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PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
Welcome to the My Ami website located at www.My Ami.com (the "Site"). These terms of use ("Site Terms" or “Agreement”) describe the legal framework in which you participate on this Site, what your rights and responsibilities are and what you can expect from us. In addition, when you use any My Ami service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into the Site Terms by this reference. My Ami reserves the right to change this Site and these terms and conditions at any time. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with My Ami, or its subsidiaries or affiliates, for products, services or otherwise.
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, My Ami hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by My Ami in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by My Ami in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by My Ami in advance. My Ami reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if My Ami believes that customer conduct violates applicable law or is harmful to its interests.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of My Ami. Product representations expressed on this Site are that of the vendor and are not made by My Ami.
My Ami may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and My Ami has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify My Ami of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
USER CONTENT
You retain all ownership rights to content you publish on My Ami (" User Content "). However, you grant My Ami a nonexclusive, royalty-free, perpetual, irrevocable, and assignable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. In addition to the rights applicable to any User Content, you grant My Ami and its affiliates and sub-licensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by My Ami will not infringe upon or violate the rights of any third party. We ask that you refer or provide links to My Ami if you choose to republish your User Content elsewhere.
My Ami takes no responsibility and assumes no liability for any User Content posted, stored or uploaded on the Site, or for any loss or damage thereto, nor is My Ami liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site. Although My Ami has no obligation to screen, edit or monitor any of the Content posted on the Site, My Ami reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
• Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that infringes or violates any intellectual property or other rights of any third party or that is defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
• Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or that contains private information of any third party;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Content that, in the sole judgment of My Ami, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose My Ami or its users to any harm or liability of any type, including without limitation any viruses, corrupted data or other harmful, disruptive or destructive files; and
• Any link to another Site which is intended to generate revenues from any affiliate or similar program.
• Any use of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Site.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
My Ami has no obligation to monitor the Communication Services. However, My Ami reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. My Ami reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
My Ami reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in My Ami’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. My Ami does not control or endorse the content, messages or information found in any Communication Service and, therefore, My Ami specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized My Ami spokespersons, and their views do not necessarily reflect those of My Ami.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
TERMINATION AND EFFECT OF TERMINATION
You can cancel your account at any time by contacting My Ami customer service. In addition to any other legal or equitable remedies, My Ami may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. My Ami may choose to assume that you intended to terminate your account if you do not access it for more than three months. Following termination of your account for any reason (including inactivity), at their sole option, My Ami and its licensees may continue or stop publicly displaying some or all of your Content. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and My Ami shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY My Ami ON AN "AS IS" BASIS. My Ami MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, My Ami DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. My Ami DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL WORK PROPERTY OR BE CONTINUOUSLY AVAILABLE OR THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. My Ami DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USE OF THE SITE IS AT YOUR OWN RISK.
My Ami reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by My Ami.
WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF My Ami, THE SITE, OUR SERVICES OR THIS AGREEMENT. IN ANY EVENT, BY ACCEPTING THE My Ami TERMS OF USE YOU SPECIFICALLY AGREE THAT WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100. YOU ALSO SPECIFICALLY AGREE THAT YOU SHALL NOT HOLD My Ami LIABLE FOR CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH A DISPUTE WITH ANY OTHER USER OF My Ami.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, My Ami shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. My Ami shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, My Ami shall immediately issue a credit to your credit card account in the amount of the charge.
REMEDIES
You agree that My Ami's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that My Ami shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that My Ami may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of My Ami shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by My Ami of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
GOVERNING LAW/ARBITRATION
By visiting this Site, you agree that the laws of the State of California, without giving effect to any principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and My Ami or any of its affiliates or subsidiaries.
This agreement is governed by California law as such laws apply to agreements entered into and to be performed entirely within California between Californian residents. Any claim arising out of or relating to this agreement or My Ami shall be settled by binding arbitration in San Francisco County, CA in accordance with the American Arbitration Association's commercial arbitration rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim, and no class arbitration proceedings shall be permitted. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from a San Francisco County, CA court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property, including without limitation our intellectual property rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless My Ami, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against My Ami and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
SEVERABILITY
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
COPYRIGHT AND TRADEMARKS
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the My Ami, logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of My Ami, or its licensors or users and are protected by U.S. and international copyright laws.
My Ami, the My Ami logo and any other product or service name or slogan contained in the Site are trademarks of My Ami and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of My Ami or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing " My Ami " or any other name, trademark or product or service name of My Ami without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of My Ami and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a hyperlink to the Site for noncommercial purposes, provided such link does not portray My Ami or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a My Ami logo or other proprietary graphic of My Ami to link to this Site without the express written permission of My Ami. Further, you may not use, frame or utilize framing techniques to enclose any My Ami trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without My Ami's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of My Ami or any third party.
My Ami makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of My Ami and My Ami is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. My Ami provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by My Ami of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of My Ami or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of My Ami and protected by U.S. and international copyright laws. All software used on this site is the property of My Ami or its software suppliers and protected by United States and international copyright laws. The content of the My Ami Web site, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of such downloading. My Ami Reserves complete title and full intellectual property rights in any Content you download from this Web site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from My Ami.
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