WEBSITE USAGE POLICY
WEBSITE USAGE POLICY
Accessing this website: www.ammex.com (“Site”) constitutes your agreement to the following Terms and Conditions (“Terms”). You are also representing to us that you are an authorized representative of the company for whom you work (the “Company”) who has legal authority to sign contracts on its behalf. For purposes of these Terms the use of the word “you” refers always to the Company and to you personally. If you do not agree with to adhere to Term, you may not access the Site.
The Site is operated by AMMEX, Corporation (“AMMEX,” “us” or “we”). We are a company incorporated in the state of Washington and our principal place of business is located at 1019 W James Street, Suite 200 in Kent, WA 98032, Telephone Number: 800-274-7354, Email Address: [email protected]
We reserve the right to revise these Terms at any time. As such, you should check these Terms periodically. Changes will not apply to any orders we have already accepted. If you violate any of the terms of these Terms you will have your access canceled and you may be permanently banned from accessing the Site. If you access the Site after we have posted changes to these Terms, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms were last updated.
INTELLECTUAL PROPERTY AND BRANDING GUIDELINES POLICY
To view our Intellectual Property and Branding Guidelines Policy, click here. We created the Intellectual Property and Branding Guidelines Policy to inform you that by accessing the Site, you are acknowledging that you as a user will adhere to AMMEX’s Intellectual Property and Branding Guidelines Policy.
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through the “My Account” feature and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under the “My Account” feature or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site at any time without prior notice.
NON-DISCLOSURE & CONFIDENTIALITY
Information shall be disclosed: (a) in writing; or (b) by delivery of items; or (c) by initial access to Information, such as may be in a database; or (d) by oral or visual presentation. All disclosed information shared by AMMEX to you is deemed confidential, unless explicitly expressed in writing.
You agree to:
(a) use the same care and measures to avoid unauthorized disclosure, publication or dissemination of AMMEX’s Information as you use with your own similar information that you do not wish to disclose, publish or disseminate; and
(b) use AMMEX’s Information for the purpose for which it was disclosed or otherwise for the benefit of AMMEX.
You may disclose Information to:
(i) “Representatives”, meaning your employees, contractors, advisors, or consultants who have a need to know, and employees of any legal entity that you control, controls you, or with which are under common control, who have need to know. Control means to own or control, directly or indirectly, over 50% of voting shares; and
(ii) any other party with AMMEX’s prior written consent. Before disclosure pursuant to (i) above, you will have a written agreement with the Authorized AMMEX Representative sufficient to require that person to treat Information in accordance with this Agreement.
You may disclose Information to the extent required by law. However, you will give AMMEX prompt notice to allow AMMEX a reasonable opportunity to obtain a protective order, unless prohibited by law, regulation or court order. If you becomes aware of an unauthorized disclosure, publication or use of AMMEX’s Information, you will cooperate with AMMEX to help regain control of the Information and prevent further unauthorized disclosure, publication or use.
Exceptions to Obligations: You may disclose, publish, disseminate and use Information that is:
(a) already lawfully in its possession without obligation of confidentiality;
(b) developed independently;
(c) lawfully obtained from a source other than AMMEX that can lawfully disclose without obligation of confidentiality; or
(d) publicly available when received, or subsequently becomes publicly available without breach of this Agreement or lawfully by a third party.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and regulations.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party. AMMEX seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). AMMEX is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Site is provided on an “AS IS,” “as available” basis. We do not warrant that your use of the Site will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. We make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third party service descriptions posted on the Site, please refer to the manufacturer or Associates for details. The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
You agree to indemnify, defend, and hold harmless AMMEX, its officers, directors, Employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you (e.g., through an author chat, online review, or participation in our Community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Site. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property, our users and customers and/or you.
We reserve the right, but not the obligation, to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers, our rights or any third party. We assume no liability for any action or inaction with respect to conduct, communication, or Content on the Site.
YOUR USER CONTENT POSTED ON THE SITE
For any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “User Content”), sent, transmitted, or uploaded by you on the Site, you agree to grant (i) us and our respective contractors and business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each user’s personal, non-commercial use. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Site, and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us, if we elect in our sole discretion, to email your User Content to other users.
You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
YOUR CONSENT TO NOTICES
You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to access the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of terms outlined on this document or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
USAGE BY MINORS
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of Washington, USA, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and AMMEX.
If you access the Site from within the United States or Canada, any dispute relating in any way to your visit to the Site, to these Terms, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Seattle, WASHINGTON, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. The prevailing party in such a dispute shall be entitled to recover its reasonable attorneys’ fees and costs.
HOW TO ORDER THROUGH THE SITE
Where applicable and available, after placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider’s inventory. In the event of a conflict between the Terms and the provisions of an Order Confirmation, Shipping Confirmation or any other contractual document between us the provisions of the Terms controls.
PRICES, AVAILABILITY AND ERRORS
Products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced, the quantity or availability of a product may have changed just prior to you placing your order or other errors may be displayed on the product page. We will normally verify prices, availability and confirm there are no errors on the product page as part of our dispatch procedures.
Where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty. On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfilment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
We reserve the right to correct any errors, inaccuracies or omissions on a product page. We reserve the right to rescind our acceptance and cancel your order without penalty in the event there is an obvious and unmistakable error on the product page, in our reasonable discretion. If you have already received your order, we will do our best to resolve your concern.
COLLECTION OF TAX
You are responsible, where applicable, to pay all state and federal taxes as required by law on your purchases and transactions of AMMEX products.
MINIMUM ADVERTISED PRICE (“MAP”)
AMMEX, Corporation (“AMMEX”) is transforming the way consumers protect themselves and others by leveraging the innovative products of of AMMEX. The quality and volume of their shared AMMEX content, coupled with their enthusiasm for our brand, virally drives awareness and demand for our products.
We recognise that our success is tied to the success of our network of select authorized distributors. We also know that many of our distributors invest significant time and resources to deliver an extraordinary customer experience. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our distributor’s service and support efforts. As a result, AMMEX has unilaterally established this Minimum Advertised Price Policy (“MAP Policy”). See here to review the MAP.
AMMEX, in its sole discretion, reserves the right to discontinue doing business with any distributor that advertises any product(s) covered by this MAP Policy at a price lower than the indicated MAP.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
RISK OF LOSS
All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
When you join and provide us with your mobile phone number, you agree that we may send you text messages (including SMS and MMS) to your phone number.
In order to receive assistance or help, simply text HELP to or reply to any message from us with HELP. You may also contact our customer service department by visiting our website or dialing 800-274-7354 if you live in the U.S. or Canada. Message & data rates may apply.
In order to terminate you must text STOP to 24242 or reply to any message from us with STOP. We will reply to you with a message confirming you have elected to stop receiving text messages. Except for the final confirmation message terminating the program, we will send you messages between the hours of 8:00 am and 10:00 pm using the time zone associated with the area code of your mobile device. In order to subscribe, text “JOIN” to 24242. In reply, we will send you a confirmation text message, and you may need to reply as instructed to complete registration. We will send you up to eight (8) messages per week. We will not charge you for sending or receiving messages, but message and data rates from your phone carrier may apply, and are solely your responsibility. Compatible phone carriers include: AT&T;, T-Mobile, Verizon Wireless, Sprint, Nextel, Boost, U.S. Cellular and Metro PCS. Texts may be sent through an automatic telephone dialing system. Your phone carrier may prohibit or restrict certain mobile features, and they may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
You agree to notify us of any changes to your mobile number and update your account(s) with us to reflect this change. You also agree that we will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator.
SPECIAL TERMS FOR OUR NON-U.S. CUSTOMERS
1. Role of Bongo International, LLC
Bongo International, LLC (“Bongo”) is one of our many fulfillment providers, and assists us in getting products to our international customers. When you click to the checkout page on the Site, you will be redirected to a checkout page hosted by Bongo to complete your order. On the checkout page you are required to select a method of payment. You will be required to submit payment (e.g., credit card) and personal information to Bongo to complete your order. Upon completion and approval of your order by Bongo, Bongo will notify us of the approval or denial of your order. Once notified by Bongo of your approval, we will process your order and ship the product directly from our warehouse; or cause one of our third party fulfillment providers to ship the product directly from their warehouse, to Bongo. Bongo will thereupon purchase the product from us thereby taking title to the product(s), bill your financial institution, collect and remit any duties and taxes to the appropriate taxing authority and arrange for the product to be delivered to your doorstep by common carrier. In this process, Bongo makes the sale to you as the merchant of record, but we are legally obliged to deliver the product(s) ordered as set out in these Terms. If you have any questions about products ordered, you should direct them to us and not to Bongo. When ordering a product, you will be presented with Bongo’s terms and conditions to which you must agree in order to receive the product(s) you ordered. If there is any inconsistency between these Terms and those presented by Bongo, these Terms will prevail.
2. Non-U.S. Pricing
Pricing of products available for purchase by non-U.S. customers may vary by country and from our prices for our U.S. customers, owing to the inclusion of all or a portion of shipping, taxes, service fees, duties and imports factored into the price of the product.
3. Delivery Times
Your order will be fulfilled by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation, which could in exceptional circumstances be longer than 30 days.
4.Disclaimers of Warranty and Limitations of Liability
To all international customers only, we warrant to you that, where you buy a product as a consumer, any product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will conform with description or sample.
Our liability for losses any international customer suffers as a result of us breaking these Terms or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the Terms. Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us.
AMMEX cannot be held liable for any and all taxes, duties, charges, fees or penalties resulting from the exportation or importation of AMMEX products. AMMEX is held harmless from any costs, loss of product, loss of revenue associated with the exportation or importation of any product by any individual or company outside of AMMEX Corporation. It is solely your responsibility to determine the products meet the importation/exportation requirements.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
Other than the warranties and other assurances we give you in these Terms, we specifically disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by us shall create a warranty (unless made fraudulently).
5. Applicable Law
If you access the Site from anywhere other than the United States or Canada, you agree that English law will govern these Terms and the purchase of products by you through the Site, and that any dispute of any sort that might arise between you and AMMEX or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of England and Wales.