account or password. AMain.com shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by AMain.com, its affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of your account or password.
4. LICENSE OF SOFTWARE. AMain.com may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by AMain.com, for your personal and noncommercial use only. AMain.com does not transfer either the title or the intellectual property rights to the Software, and AMain.com retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
5. USER CONTENT. You grant AMain.com a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Site, you are granting AMain.com, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of AMain.com, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that AMain.com may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
7. INTELLECTUAL PROPERTY OWNERSHIP. All AMain.com Content included on the Site and Service, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and software, is the property of AMain.com and is protected by U.S. and international intellectual property laws. The compilation of all content on this site is the exclusive property of AMain.com and protected by U.S. and international copyright laws. All software used on this site is the property of AMain.com or its software suppliers and protected by United States and international intellectual property laws.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AMain.com and our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing AMain.com name or trademarks without the express written consent of AMain.com. You may not use any direct linking or source-calling of any media presented on this website.
8. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. AMain.com has in place certain legally mandated procedures regarding allegations of copyright and other forms of intellectual property infringement occurring on the Site. AMain.coms’ policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want AMain.com to delete, edit, or disable the material in question, you must provide AMain.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AMain.com to locate the material; (d) information reasonably sufficient to permit AMain.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement 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 an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to AMain.coms’ designated agent at:
Copyright Infringement Agent
9. PROHIBITED CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
10. PROHIBITED CONDUCT. You are also prohibited from engaging in the following activities, or assisting others in engaging in the following activities, in using the Site or Services:
AMain.com assumes no responsibility for monitoring the Site for prohibited Content or conduct. If at any time AMain.com chooses, in its sole discretion, to monitor the Site, AMain.com assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct.
If you become aware of misuse of the Site or of any prohibited Content or conduct, please report it to AMain.com by clicking on the “Contact Us” link on the left hand side of the Site’s home page and sending us an email in through the mechanism provided on the Contact Us web page.
12. ACCEPTANCE OF ORDERS. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and your order will be shipped within the time stated on the product specific page or mentioned under the “Shipping and Returns” and/or “International Shipping” web pages of the Site. Your order may be cancelled due to, but is not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or credit or fraud problems. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after we have received payment, we will issue a credit by the charged payment method for the amount of the charge.
13. ORDER QUANTITY LIMITATIONS. We reserve the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same e-mail address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. We also reserve the right to prohibit sales to dealers or other corporations or institutions. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us through our “Contact Us” web page on the Site.
14. NO WARRANTIES. AMAIN.COM HEREBY DISCLAIMS ALL WARRANTIES. AMAIN.COM IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMAIN.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AMAIN.COM DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
15. LIMITED LIABILITY. AMAIN.COMS’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMAIN.COM BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY AMAIN.COM. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
20. PRICING OR TYPOGRAPHICAL ERRORS. AMain.com strives to provide accurate service and pricing information, but inadvertent typographical errors may occur. In the event that our service is mispriced or misrepresented, AMain.com may, at our discretion, either contact you for instructions, or cancel your subscription and notify you of such cancellation. Prices and services are subject to change without notice.
23. TERMINATION. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site or Service. AMain.com also reserves the right to terminate your use of the Site or Services for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.
|Monday, September 1, 2014|
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