TERMS AND CONDITIONS
February 2, 2024 2024-02-02 19:53TERMS AND CONDITIONS
Amkay Products Ltd , provides a collection of tools and resources to
manage an online store, process orders and sell products online and other services (collectively, the
“Services”). The following are the terms and conditions for use of the Services (the “Terms”), along
with any amendments thereto and any operating rules or policies that may be published from time to time
by Amkay Products Ltd , You agree that you have read and understand, and have the capacity and authority to accept,
agree to and be bound by these Terms.
1. Service and Terms
1. The Services are provided subject
to these Terms and any operating rules or policies that Amkay Products Ltd may publish from time to time. Amkay Products Ltd
may make changes or modifications to this Agreement at any time, and such changes or modifications are
effective immediately upon the earliest of (a) Amkay Products Ltd email notification to you advising you of such
changes or modifications, (b) your electronic acceptance of this Agreement after such changes or
modifications have been made to this Agreement as indicated by the “Date of Last Revision” date at the
top of the Terms, or (c) your continued use of the Services after Amkay Products Ltd posts the updated Agreement to
Amkay Products Ltd . In addition, when using particular Amkay Products Ltd services, Customer and Amkay Products Ltd will be subject to any posted
guidelines or rules applicable to such Services that may be posted from time to time.
2. The Services are available only
to persons who can form legally binding contracts under applicable law. Without limiting the foregoing,
the Services are not available to individuals under the age of 18. If you do not qualify, please do not
use the Services.
3. The Services provides a collection of tools and resources
to manage an online store, process orders and sell products online. In addition, the Services may
include migration services relating to your use of the Amkay Products Ltd tools and resources.
4. Customer must complete a
registration form in order to use the Services. Customer will provide true, accurate, current, and
complete information about Customer as requested in the registration form, and will update the
information to keep it current. As part of the registration process, Customer will identify an email
address and password for Customer’s Amkay Products Ltd account. Customer is responsible for maintaining the security
of Customer’s account, passwords, and files, and for all uses of Customer’s account and of the Services
in Customer’s name. Amkay Products Ltd reserves the right to refuse registration of, or cancel, accounts it deems
inappropriate.
2. Restrictions and Responsibilities
1. Customer represents, covenants,
and warrants that Customer will use the Services only in compliance with these Terms, Amkay Products Ltd published
privacy policies or otherwise furnished to Customer (the “Privacy Policy”) and all applicable laws
(including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation).
Customer may not access or otherwise use third party mailing lists in connection with preparing or
distributing unsolicited email to any third party. Customer hereby agrees to indemnify and hold harmless
Amkay Products Ltd and its Content Providers and the respective directors, officers, employees and agents of
each against any damages, losses, liabilities, settlements, and expenses (including without limitation
costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged
violation of the foregoing. Although Amkay Products Ltd has no obligation to monitor the content provided by
Customer or Customer’s use of the Services, Amkay Products Ltd may do so and may remove any such content or prohibit
any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
2. For every email message sent in
connection with the Services, Customer acknowledges and agrees that the recipient has agreed to receive
such communication and that Customer will not engage in the act of sending unsolicited emails.
3. In using the varied features of
the Services, Customer may provide information (such as name, contact information, or other registration
information) to Amkay Products Ltd . Amkay Products Ltd may use this information and any technical information about Customer’s use
of this website to tailor its presentations to Customer, facilitate Customer’s movement through this
website, or communicate separately with Customer. Amkay Products Ltd will not provide information to companies
Customer has not authorized, and Amkay Products Ltd Enterprises will not authorize the companies that get such
information to sell and redistribute it without Customer’s prior consent.
4. Customer acknowledges and agrees
that: (a) the Services including without limitation, any modifications, enhancements and updates, and
any originals and copies thereof, in whole or in part, and all intellectual property rights therein
(collectively, “Proprietary Information”) are owned by Amkay Products Ltd Enterprises and/or its third party sponsors,
partners, and other co-branders (collectively, “Content Providers”), (b) the Proprietary Information
contains valuable copyrighted material and is protected by U.S. and international copyright and other
intellectual property laws, (c) the Proprietary Information is licensed, rather than sold, to Customer
pursuant to these Terms, and (d) Customer has no rights in the Proprietary Information, other than the
rights and licenses granted to Customer herein.
5. Amkay Products Ltd Trademarks. “Amkay Products Ltd ” and our
logos (both words and design) either are trademarks, service marks, or registered trademarks of Amkay Products Ltd or
its Content Providers, and may not be copied, imitated or used, in whole or in part without Amkay Products Ltd prior
express written consent or that of our Content Providers. In addition, all page headers, custom
graphics, design and user interface elements, and scripts are service marks, trademarks, and/or trade
dress of Amkay Products Ltd and may not be copied, imitated, or used, in whole or in part without our prior written
permission, which consent may be withheld in our sole discretion. All other marks or logos not owned by
Amkay Products Ltd are the property of their respective owners.
6. Reservation of Rights. Except for
the rights expressly granted to Customer pursuant to these Services, Customer acknowledges that it has
no right, title or interest in or to this website, the Services or Proprietary Information. All rights
not expressly granted by Amkay Products Ltd in these Terms are hereby reserved by Amkay Products Ltd Enterprises. There are no
implied rights.
3. Term and Termination
1. Amkay Products Ltd may terminate this Agreement
or the Services at any time with or without cause, and with or without notice. Amkay Products Ltd will have no
liability to Customer or any third party because of such termination.
2. Upon termination or expiration of
this Agreement by either party for any reason, (a) Amkay Products Ltd will cease providing the Services, (b) you will
not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise and (c) any
outstanding balance owed to Amkay Products Ltd for your usage of the Services through the effective date of such
termination or expiration will immediately become due and payable in full. All sections of this
Agreement which by their nature should survive termination will survive termination, including, without
limitation, warranty disclaimers and limitations of liability.
3. Upon termination or expiration of
this Agreement by either party for any reason, Amkay Products Ltd may delete any Customer archived data within 30 days
after the date of termination.
4. Disputes Regarding Account or Site
Ownership
1. If multiple persons are claiming ownership of or rights
in a site, store or account, and, in Amkay Products Ltd sole judgment, there is uncertainty as to the ownership of or
rights in such site, store or account, then Amkay Products Ltd Enterprises will, to the extent of its knowledge and
ability, notify such persons of the dispute and demand that such persons promptly, conclusively, and
finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s)
is/are and in a manner which relieves Amkay Products Ltd of all liability and obligations concerning the dispute and
such site, store or account. If the disputing persons fail to resolve the dispute within what Amkay Products Ltd , in
its sole judgment, deems to be a reasonable time, then Amkay Products Ltd , at its sole option and without any
obligation to do so, may suspend or terminate the account until such persons resolve such dispute and
reach certainty regarding ownership of or rights in such website, store and/or account. The person or
persons conclusively and finally determined by court order, binding arbitration or settlement agreement
to be the rightful owner(s) or interest holder(s) of such website, store and/or account will be
obligated to pay all amounts due and comply with the then current Amkay Products Ltd policy regarding transfers of
accounts, if required, to transfer ownership of the site, store and/or account to the rightful owner.
Failure of the rightful owner of such site, store and/or account to timely pay in full all of such
amounts will be deemed a breach of these Terms and will subject the account to immediate termination.
5. Customer’s Name and Trademarks; Customer
Feedback; Customer Submissions
1. Name and Trademarks. Customer
hereby grants Amkay Products Ltd Enterprises a non-exclusive right and license to use Customer’s name and such of
Customer’s trade names, trademarks, and service marks (collectively, “Customer’s Marks”) as are provided
to Amkay Products Ltd in connection with this Agreement (a) on Amkay Products Ltd own websites, (b) in printed and online
advertising, publicity, directories, newsletters, and updates describing Amkay Products Ltd Services and (c) in
applications reasonably necessary and ancillary to the foregoing.
2. Customer Content. Some of the
features of this website or the Services found at this website may allow Customer to view, post,
publish, share, store, or manage (a) ideas, opinions, recommendations, feedback or advice (“Customer
Feedback”), or (b) literary, artistic or other content, including but not limited to photos and videos
(“Customer Submissions”) (Customer Feedback together with Customer Submissions, “Customer Content”). By
providing Customer Content to Amkay Products Ltd Enterprises via any method (e.g. site submission, email, survey
responses, etc.), Customer represents and warrants to Amkay Products Ltd Enterprises that (i) Customer has all
necessary rights to distribute Customer Content via this website or via the Services found at this
website, either because Customer is the author of the Customer Content and has the right to distribute
the same, or because Customer has the appropriate distribution rights, licenses and/or permissions to
use, in writing, from the copyright or other owner of the Customer Content, and (ii) Customer does not
violate the rights of any third party.
3. License to Amkay Products Ltd . Amkay Products Ltd will
have the right to use and disclose any Customer Content posted to Amkay Products Ltd corporate websites or
submitted directly to Amkay Products Ltd for any lawful purpose. In no event will Customer or anyone else be
entitled to any compensation or acknowledgement for Amkay Products Ltd use of any Customer Content. Customer’s
provision of Customer Content is entirely voluntary and will not create any confidentiality obligation
for Amkay Products Ltd . By submitting Customer Content, Customer hereby grants Amkay Products Ltd an irrevocable, perpetual,
transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensable through
multiple tiers) to: (a) use, copy, distribute, reproduce, modify, create derivative works of, adapt,
publish, translate, publicly perform, and publicly display Customer Content (or any modification
thereto), in whole or in part, in any format, medium or application now known or later developed, and
(b) use (and permit others to use) Customer Content in any manner and for any purpose (including, but
not limited to, commercial purposes) that Amkay Products Ltd deems appropriate in its sole discretion (including, but
not limited to, to incorporating Customer Content (or any modification thereto), in whole or in part,
into any technology, product or service. The provisions in this Section apply specifically to Amkay Products Ltd use
of Customer Content posted to Amkay Products Ltd corporate websites or submitted directly to Amkay Products Ltd . The provisions in
this Section are not intended to and do not have the effect of transferring any ownership (including
intellectual property rights) Customer may have in content posted to Customer’s hosted sites or granting
any license (including intellectual property rights) to content posted to Customer’s hosted sites (other
than as necessary for Amkay Products Ltd to host Customer’s sites and provide the Services). Customer will be
solely responsible for any and all of the Customer Content that is submitted through Customer’s account,
and the consequences of, and requirements for, distributing it.
6. Export of Services or Technical Data
1. Customer may not remove or export
from Australia or the United States or allow the export or re-export of the Services, or any direct
product thereof, including technical data, in violation of any restrictions, laws, or regulations of
Australia, the United States or any other applicable country.
7. Fees and Payment; Upgrade, Downgrade and
Cancellation of Services
1. Fees. In consideration of the
Services provided, Customer will pay Amkay Products Ltd all fees due according to the prices and terms listed on this
website. Amkay Products Ltd reserves the right to modify its pricing and terms at any time, and such changes or
modifications will be posted on this website and effective immediately upon the next renewal, billing
period, upgrade or downgrade of the Services with and/or without notice to Customer. All payments are
NON-REFUNDABLE.
2. Taxes. All fees are exclusive of
all federal, state, and/or other governmental sales, goods and services, harmonized or other taxes, fees
or charges. If Customer is a resident of Australia, Customer is responsible for all applicable Goods and
Services Taxes.
3. Billing Policies and Cycles. All
billing invoices and payment notifications will be maintained directly in Customer’s Account Portal. The
billing cycle begins on the day Customer converts to a paid store (the “Billing Date”) and is due on
that day each month, partial year or year thereafter, depending on the Service plan selected and billing
terms for individual Services. Billing related to the purchase of SSLs or Domains are billed once these
products/services have been purchased by Customer.
4. Payment. A valid credit card is
required for accounts to process payment. Amkay Products Ltd Enterprises will automatically charge Customer’s credit
card on file based on Customer’s billing cycle (monthly, partial yearly or yearly, depending on the
Services selected and billing terms for individual Services) until Customer validly terminates the
Services. Fees for prepaid Services are based on Services purchased, regardless of actual usage and
payments made for such Services are NON-REFUNDABLE. Amkay Products Ltd Enterprises DOES NOT PROVIDE REFUNDS OR CREDITS
FOR ANY PARTIAL DAYS, MONTHS OR YEARS AND DOES NOT PROVIDE REFUNDS TO CUSTOMERS WHO DO NOT USE THEIR
ACCOUNTS OR LOG IN.
5. Disputed Charges/Billing
Inquiries. It is Customer’s obligation to review all charges for accuracy. Customer has 30 days from the
date of billing to contact Amkay Products Ltd Enterprises and/or dispute the charge. Failure to do so within the
specified time frame will constitute Customer’s agreement that all charges are valid and Customer
thereby waives any claims it may have had regarding such charge.
6. Upgrades. Should Customer elect
to upgrade its prepaid Services or if such Services are automatically upgraded pursuant to the last
sentence of this Section 7.7, the Billing Date of the next renewal period will remain the same; however,
Customer will be billed immediately for the pro-rata portion of the upgraded Services fee for the
remainder of the current billing period. For example, if a month-to-month customer is billed on October
9th for monthly prepaid Services from October 9th to November 8th, and such Customer’s account is
upgraded effective on October 30th, then such Customer will be charged immediately for the pro-rata
usage of the upgraded plan from October 30th to November 8th. On November 9th such Customer will be
charged for the full monthly fee amount of the upgraded plan.
7. Downgrades. Should Customer elect
to downgrade its prepaid Services, the downgrade will take effect on the commencement of the next
renewal period. In other words, Amkay Products Ltd Enterprises DOES NOT provide credits or refunds on downgrades that
are effective during the applicable billing period (whether such period is a month, quarter or year).
For example, if a month-to-month customer is billed on October 9th for prepaid Services from October 9th
to November 8th and such customer downgrades the prepaid Services effective on October 30th, then the
downgrade will take effect on the next billing date, i.e. November
9th.
8. Cancellations. Amkay Products Ltd Enterprises Services will continue in effect until
Customer validly terminates the Services.
Customer may terminate Amkay Products Ltd Enterprises Analytics upon
request. If the termination date is after the Billing Date for the Service, Customer will be billed for
Amkay Products Ltd Enterprises Analytics based on the applicable pricing tier using the Customer’s store’s order
volume for the preceding 30 days from the termination date and prorated based on usage. For example, if
Customer’s Billing Date is the 15th of every month and Customer terminates with an effective date of
termination on June 8, Customer’s final bill for Amkay Products Ltd Enterprises Analytics will be calculated based on
Customer’s store’s order volume for the proceeding 30 days as of the termination date and the applicable
tiered pricing will be pro-rated from May 15 through June 8. If Customer terminates Amkay Products Ltd Enterprises
Analytics prior to the first Billing Date after Customer adds the Service, Customer’s final bill for
Amkay Products Ltd Enterprises Analytics will be based on the applicable pricing tier using Customer’s store’s order
volume for the preceding 30 days and prorated for usage.
8. Prohibited Practices
1. Prohibited Offerings. Customer
may not utilize the Services to provide, sell or offer to sell the following: replicas; controlled
substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making,
assembling or obtaining illegal goods or weapons to attack others; information used to violate the
copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information;
information used to illegally harm any people or animals; pornography, nudity, sexual products, programs
or services; escort services or other content deemed adult related.
2. Profanity. Profanity, profane or
otherwise inappropriate subject matter in the site content and in the domain name are prohibited.
3. Private Information and Images.
Customers may not post or disclose any personal or private information about or images of children or
any third party without the consent of such party (or a parent’s consent in the case of a minor).
4. Violations of Intellectual
Property Rights. Any violation of any person’s or entity’s intellectual property rights, rights of
privacy, rights of publicity or other personal rights is prohibited. Amkay Products Ltd Enterprises may remove or
block access to content appearing on or through the Services upon receipt of proper notice of copyright
infringement (see “Reporting Claims of Copyright Infringement” below).
5. Misrepresentation of Transmission
Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information
and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
6. Viruses and Other Destructive
Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for
pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also
prohibited for Customer to engage in other activity that is intended to disrupt or interfere with, or
that results in the disruption of or interference with, the ability of others to effectively use the
Services (or any connected network, system, service or equipment) or conduct their business over the
Internet.
7. Hacking. “Hacking” and related
activities are prohibited. “Hacking” includes, but is not limited to, the following activities:
illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting
to penetrate security measures, port scans, stealth scans, and other activities designed to assist in
hacking.
8. Anonymous Proxies. Amkay Products Ltd
Enterprises does not allow the use of anonymous proxy scripts on its servers. They can be very abusive
to the server resources, affecting all users on that server. Customer will not access or copy any
portion of the Services through any automated viewing, downloading or crawling systems.
9. Export Control Violations. The
exportation of encryption software outside of Australia or the United States and/or violations of
Australian or United States law relating to the exportation of software is prohibited. Customer may not
export or transfer, directly or indirectly, any regulated product or information to anyone outside
Australia or the United States without complying with all applicable statues, codes, ordinances,
regulations, and rules imposed by Australian and United States federal, state or local law, or by any
other applicable law.
10. Child Pornography. The use of
the Services to store, post, display, transmit, sell, advertise or otherwise make available child
pornography is prohibited. Amkay Products Ltd Enterprises is required by law to, and will, notify law enforcement
agencies when it becomes aware of the presence of child pornography on, or being transmitted through,
the Services.
9. Backup Storage
1. Amkay Products Ltd Enterprises offers its
Services to host ecommerce websites, not to store data. Using an account as an online storage space for
archiving electronic files is prohibited and will result in termination of Services without prior
notice. For its own operational efficiencies and purposes, Amkay Products Ltd Enterprises from time to time backs up
data on its servers, but is under no obligation or duty to Customer to do so under these Terms. IT IS
SOLELY CUSTOMER’S DUTY AND RESPONSIBILITY TO SEPARATELY BACKUP CUSTOMER’S FILES AND DATA WHICH MAY
RESIDE ON Amkay Products Ltd Enterprises SERVERS. UNDER NO CIRCUMSTANCES WILL Amkay Products Ltd Enterprises BE LIABLE TO ANYONE FOR
DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF CUSTOMER’S FILES AND/OR DATA ON ANY Amkay Products Ltd
Enterprises SERVER.
10. Miscellaneous
1. Governing Law; Jurisdiction. The
laws of the State of New York will govern the validity and construction of these Terms and any
dispute arising out of or relating to these Terms, without regard to the principles of conflict of laws.
Customer hereby consents (and waives all defenses of lack of personal jurisdiction and forum non
conveniens with respect to the jurisdiction and venue of the federal and state courts located in New
York (USA). Customer agrees to waive the right to trial by jury in any action or proceeding that takes
place relating to or arising out of this Agreement. The United Nations Convention on Contracts for the
International Sale of Goods will not apply to these Terms and is hereby expressly excluded.
2. WARRANTY DISCLAIMER. CUSTOMER
SPECIFICALLY ACKNOWLEDGES AND AGREES THAT ITS USE OF THIS WEBSITE AND THE SERVICES FOUND AT THIS WEBSITE
WILL BE AT ITS OWN RISK AND THAT THIS WEBSITE AND THE SERVICES FOUND AT THIS WEBSITE ARE PROVIDED “AS
IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. Amkay Products Ltd Enterprises, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, STATUTORY, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Amkay Products Ltd Enterprises, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS MAKE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT (A) THE ABILITY OF THE
SERVICES OR SOFTWARE TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT, (B) THE
ACCURACY, COMPLETENESS, OR CONTENT OF THIS WEBSITE OR THE SERVICES OR SOFTWARE, (C) THE ACCURACY,
COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO
THIS WEBSITE, AND/OR (D)) THE SERVICES FOUND AT THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, AND Amkay Products Ltd Enterprises ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR THE SAME.
IN ADDITION, CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES
THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Amkay Products Ltd Enterprises, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES),
WHETHER DIRECTLY OR INDIRECTLY, WILL (A) CONSTITUTE PERSONAL, LEGAL OR FINANCIAL ADVICE OR (B) CREATE A
WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND WITH RESPECT TO THIS WEBSITE OR THE SERVICES FOUND AT
THIS WEBSITE. CUSTOMER SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE, AND CUSTOMER SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO ITS SITUATION.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS, CONDITIONS
AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR
EXPIRATION OF THIS AGREEMENT OR CUSTOMER’S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR
LIMITATION OF IMPLIED REPRESENTATIONS, CONDITIONS OR WARRANTIES, OR ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER. IN SUCH EVENT,
Amkay Products Ltd Enterprises’S WARRANTIES, CONDITIONS AND REPRESENTATIONS WITH RESPECT TO THIS WEBSITE, THE
SERVICES, AND SOFTWARE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH
JURISDICTION.
3. LIMITATION OF LIABILITY. Amkay Products Ltd
Enterprises, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ASSUME NO RESPONSIBILITY WITH RESPECT TO
CUSTOMER’S OR ITS END USER’S USE OF THE SERVICES AND WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT,
INCIDENTAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF
USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, LOSS OF PROFITS, AND LOST REVENUE, WHETHER SUCH DAMAGES ARE
ALLEGED IN TORT, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Amkay Products Ltd Enterprises IS
AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Amkay Products Ltd Enterprises, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS WILL IN NO EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY Amkay Products Ltd
Enterprises FROM CUSTOMER FOR THE SERVICES DURING THE 12-MONTH PERIOD BEFORE THE CLAIM OR CAUSE OF
ACTION AROSE. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE MUST
BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION WILL
BE PERMANENTLY BARRED.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR
LIMITATION OF CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO CUSTOMER. IN SUCH EVENT, THE LIABILITY OF Amkay Products Ltd Enterprises, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS FOR SUCH DAMAGES WITH RESPECT TO THIS WEBSITE AND THE SERVICES WILL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS
AGREEMENT OR CUSTOMER’S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS
WEBSITE.
4. Indemnification of Amkay Products Ltd Enterprises. Customer agrees to defend,
indemnify and hold Amkay Products Ltd Enterprises and its Content Providers and the respective directors, officers,
employees and agents of each harmless from and against any and all claims, losses, damages, liabilities
and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or
relating to Customer’s breach of any of these Terms or use by Customer or any third party (authorized,
permitted or enabled by Customer) of the Services, except to the extent the foregoing directly result
from Amkay Products Ltd Enterprises’s own gross negligence or willful misconduct. Amkay Products Ltd Enterprises reserves the right,
at its own expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by Customer. THIS FOREGOING INDEMNIFICATION WILL SURVIVE ANY TERMINATION OR EXPIRATION
OF THIS AGREEMENT OR CUSTOMER’S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
5. Severability. If any provision of
this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to
the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and
enforceable.
6. No Assignment by Customer.
Customer may not assign this Agreement without the prior written consent of Amkay Products Ltd Enterprises, which Amkay Products Ltd
Enterprises may refuse in its sole discretion. Any attempt by Customer to assign this Agreement without
prior written consent from Amkay Products Ltd Enterprises will be deemed null and void. Amkay Products Ltd Enterprises may assign
this Agreement at any time. Subject to the foregoing, this Agreement will bind and inure to the benefit
of the parties, their respective successors and permitted assigns.
7. Waiver. The failure of Amkay Products Ltd
Enterprises to exercise or enforce any right or provision of these Terms or this Agreement will not
constitute a waiver of such right or provision.
8. Entire Agreement. Both parties
agree that this Agreement is the complete and exclusive statement of the mutual understanding of the
parties and supersedes and cancels all previous written and oral agreements, communications, and other
understandings relating to the subject matter of this Agreement, and that all waivers and modifications
must be in a writing signed by both parties, except as otherwise provided herein. The section headings
and titles in these Terms and this Agreement are for convenience only and have no legal or contractual
effect. These Terms and this Agreement will be interpreted without application of any strict
construction in favor of or against Customer or Amkay Products Ltd Enterprises.
9. Independent Contractors. No
agency, partnership, joint venture or employment is created as a result of this Agreement, and Customer
does not have any authority of any kind to bind Amkay Products Ltd Enterprises in any respect
whatsoever.
10. Attorneys’ Fees. In any action or proceeding to enforce rights
under this Agreement, the prevailing party will be entitled to recover its costs and attorneys’
fees.
11. Force Majeure. Amkay Products Ltd Enterprises will have no liability to Customer or
any third party for any failure by Amkay Products Ltd Enterprises to perform its obligations under these Terms in the
event that such non-performance arises as a result of the occurrence of an event beyond the reasonable
control of Amkay Products Ltd Enterprises, including without limitation an act of war or terrorism, natural disaster,
failure of electricity supply, riot, civil disorder, or civil commotion or other event of force majeure.
11. Additional Service Specific Terms
In addition to the Terms above, Customer also agrees to be
bound by the additional service specific terms applicable to the Services Customer purchases or uses
provided by Amkay Products Ltd Enterprises or its partners. The following Service Specific Terms are hereby
incorporated by reference and are binding upon Customer.
1. Third Party Services, Websites,
Links and Information. Amkay Products Ltd Enterprises or its personnel may from time to time recommend or enable third
party software, products, services or website links for Customer’s consideration or use. Such software,
products, services, and links are provided only as a convenience to customers of the Services. Some of
the Services made available through this website may be subject to additional third party licensing
terms or third party terms of use, including the ones posted here and incorporated herein by reference.
Inclusion of any of the foregoing in the Services does not constitute or imply an endorsement,
authorization, sponsorship, or affiliation by or with Amkay Products Ltd Enterprises with respect to any third party,
any third party’s website or its content, or any information, products, or services provided by a third
party.
These Terms and the Privacy Policy do not apply to such
third party websites, and Customer should review such third party websites’ privacy policies, terms and
conditions and business practices as they may be different than Amkay Products Ltd Terms and it is Customer’s sole
responsibility to comply with such third party terms. Access to any other website is at Customer’s own
risk, and Customer’s dealings and communications with any third party in connection with such third
party’s website are solely between Customer and such third party.