Terms and Conditions
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These Terms and Conditions (the “Terms”) constitute a binding legal agreement between you, as user and/or member (“user”, “Member” or “you”), and Amazing.com Inc. (“Amazing.com Inc.”, “Company”, “we” or “us”), and govern your access to and use of the various websites and webpages operated by Amazing.com Inc., including the https://www.dtchero.com/, https://www.amazing.com, https://www.amazingsellingmachine.com, and https://sellercon.com websites (the “websites” or “sites”), including any content, functionality and/or services/products offered on or through such sites, whether as a guest or registered user/member. These sites are offered to the public and members of Amazing.com Inc., conditioned on such persons’ acceptance without modification by you of the terms, conditions, and notices contained and referenced herein. Use of the site constitutes your agreement to be bound and abide by these Terms. Please read these terms carefully, and keep a copy of them for reference. If you do not want to agree to these Terms, you must not access or use any of the sites.
In order to use our sites, products, services, and/or software, you must agree to these Terms Of Conditions, and be at least 18 years of age and competent to enter into binding legal contracts. By using this site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the sites.
Changes To Terms
Visiting Amazing.com Inc site(s) or sending emails to Amazing.com Inc. or any of its subsidiaries or properties constitutes electronic communications. Senders consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications provided to member/user electronically, via email and on the sites, satisfy any legal requirement that such communications be in writing.
Accounts, Membership, or other modes of access
If a member/user uses Amazing.com Inc. sites, products, services, software or any other materials therein, the user is responsible for all activities that occur under the membership, account, or other modes of access. Members/users may not assign or otherwise transfer the membership, account, or other modes of access to any other person or entity. Member/user acknowledges that Amazing.com Inc. is not responsible for third party access to member/users account, that results from theft or misappropriation of the account. Amazing.com Inc. and its personnel, representatives and agents reserve the right to reduce or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Unless expressly stated otherwise, the programs offered on this site are non-refundable.
ASM Member Refund Offer for Omnichannel Machine
For a limited time, Amazing.com is offering existing ASM members in good standing a refund of their purchase of “Omnichannel Machine” provided the member has completed the following actions within 6 months of their purchase of Omnichannel Machine:
- Placed an order for a new product that meets program requirements for a good DTC (Direct to Consumer) opportunity.
- Built all required pre-launch assets needed for a successful launch.
- Launched the new product using the methods taught in the program.
To request your refund, please contact Amazing.com at [email protected] within 30 days of completing all of the steps above.
Amazing.com reserves the right to review each of these actions in detail and request supporting information to verify that they were completed as instructed in the program. Once verified, Amazing.com will refund the purchase price of Omnichannel Machine within 30 days.
Links to Third Party Sites/Third Party Services
Amazing.com Inc.’s websites may contain links to other websites (“Linked Sites”). Linked Sites are not under the control of Amazing.com Inc. and Amazing.com Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site, or for any loss or damage that may arise from your use of any Linked Sites. Amazing.com, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Amazing.com, Inc. of the site or any association with its operators. If you decide to access any Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Obligations of Amazing.com Inc. for Affiliate Programs/Offers
An affiliate program purchased via Amazing.com Inc. or any of its properties is a product, service, or software tool that Amazing.com Inc. offers for purchase or participation but without direct or indirect control or liability. Such products, services, and software will be managed by the respective entity(s) and Amazing.com Inc. has no authority, accountability, responsibility or liability to address or with respect to member/user issues, complaints or deviations from the entity in question and respective terms and conditions. While Amazing.com Inc. makes these products, service and/or software tools available to Amazing.com Inc. members/users, Amazing.com Inc. has no responsibility for the obligations of those products, services or software tools or your use or access thereof. Members/Users agree to work with the operators of these affiliate offers/program entities directly and hold Amazing.com Inc. under no obligation or liability whatsoever with respect thereto. Amazing.com Inc. receives financial benefit from affiliate programs.
License Agreement (No Unlawful or Prohibited Use/Intellectual Property)
Members are granted a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our sites, products, services, and software strictly in accordance with these Terms. As a condition of member use of our sites, services, and software, members represent, warrant and covenant to Amazing, Inc. that members will not use our sites, products, services, or software for any purpose that is unlawful or prohibited by these Terms.
The sites and all content included as part of sites, products, services, or software, such as software, text, graphics, logos, images, displays, video, audio and other content, as well as the compilation, design, selection and arrangement thereof, is the property of and owned by Amazing, Inc. or its suppliers and licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
These terms permit you to access and use the sites and Amazing.com Inc.’s products, services and software for your personal, non-commercial use only. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, reproduce, distribute, republish, publicly display, publicly perform, create derivative works, or in any way exploit any of the content, in whole or in part, found within Amazing.com Inc.’s sites, products, services, or software. Amazing.com Inc. content is not for sale or resale. Users/members are purchasing a license to use Amazing.com Inc.’s content ONLY. You agree that you do not acquire any ownership rights in any protected content. Amazing.com Inc. does not grant you any licenses, express or implied, to the intellectual property of Amazing.com Inc. or their licensors except as expressly authorized by these Terms. Your use of the sites, products, services, or software does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights, copyright or attribution notices in any content. You will use protected content solely for your own personal use in accordance with these Terms, and will make no other use of the content without the expressed written permission of Amazing.com Inc. and the copyright owner.
You may use the sites and Amazing.com Inc.’s products, services and software only for lawful purposes and in accordance with these Terms. You agree not to use the sites or any Amazing.com Inc. products, services and software:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with any content standards communicated or made available to you.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the sites and Amazing.com Inc.’s products, services and software, or which, as determined by us, may harm the Company or users of the sites and Amazing.com Inc.’s products, services and software, or expose them to liability.
Additionally, you agree not to:
- Use any sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use thereof, including their ability to engage in real time activities through the sites.
- Use any robot, spider, or other automatic device, process, or means to access the sites for any purpose, including monitoring or copying any of the material on the sites.
- Use any manual process to monitor or copy any of the material on the sites, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the sites and Amazing.com Inc.’s products, services and software.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the sites, the server on which the sites are stored, or any server, computer, or database connected to the sites.
- Attack any of the sites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the sites or Amazing.com Inc.’s other products, services and software.
Use of Communication Services
Amazing.com Inc. sites, products, services, and software may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable members to communicate with the public at large or with a group (collectively, “Communication Services”). Members agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, members agree that when using a Communication Service, users will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless user owns or controls the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that user knows, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Amazing.com Inc. has no obligation to monitor the Communication Services. However, Amazing.com Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Amazing.com Inc. reserves the right to terminate user access to any or all of the Communication Services at any time without notice for any reason whatsoever or for no reason, without any obligation to you whatsoever including any remuneration reflective of a reduction in access.
Amazing.com Inc. reserves the right at all times to disclose any information as we believe in our sole discretion to be necessary or advisable to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Amazing.com Inc.’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Amazing.com Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Amazing.com Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from user participation in any Communication Service. Managers and hosts are not authorized Amazing.com Inc. spokespersons, and their views do not reflect those of Amazing.com Inc. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Users are responsible for adhering to such limitations.
Amazing.com Inc. does not claim ownership of the materials that users provide or post, upload, input or submit to any Amazing.com Inc. site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or sending in Submissions, users are granting Amazing.com Inc., our affiliated companies and necessary sublicensees and representatives permission to use any and all Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish reference or other identifying information in connection with said Submission.
No compensation will be paid with respect to the use of user Submissions, as provided herein. Amazing.com Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the company’s sole discretion.
By posting, uploading, inputting, providing or submitting a Submission, the user warrants and represents that user has the appropriate ownership or otherwise controls all of the rights to the information within the Submission as described in this section including, without limitation, all the rights necessary for user to provide, post, upload, input or submit the Submissions, and that such Submission does not violate any law or misappropriate or infringe upon the intellectual property rights of any person or entity.
You understand and acknowledge that you are responsible for any Submission you submit or contribute, and you, not Amazing.com Inc., have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Submission posted by you or any other user of the sites.
Purchasing and Payments
Individuals agree to pay the full purchase price as identified and agreed to on the day and time of purchase. Failure to pay timely and in full may result in a reduction of services up to and including termination of access. If, for any reason, you or your credit card company refuses to pay the amount billed for the service, we may, at our sole discretion, suspend or terminate your access to the service and require you to pay the overdue amount by other means acceptable to us, including enrollment in our payment plan modification program. When you are placed into our payment plan modification program, you are agreeing to authorize Amazing.com to charge your credit card or other payment method for your purchase for 50% of the value of the installment payment plan at the time of your purchase. You are also agreeing to extend your payment periods out until such time as your purchase is paid in full. The timing and date of your billing cycle could change as a result of this. No refunds will be provided for partial payments made, beyond the initial refund period as defined within the details of the initial purchase price if any is offered, promotionally or otherwise. Amazing.com Inc. reserves the right to collect past due payments in order to secure full payment, upon which membership will be reactivated in accordance with membership rules and obligations. Amazing.com Inc. reserves the right to contract with 3rd party collection services, who may also report payment failures and/or failure to collect notifications to credit bureaus. To ensure payments are received and processed on time, it is the responsibility of the purchaser to maintain payment information so that payments made are processed in a timely fashion.
If a member becomes delinquent, but intends to work out a payment plan that allows them to remain in good standing, please contact customer support via email at [email protected] or call 1-888-415-0615 during business hours.
All references to “chargeback” refer to a reversal of a credit/debit card charge placed on the site. There is no reason for a chargeback to ever be filed. If a credit is due in accordance with these Terms, simply contact us and we will gladly issue it. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit/debit card was used fraudulently on the Site, please contact us for immediate resolution.
You agree that you will not chargeback any amounts charged to your credit/debit card on the site. If you chargeback a credit/debit card charge for a payment initiated by you, you agree that we may recover the amount of the chargeback in addition to five hundred dollars ($500.00) by any means deemed necessary, including but not limited to recharging your credit/debit card or having the amount recovered by a collection agency.
Amazing.com Inc. products, services, and software prices include sales tax and any other applicable taxes, based on applicable laws relevant to the purchase as required by each (US) state, unless otherwise indicated at time of purchase.
Member/user agrees to pay any and all applicable sales or value added taxes, or duties imposed by any jurisdiction as a result of the work performed by Amazing.com Inc. for member/user.
Duration of Access to Materials and Resources
Amazing.com Inc. commits to providing access to members in good standing, to purchased training materials and other resources for the life of the materials and resources. “Life” is defined as the period of time the materials and resources are current and consistent with industry practice, as determined by Amazing.com Inc. As training materials and resources become outdated, Amazing.com Inc. is under no obligation to maintain access to members. Amazing.com Inc. is also under no obligation to update, modify, supplement or otherwise edit the materials in order to remain current, and also reserves the right to terminate programs, which includes removing access to purchased materials and resources, and any subsequent materials, course content or other resources. Furthermore, new versions of materials and resources that are made available by Amazing.com Inc. may require a fee from existing users and members to access the latest methods and practices if deemed necessary to continue to support current members, as determined by Amazing.com Inc.
Activation and Reactivation
Membership access to the Amazing.com Ecosystem occurs with first membership purchase. The Amazing.com Inc. Ecosystem is the platform which contains access to all membership materials. Amazing.com Inc. products, services, and software benefit members when resources are being actively used, and therefore we strongly encourage regular use and participation. In the event members are no longer actively engaged, Amazing.com Inc. reserves the right to deactivate memberships due to inactivity. Once a member is inactive, a reactivation fee may be required in order to regain access. Inactivity is defined as of no use for greater than 6 months, as measured by system login over a six month period of time. Members must remain active to avoid a reactivation fee.
Support and Access to Outdated Resources/Materials
Method, best practices, and other information included within Amazing.com Inc. products, services, and software are subject to change over time. As such, one can expect resources to be valuable for a finite period of time. Amazing.com Inc. is committed to ensuring that only relevant information is available for members/users. As materials become less effective or relevant, Amazing.com Inc. reserves the right to remove or otherwise make unavailable any materials and resources that are no longer current. Amazing.com Inc. is committed to providing notice of such restrictions to materials but is not obligated to do so. Previous versions of materials of otherwise dated materials will be removed from the membership as identified and are not guaranteed to be replaced or updated after such actions are taken.
Any performance result, financial or otherwise, forecasted, predicted, claimed, calculated, or presented in any other way, by Amazing.com Inc., within any products, services, or software tools may not be indicative of future results. Starting a business involves varying degrees of risk, and there can be no assurance that the future performance of any specific product, service, or tool – including data, criteria or other elements of information gained through Amazing.com Inc. products, services, or software, will be solely determinant of results, or equal any historical performance level(s) discussed or described, or provide any certainty of success, as seen in profit, revenue, or any other financial measure. Due to various factors, including changing market conditions, content may no longer be reflective of current opinions or positions.
Moreover, members/users should not assume that any and/or all information provided by Amazing.com Inc. serves or can be relied upon solely and exclusively for decisions and actions made by the member/user. It is up to the member/user to determine if additional confounding information or any other information will be useful in determining decisions around member/user investment, decisions therein, and/or any other path forward by the member/user. Any reliance on any such information is strictly at your own risk.
Amazing.com Inc. reserves the right, in its sole discretion, to terminate user and member access to the sites and other Amazing.com Inc. products, services and software any portion thereof at any time, without notice.
Governing Law and Jurisdiction
All matters relating to the sites and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
You hereby consent to the exclusive jurisdiction and venue of courts in the State of Delaware with respect to all disputes arising out of or relating to these Terms or any Amazing.com Inc. sites, products, services, and software, and agree that any legal suit, action or proceeding arising out of or related thereto shall be instituted exclusively in the federal or state courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your state or country of residence or any other relevant state or country. You expressly waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Use of the sites, products, services, and software is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Independent Contractor Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between users/members and Amazing.com Inc. or any of its affiliates as a result of this agreement or use of Amazing.com Inc. products, services, or software.
Members will be able to connect products, services, and software to third-party accounts. By connecting products, services, and software to a third-party account, the member acknowledges and agrees that member is consenting to the continuous release of information to others (in accordance with your privacy settings on those third-party sites). If members do not want information to be shared in this manner, do not use this feature.
Amazing.com Inc. sites, products, services, and software are controlled, operated and administered by Amazing.com Inc. from our offices within the USA and the UK. We make no claims that the sites or any of their content are accessible or appropriate outside of the United States or the UK. If you access the sites from a location outside the USA or the UK, you are responsible for compliance with all local laws. Members agree to refrain from using Amazing.com Inc. content accessed through any of Amazing.com Inc.’s sites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Amazing.com Inc., its affiliates, and its and its affiliates’ shareholders, officers, directors, managers, employees, contractors, representatives, agents, licensors, suppliers, service providers, successors and assigns from and against any claims, losses, costs, liabilities, damages, awards, costs, expenses or fees (including reasonable attorney’s fees) relating to or arising out of (a) your use of or inability to use any Amazing.com Inc. site, product, service, software, content, or information, or any user/member Submissions, (b) any user postings or Submission made by you, (c) any violation by you of these Terms or (d) your violation of any rights of a third party, or of any applicable laws, rules or regulations.
Amazing.com Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by member, in which event member will fully cooperate with Amazing.com Inc. in asserting any available defenses.
At our sole discretion, we may require you to submit any disputes or claims arising from these Terms or your use of any Amazing.com Inc. site, product, service or software, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law, or, if you reside outside the United States, by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules then in effect. In such event, the entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Class Action Waiver
Any suits or arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
WARRANTY AND LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH AMAZING.COM INC. AND ITS SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AMAZING.COM INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES AT ANY TIME.
AMAZING.COM INC. AND/OR ITS AFFILIATES, AGENTS, REPRESENTATIVES, SHAREHOLDERS, DIRECTORS, LICENSORS OR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, QUALITY, OR SECURITY OF THE WEBSITES OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH WEBSITES, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AMAZING.COM INC. AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, SHAREHOLDERS, DIRECTORS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER AMAZING.COM INC. NOR ANYONE ASSOCIATED WITH AMAZING.COM INC. REPRESENTS OR WARRANTS THAT ANY WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY SITE OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO OUR SITES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMAZING.COM INC. AND/OR ITS AFFILIATES, AGENTS, REPRESENTATIVES, SHAREHOLDERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, OR THE FAILURE TO ACHIEVE ANY PARTICULAR RESULTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF ANY AMAZING.COM INC. WEBSITES, PRODUCTS, SERVICES, OR SOFTWARE, OR ANY CONTENT CONTAINED THEREIN, OR THE DELAY OR INABILITY TO USE SUCH WEBSITES, PRODUCTS, SERVICES OR SOFTWARE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AMAZING.COM, INC. OR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES, SHAREHOLDERS, DIRECTORS, LICENSORS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF MEMBERS OR USERS ARE DISSATISFIED WITH ANY PORTION OF THE SITES, PRODUCTS, SERVICES, OR SOFTWARE, OR WITH ANY OF THESE TERMS, THEIR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES, PRODUCTS, SERVICES, OR SOFTWARE.
Waiver and Severability
No waiver by the Amazing.com Inc. of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Amazing.com Inc. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Unless otherwise specified herein, these Terms constitutes the entire agreement between the user and Amazing.com Inc. with respect to Amazing.com Inc.’s sites, products, services, and software and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Amazing.com Inc. with respect to all sites, products, services, an software. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you are a copyright owner and believe that any content on Amazing.com Inc. website(s) infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide Amazing.com Inc. notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of [email protected] that sets forth the information specified by the DMCA (see http://copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Amazing.com Inc. welcomes your questions or comments regarding the terms: Telephone: 1 (888) 415-0615
Email Address: [email protected]