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 _____________ 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. For the Canada MAP policy guidelines and pricing please refer to the following link: ______________
TERMS AND CONDITIONS OF SALE
- Customer and AMMEX Corporation, the (“Seller”) of merchandise described on this invoice agree to be bound by all terms and conditions governing the purchase and sale of the merchandise described on this invoice (the “Merchandise”), including the Terms and Conditions of Sale incorporated herein, all of which are a part of this invoice and should be carefully read. Any provisions in the Customer’s purchase orders, billing statements, acknowledgment forms or similar documents which are inconsistent with the provisions of this invoice shall be deemed waived by Customer and are of no force or effect.
- Seller shall not be liable due to late delivery or non-delivery caused by war, demands or requests of governmental authority, national defense, civil commotion, strike, labor trouble, fire, flood, accident, failure in merchandise or production equipment, inability to obtain fuel, power, raw materials or shipping capacity, or other causes beyond the reasonable control of Seller. If resulting delay occurs, shipments may be proportionately or wholly suspended and resumed upon removal of such cause. Quantities so affected may be eliminated from the order without liability, but the order shall remain otherwise unaffected. Shipments made within seven days of the shipment date provided on this invoice shall be deemed deliveries in compliance with this order.
- All delivery dates quoted are estimates only. All freight and delivery charges from Seller’s warehouse shall be paid as a separate item and are not included in Seller’s price unless specifically so stated. Seller has option to make partial deliveries and Customer shall accept these unless otherwise specifically agreed to by Seller.
- The purchase price for the Merchandise shall be paid in accordance with the terms set forth in this invoice. In the event Customer fails to fulfill the terms of payment, or in case Seller shall have any doubt at any time as to Customer’s financial responsibility, Seller may decline to make further deliveries, except upon receipt of cash or satisfactory security. Past due balances are subject to a late payment charge of 1.5% per month, or the maximum amount permitted by applicable law, whichever is less. Customer shall pay all costs, fees, including attorney’s fees, and expenses incurred by Seller in collecting monies due or to become due hereunder, regardless of whether a lawsuit is filed. All sales shall be deemed to take place at the applicable Seller’s distribution facility, and both transfer of title for shipped/purchased Merchandise and the risk of loss for said Merchandise shall be deemed to take place at the applicable Seller’s distribution facility.
- Effective April 1, 2020, Merchandise is no longer eligible for return. All sales will be deemed final. No returns shall be accepted. Returns received will be refused and no credit shall be given.
- For sales prior to April 1, 2020, customers seeking to return Merchandise must call Seller’s service department at 1-800-274- 7354 to secure a return authorization number. No returns shall be accepted without a return authorization number issued by the Seller. Returns without prior approval of Seller will be refused and no credit shall be given. Returns are subject to a restocking fee except for shipping error or defective Merchandise. Authorized returns must be received within 30 days of receipt to be eligible for full refund without a restocking fee. Returns received after 30 days will be refused.
- In the case of defective Merchandise, Customer must contact the Seller within 10 days of receipt to obtain a return authorization number. All defective Merchandise must be returned to the Seller’s Kent, Washington warehouse within 30 days of receipt. The Customer will receive a full refund (including applicable freight).
- Invoice Adjustment Policy: Customer must refuse all damaged or Merchandise shipped in error at the time of receiving said Merchandise. Customer must note all shortages/damage and other discrepancies at time of the Merchandise’s delivery and include: 1) an exact count of the Merchandise that was not received or was damaged, 2) Customer’s or consignee’s signature, 3) confirmation of Merchandise’s delivery. If Customer or consignee signs a delivery receipt with no exceptions it acknowledges receiving a complete shipment. Customer must report all receiving discrepancies to Seller’s service department within 72 hours of Merchandise delivery date (phone (800) 274-7354; fax (425) 251-8656). Failure to fulfil terms of this policy may result in invoice adjustment being declined. Failure of Seller to receive written notice of any such claim within the applicable time period shall be deemed an absolute and unconditional waiver by Customer of such claim irrespective of whether the facts giving rise to such claim shall have been discovered or whether processing, further manufacture, other use or resale of the Merchandise shall have taken place.
- It is understood and agreed that Seller’s liability whether in contract, tort, warranty, negligence or otherwise shall not exceed the amount paid by Customer. Under no circumstances shall Seller be liable for special, indirect or consequential damages. The price stated on the invoice for the purchased Merchandise is a consideration limiting Seller’s liability. No action, regardless of form, arising out of the transactions under this invoice may be brought by Customer more than one year after the cause of action has accrued.
- WARRANTIES. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE SELLER SHALL NEVER BE HELD TO BE OBLIGATED OR LIABLE UPON OR UNDER ANY GUARANTIES OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, BY OPERATION OF LAW, OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS UNDER ANY STATE’S UNIFORM COMMERCIAL CODE IN ANY MANNER OR FORM. CUSTOMER IS MAKING THIS PURCHASE AFTER AND IN RELIANCE ON ITS FULL AND COMPLETE EXAMINATION OF THE MERCHANDISE, AND NOT BY REASON OF ANY REPRESENTATION AS TO ITS MERCHANTABILITY, SPECIFIC ATTRIBUTES OR OTHERWISE, MADE BY OR ON BEHALF OF THE SELLER.
- Seller’s failure to insist upon performance of any of the terms and conditions herein, or to exercise any right or privilege, or Seller’s waiver of any breach hereunder shall not thereafter waive any of the terms, conditions or provisions, whether of the same or similar type.The invalidity, in whole or in part, of any provisions hereof shall not affect the validity of any other provision.
- This Agreement is not assignable or transferable by Customer, in whole or in part, except within the written consent of Seller.
- When in the opinion of Seller there is a period of shortages of supply of Merchandise for any reason, Seller may allocate its available supply among any or all of its various Customers upon such basis as Seller shall deem fair and practicable, with no liability on its part for failure to deliver the quantity or any portion therein specified. If questions, issues or concerns arise please call Seller’s finance department at 1-800-274-7354.
- Customer may not list or resell any Seller’s Merchandise on any online 3rd party market place, without prior Seller’s prior consent.
- With the purchase of Seller’s Merchandise, Customer must adhere to Seller’s Minimum Advertised Price (“MAP”) policy, which can be reviewed at ww.ammex.com.
- With the purchase of Seller’s Merchandise, Customer must adhere to Seller’s Brand Guidelines, which can be reviewed at www.ammex.com.
- If Customer is an authorized distributor for the Seller, and has a current Distribution Agreement with the Seller, Customer agrees to adhere to all of the obligations described in its Distribution Agreement. Additionally, if you are a reseller of AMMEX products, you will adhere to the following terms and conditions:
- Maintain accurate and up-to-date company information and disclose all retail locations that carry AMMEX throughout the term of your reseller relationship with AMMEX, upon AMMEX request and provided in writing within 3 days. Qualifying retail locations can only be one of the following: your physical brick & mortar store(s), your commerce-enabled website(s), or temporary storefronts (events, trade shows, pop up stores, etc.)
- You must provide unit sell-thru information by SKU and by approved retail location upon request. AMMEX reserves the right to perform an audit of financial statements pertaining to AMMEX sales or the business operations (conduct) to ensure compliance with this policy.
- You must comply with AMMEX’s Intellectual and Branding Guidelines and represent yourself as an AMMEX Authorized Reseller in all online advertising & sales collateral. Setting up businesses, registering domain names, or social media usernames that contain any of AMMEX’s trademarks is strictly prohibited. To ensure compliance with AMMEX’s policies, you must only use approved marketing materials for all AMMEX products. You can read the entirety of AMMEX’s Intellectual Property and Branding Guidelines at https://www.ammex.com/ip-and-branding-guidelines/
- You must not buy AMMEX products from other retailers, or from other sources not explicitly endorsed by AMMEX.
- You may not alter original AMMEX packaging in any way prior to reselling AMMEX products. Removing AMMEX products from packaging and reselling AMMEX products in a different packaging or under a different name is strictly prohibited.
- You must be able to use standard set of AMMEX supplied data in product data feeds that you distribute to 3rd party advertising venues unless prior written permission is obtained from AMMEX.
- You must not re-SKU or bundle AMMEX products in your online assortments & data feeds without receiving prior written permission from AMMEX.
- You agree to reasonably cooperate with AMMEX in preventing unauthorized exportation of AMMEX® Products. For AMMEX® products which incorporate an individualized numerical designation (e.g. serial number) and which are sold in bulk, defined as four (4) or more units in a single transaction, or ten (10) or more units purchased by the same individual within thirty (30) days (“Serialized Bulk Products”), You shall endeavor to request the following information: customer name, customer address, customer phone, product serial numbers, and dates of transaction. The customer information is not required to be transferred to AMMEX, however it should be used to identify suspicious purchase patterns. In the event the customer refuses to provide such information, you should reduce the transaction quantity to below the applicable Serialized Bulk Products threshold.
- You will not advertise, market, display, or demonstrate non-AMMEX products together with AMMEX products in a manner that would create the impression that the non-AMMEX products are made by, endorsed by, or associated with AMMEX.
- You must only take orders via publicly accessible ecommerce enabled web pages hosted on approved websites owned and operated by you. Selling on 3rd party sites domestic or international sites (eBay, Amazon, Alibaba, etc.), dropship accounts (Buy.com, Newegg.com, Overstock.com, etc.), classified sites (Craigslist.com, Facebook Marketplace, etc.) or direct messages on forums both domestic or international is strictly prohibited.
- You must restrict customer order shipments to shipping addresses located within the country where AMMEX has delivered its products to you. This excludes fulfillment of orders to international end users via a freight forwarder located within the country as defined above. You agree to distribute products only to the country of purchase or initial shipment. Exporting of products to countries requires express permission of AMMEX on a case by case basis. At no time shall AMMEX or its affiliates be liable for any or all claims arising from the importation of products not specifically authorized by AMMEX. You assume all responsibility and hold AMMEX and its affiliates harmless from any claim brought by any third party who purchased AMMEX product inconsistent with this provision.
- You must ensure Payment Card Industry (“PCI”) compliance for all approved commerce enabled websites owned & operated by your company.
- You must ensure industry-standard e-commerce security and fraud protection measures are in place, including two-factor authentication, authorized territory shipping restrictions, and customer fraud resolution procedures.
- AMMEX product videos are the property of AMMEX. AMMEX grants imbed rights to you only for use on your corporate ecommerce website, and not on any 3rd party websites at any time. Embedded videos must be embedded in their entirety and may not be edited. All videos embedded must be on accessible, family friendly websites and available free of charge.
- AMMEX wants to engage with its distributors through social media. AMMEX encourages following/liking and will reciprocate in kind. AMMEX content must be shared and may not be copied and pasted without violating copyright guidelines. You acknowledge and agree that you will not take any action that is in conflict with our rights in or ownership of AMMEX. You will not disparage, or post anything that creates negative goodwill about any products, brands, content, and/or person’s affiliated with or employed by AMMEX. All messaging must be consistent with these guidelines and those set forth in Exhibit A.
- You may not conduct any public relations campaigns that cite, show, or communicate anything about AMMEX without AMMEX’s written permission, which permission can be refused. In no case will you take any action that is in conflict with our rights in or ownership of AMMEX.
- Please read the official SEMA 2018 contest rules for the Spark Plug Challenge here
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.