AMCShopbot.com , an Arizona Corporation,
operates the AMCShopbot Internet shopping site. You
may only use the Site pursuant to the following terms and conditions, which you
accept by your use of the Site. Use of the Site is subject to additional terms
and conditions defined by our content providers ("Merchants") as stipulated
on applicable pages of the Site, which you accept by your use of the Site. AMCShopbot, reserves the right to modify or revise these
Terms of Use and/or Privacy Statement or its other policies at any time at its
sole discretion. Any such modifications to the Terms of Use and Privacy
Statement shall be effective within forty-eight (48) hours of being posted on
the Site unless otherwise stated by AMCShopbot, in
writing. You are bound by such modifications or revisions, and should therefore
visit this page frequently to review the terms. Your continued use of the Site
following AMCShopbot’s posting of any changes or
modifications to these Terms of Use and/or Privacy Statement will constitute
your acceptance of such changes or modifications. In the event that you do not
agree to any changes or modifications of these Terms of Use and/or Privacy
Statement, you should not continue to use the Site.
1. AMCSHOPBOT’s Mission
The Website acts as an online marketplace for you to find and
transact with other users, Members, buyers or sellers (the "Users")
showing products or services on the Service or otherwise associated with the
Service. AMCShopbot is not a broker, lender or
seller, does not sell any products or provide any services and is not a party
to any transaction you may make with a broker, lender, or seller. AMCShopbot is not a party to any agreement you may make
with a lender or broker with regard to any loan product. Any information you
provide to a lender or broker in connection with your application remains with
that lender or broker.
AMCShopbot does not sell or license any of the products listed on the Website
and does not provide any loan, educational or other products or services listed
on the Website, and AMCShopbot is not acting as an
agent of sale or an agent of any merchant or provider of products or services. AMCShopbot does not have any responsibility for, or
liability related to, any products and services listed on the Website. You
should direct any questions, complaints or claims related to any product or
service to the appropriate seller or provider.
AMCShopbot does not warrant that prices, shipping costs, taxes, products or
descriptions, or any other content of the Website is accurate, complete,
reliable, current or error-free. Site content is provided for informational
purposes only and AMCShopbot shall have no liability
for inaccuracy or incompleteness in product or service content, user ratings or
commentary, or other content on the Website.
A.
AMCShopbot is not responsible or liable for any
products, services, information or other materials displayed, purchased, or obtained
by you from the Website, including, without limitations, any agent referrals,
loan recommendations, application, approval, pre-qualification, loan or
interest rate analysis. Nothing on the Website contains an offer, promise or
otherwise from AMCShopbot to make a specific loan or
that any participating lender or broker will make any loan for any purpose or
on any specific terms.
B.
AMCShopbot does not endorse, warrant or guarantee
the products or services of any seller, lender or broker, including, without
limitations, any rates, points and loan programs posted by sellers, lenders or
brokers. Nothing on the Website constitutes an advertisement for credit as
defined by Paragraph 226.24 of Regulation Z.
C.
AMCShopbot is not liable for any delays,
inaccuracies, errors or omissions with respect to the information or the
transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results
obtained from the use of the information. AMCShopbot
is not liable for any acts or omission of acts of any seller, lender or broker
on the Website. You assume the entire risk as to the accuracy, adequacy,
completeness, currency, validity and quality of any information relating to the
Services.
D.
Any information on the Website can change without notice.
2.
Other Businesses And Links to Other Sites
AMCShopbot may provide links to the sites of third-party merchants, affiliated
companies, co-brand partners and other parties. These links are provided solely
as a convenience to you, and do not constitute an endorsement by AMCShopbot of the content of such third-party sites nor of
the business practices of such other businesses, entities or individuals. AMCShopbot is not responsible for examining or evaluating,
and does not warrant or claim responsibility in any way, the products,
services, offerings or business practices of any of these businesses, entities
or individuals or the content of their web sites. You should carefully review
their privacy statements and other conditions of use.
AMCShopbot has no control over the business practices of any third-party
merchant or seller, nor does it control in any way the quality, safety or
legality of any item listed on the Site or any business transaction that occurs
as a result of products listed on the Site.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A
MERCHANT LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
YOU RELEASE AMCSHOPBOT, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR
OTHER THIRD PARTIES UNDER CONTRACT WITH AMCSHOPBOT, AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND
AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH SUCH A DISPUTE.
If you are a California resident, by using
the Site, you explicitly waive the rights granted to you under California Civil
Code 1542, which states: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time
of executing the release, which, if known by him must have materially affected
his settlement with the debtor."
3.
Acceptable Use of the Website
Your use of the Service must be lawful and
consistent with the security and reliability of the Service and the World Wide
Web.
In addition, the following rules apply to
your use of the Service:
1. You certify to AMCShopbot
that you are at least 18 years of age.
2. You assume full responsibility for the
use of the Service by any minors.
3. Your use of the Service is subject to
all applicable local, state, national and international laws and regulations.
Your conduct is subject to Internet regulations, policies and procedures.
4. You are solely responsible for the
content of your transmissions and the products you sell through the Service.
You acknowledge and agree that AMCShopbot does not
endorse the actions, the contents of communications, or the products of the
Users.
5. You must obtain and maintain any
equipment or ancillary services needed to connect to, access or otherwise use
the Service, including, without limitation, modems, hardware, software, and
long distance and local telephone service. You are responsible for ensuring
that such equipment and ancillary services are compatible with the Service.
6. You must complete all transactions you
agree to complete in connection with the Service.
7. In your capacity as a seller, if
applicable, you will be solely responsible for all aspects of transaction order
processing and fulfillment, including but not limited to processing credit card
information, authorization and fraud detection, shipping and handling, buyer
support and service inquiries. You must forward all feedback you receive
regarding the Service to AMCShopbot when acting as a
seller.
8. You must abide by all of the
then-current terms of AMCShopbot's Privacy Policy as set forth on the Website and
as updated from time to time by AMCShopbot in its
sole discretion.
4.
Prohibited Conduct
You must not: (a) use the Service for any
illegal purpose or for the transmission of any material that is unlawful,
harassing, libelous, invasive of another's privacy, abusive, threatening,
harmful, vulgar, obscene, tortious, or otherwise
objectionable, or that infringes or may infringe the intellectual property or
other rights of another, including the sale of pornography, firearms and
ammunition, living creatures and parts of endangered species, stocks and other
securities, drugs and drug paraphernalia, human body parts and remains; (b)
directly or indirectly interfere or attempt to interfere with the proper
working of the Website, any account, or any communication or transaction being
conducted on our Website; (c) use any robot, spider, other automatic device, or
manual process to monitor or copy our web pages or the Content without our
prior expressed written permission; (d) take any action which imposes an
unreasonable or disproportionately large load on our infrastructure, (e) use or
disclose (to anyone except AMCShopbot) any
information you obtain about or from other users of the Service, or you obtain
from AMCShopbot if such information is marked
confidential, for any purpose except fulfillment of orders initiated by the
Users or negotiating prices with the Users, (f) conduct fraud, hide or attempt
to hide your identity, represent yourself as someone else, or manipulate or
attempt to manipulate prices, compromise or attempt to compromise the security
of any account, interfere or attempt to interfere with the proper working of
the Service, (g) send any unsolicited e-mail or advertising to any known user
or (h) use the Services for any use other than personal, noncommercial purposes
unless specifically approved in writing by AMCShopbot,
in its sole discretion.
5. Content Submission
By contributing or submitting any content
to the Site, you warrant that you are the author and owner of the intellectual
property rights thereto or have the appropriate license and sublicense rights
from the owner, and you grant AMCShopbot a worldwide,
perpetual, irrevocable, royalty-free, transferable right and license to use,
copy, modify, delete in its entirety, adapt, publish, translate, create
derivative works from and/or sell and/or distribute such materials and/or
incorporate such materials into any form, medium or technology, and you also
grant the right to AMCShopbot to sublicense any and
all of the foregoing rights to third parties, in all cases without compensation
to you. In addition, you warrant that all "moral rights" that you may
have in those materials have been voluntarily waived by you. None of the
materials shall be subject to any obligation of confidence on the part of AMCShopbot, its agents, subsidiaries, affiliates,
Licensors, co-brand partners or other partners and their respective directors,
officers, employees, agents and representatives. AMCShopbot
reserves the right to change, condense or delete any content on the Site that AMCShopbot deems, in its sole discretion, to violate the
content guidelines or any other provision of this Agreement.
You agree that you shall not post or
provide any information to/for the Sites:
- that is known by you to be false, inaccurate
or misleading;
- that infringes any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy;
- that violates any law, statute, ordinance or
regulation in any applicable jurisdictions (including, but not limited to,
those governing export control, consumer protection, unfair competition,
anti-discrimination, false advertising and privacy);
- that is, or may reasonably be considered to
be, defamatory, hateful, racially or religiously biased or offensive
(including the use of swear words), unlawfully threatening or unlawfully
harassing to any individual, partnership or corporation;
- for which you were compensated or granted any
consideration by any third party;
- that seeks to obtain a commercial advantage;
- that includes any information that references
other web sites, addresses, email addresses, contact information, phone
numbers or other personal information such as credit card numbers; or
- that contains any computer viruses, worms or
other damaging or potentially damaging computer programs or files.
In contributing or submitting any content
to the Site, you agree not to use a false or misleading email address,
impersonate any person or entity, or otherwise provide any misleading
information as to the origin of any content that you submit. You should also
note your obligations to indemnify AMCShopbot (among
others) for the content you submit as set forth in the indemnity section,
below.
You agree that you will not use any device,
software or routine to bypass our robot exclusion headers, or to interfere or
attempt to interfere with the proper working of the Site or any sales being
conducted through the Site. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on AMCShopbot's
computer systems or communications infrastructure. You agree that you will not
use any software robot, spider, other automatic device or manual process to
monitor or copy Site pages or the content contained therein without AMCShopbot's prior written consent.
6. Merchant And/Or Product
Reviews
You may submit a merchant or product review through the Merchant or
Product Ratings System on the Site or through the Shopper Satisfaction Survey
to describe your shopping experiences with merchants.
- You may submit a merchant or product review
only in good faith and about a merchant or product from whom you have
actually purchased or attempted to purchase products, limited to where you
have (i) completed the ordering process, (ii)
exchanged payment data, and/or (iii) received an order number.
- You agree to submit the corresponding and
legitimate order number when submitting the merchant or product review
("Order Number"). You acknowledge and agree that the Order
Number will be made available by AMCShopbot to
the applicable merchant in conjunction with your review, and accordingly,
the merchant may be able to contact you regarding your review or
otherwise.
- You may only describe your experience with the
merchant or product for which you are writing a merchant or product
review. You should not review any merchant or product on situations that
are not controlled by the merchant or product you are reviewing.
- Any merchant or product review that you submit
is subject to the conditions and restrictions described in the CONTENT
SUBMISSION section, above.
Upon becoming aware of the same, AMCShopbot
will omit any merchant review that it determines on the face of the review
(only) violates any requirements in this Terms of Use or the Member Agreement. AMCShopbot will not itself edit or modify the contents of a
merchant or product review; it will only remove a review in accordance with the
foregoing.
By providing the Order Number, you
acknowledge and agree that you may be contacted by AMCShopbot
and/or the applicable merchant to which/whom the invoice relates. You
acknowledge and agree that your review may not be displayed if the Order Number
does not match the associated information in AMCShopbot's
records. A merchant may dispute the validity of an order identified by you and
may submit a complaint to AMCShopbot. This may result
in AMCShopbot opening a user review inquiry. During
the user review inquiry, AMCShopbot may, in its sole
discretion, remove the contested review, and/or require additional data or
proof from the user to determine whether the review should remain or be
reinstated on the Site. Failure of the user to participate in the user review
inquiry will result in the removal of the contested review from the Site.
7.
Disclamer of warranties and limitation of liability
THE SITE IS PROVIDED BY AMCSHOPBOT ON AN
"AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, AMCSHOPBOT MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR
THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES
INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS.
IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMCSHOPBOT SHALL NOT BE RESPONSIBLE
FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE
SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. AMCSHOPBOT
DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR
THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS
OUTSIDE OF AMCSHOPBOT'S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, AMCSHOPBOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD
PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, PRICEGRABER MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS
OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT
SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS
SERVERS, OR E-MAIL SENT FROM AMCSHOPBOT ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMCSHOPBOT WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE,
INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS
OPPORTUNITIES.
CERTAIN STATE LAWS IN THE UNITED STATES DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE
SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH AMCSHOPBOT'S
PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO
DISCONTINUE YOUR USE OF THE SITE.
8. Indemnity
To the maximum extent permitted by
applicable law, you agree to defend, indemnify and hold AMCShopbot,
its subsidiaries, affiliates, co-brand partners, and other parties with which AMCShopbot is under contract, and their respective
officers, directors, employees and agents free and harmless from and against
any claims, actions and demands, including, without limitation, any legal and
accounting fees resulting from your use of the Site and/or your breach of the
Terms of Use and Privacy Statement and/or Member Agreement, and/or resulting
from any and all content you submit to AMCShopbot
and/or the Site. AMCShopbot shall provide notice to
you of any such claim, suit or proceeding.
9.
Registration
Certain features and services on AMCShopbot require
that you register on the site. You agree as a condition of use and registration
that we may contact you to inform you of changes to this Agreement or describe
new services available on AMCShopbot. You are
responsible for safeguarding the password that you use to access any secure
areas of AMCShopbot. You agree not to disclose your
password to any third party. You agree to take sole responsibility for any
activities or actions under your password, whether or not you have authorized
such activities or actions. You will immediately notify AMCShopbot
of any unauthorized use of your password.
10. Copyrights
All content available on AMCShopbot, including site design, text, graphics,
interfaces and the selection of arrangements thereof is copyrighted by AMCShopbot , with all rights reserved, or is the property
of AMCShopbot or third parties protected by
intellectual property rights.
AMCShopbot's service marks/trademarks may not be used in connection with any
product or service that is not provided by AMCShopbot,
in any matter that is likely to cause confusion among customers, or in any
manner that disparages or discredits AMCShopbot.
If you believe content on AMCShopbot infringes your copyright, you should send notice
of copyright infringement to AMCShopbot. Your notice
must meet the requirements of the Digital Millenium
Copyright Act (as required under 17 U.S.C. §512) by providing the following
information:
1. An identification of the copyrighted work claimed to have been
infringed
2. An identification of the material that you claim is infringing so
that we may locate it on the site
3. Your address, telephone number and email address
4. A statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, its agent or the law
5. A statement by you that the above information in your notice is
accurate, made under penalty of perjury, and that you are authorized to act on
behalf of the owner of the copyright interest involved
6. Your signature
The notice should be mailed to:
AMCShopbot
Corporation
West End Plaza, Suite 320
1035 Pearl Street
Boulder, Co 80302
or sent via fax to Fax Number: or via email to info@amcshopbot.com
Upon receipt of notice as described above, AMCShopbot will take whatever action, in its sole
discretion, it deems appropriate, including removal of the challenged content
from AMCShopbot.
11. Trademarks
AMCShopbot is not in a position to arbitrate trademark disputes between the
advertisers on AMCShopbot and trademark owners.
Accordingly, we encourage trademark owners to resolve their disputes directly
with the advertisers, particularly because the advertisers may have similar
advertisements on other sites. Similarly, AMCShopbot
does not control and assumes no responsibility for content that appears on a
third party's website that may be accessed via AMCShopbot,
and trademark owners should contact third-party sites directly to resolve
trademark disputes.
As a courtesy to federally registered
trademark owners, however, we are willing to perform a limited investigation of
reasonable complaints.
If you are an
owner of a registered trademark (or represent an owner of a registered
trademark) and have an objection to content corresponding to your trademark on AMCShopbot that is consistent with the foregoing, or if you
believe that we have improperly used your registered trademark to promote AMCShopbot on a third-party website, please provide the
following information in a signed letter on company stationery:
1.
Name of Company
2.
Contact information (including
email address)
3.
List of registered trademark(s)
at issue including a copy of each relevant federal trademark registration
certificate(s)
4.
The identity of the
advertisement(s) at issue (via the URL stated on the bottom line of the ad or
other identifying information). Please indicate if your complaint is limited to
specific advertisers/advertisements or if it is a general objection to all
advertisers.
5.
If certain affiliates or
partners are permitted to use your trademark in their ad content, please list
the company names in your letter.
6.
Include the following
statement: "I have a good faith belief that use of the trademarks
described above with the advertisements described above are not authorized by
the trademark owner or its agent, nor is such use otherwise permissible under
law."
7.
Include the following
statement: "I represent that the information in this notification is true
and correct and that I am authorized to act on behalf of the trademark
owner."
8.
Your signature
Please send this written communication with
the above information to the following address:
AMCShopbot Corporation
West End Plaza, Suite 320
1035 Pearl Street
Boulder, Co 80302
or sent via fax to Fax Number: or via email to info@amcshopbot.com
Upon receipt of notice as described above, AMCShopbot will confirm the existence of the federal
registration of the trademark in question and will take whatever action, in its
sole discretion, it deems appropriate, including removal of the challenged
content from AMCShopbot. In the event that the
challenged content has been provided to AMCShopbot by
a third party and in AMCShopbot’s sole discretion, we
conclude that the content is identical to the registered mark and is used in
connection with goods and/or services covered by the trademark owner’s federal
registration, AMCShopbot will provide to notice to
the third party prior to any removal of content. If prior to such removal, the
third party demonstrates that it has its own trademark registration or approved
trademark application covering the challenged content, AMCShopbot
will not remove the content.
Notwithstanding the foregoing, AMCShopbot will comply as appropriate with the terms of any
court order relating to the behavior of the challenged party identified in such
court order.
12. Other Rules and
Termination
You agree to comply with all laws and
regulations applicable to your access and use of AMCShopbot
and publishing your content. You may not harvest personal data (including email
addresses) from AMCShopbot, and specifically you may
not use email addresses displayed on our sites to ask users to join or
contribute to your services. We have the right to investigate and prosecute
violations of any of the above to the fullest extent of the law. We may involve
and cooperate with law enforcement authorities in prosecuting users who violate
the terms of this Agreement. You acknowledge that AMCShopbot
has no obligation to monitor your access to or use of AMCShopbot,
but has the right to do so for the purpose of operating AMCShopbot,
to ensure your compliance with this Agreement, or to comply with applicable law
or the order or requirement of a court, administrative agency or other
governmental body. Unless we explicitly agree otherwise in writing, you may not
use any automated means (such as scripts) to access AMCShopbot
or collect information from it.
If you breach any provision of this
Agreement, you may no longer use the Service. AMCShopbot
may, in its sole discretion, change, suspend, or terminate, temporarily or
permanently, the Service or any part of it at any time, for any reason, without
notice to you and without liability to you or any other person. If AMCShopbot terminates this Agreement for any reason, it
continues to apply and bind you with respect of your prior use of the Service,
including payment of any charges accrued in connection with use of the Service.
Upon termination, AMCShopbot may remove from the
Website and permanently delete and destroy any Member Content that you or
others may have posted or submitted without any prior notice or liability to
you or any other person.
13.
Governing
Law/Arbitration Clause
This Agreement is governed by California
law as such laws apply to Agreements entered into and to be performed entirely
within Arizona between Arizona residents and without regard to conflict of
laws. Any claim arising out of or relating to this Agreement or AMCShopbot shall be settled by binding arbitration in Flagstaff
County, Arizona in accordance with the American Arbitration Association’s
commercial arbitration rules. Any such claim shall be arbitrated on an
individual basis, not consolidated with another party’s claim. 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
Arizona law. However, each of us may seek interim relief from a Flagstaff
County, Arizona court to protect the party’s rights or property while arbitration
is pending, and 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.
Arbitrators shall be attorneys or retired
judges and shall be selected pursuant to the applicable rules. You and AMCShopbot shall agree on one arbitrator to conduct the
arbitration. The arbitrator shall apply governing substantive law in making an
award. In any arbitration, AMCShopbot will pay the
filing, administration, service or case management fee, plus the costs
associated with the first day of arbitration, with the remaining costs to be
paid by the non-prevailing party. AMCShopbot will pay
additional arbitration expenses to the extent that the arbitrator determines
that AMCShopbot must in order to ensure the
enforceability of this arbitration clause. Each party shall be responsible for
its own attorney, expert and other fees, unless awarded by the arbitrator under
applicable law.
The arbitrator's award is final and binding
on all parties. The Federal Arbitration Act, and not any state arbitration law,
governs all arbitration under this Arbitration Clause. Any court having
jurisdiction may enter judgment on the arbitrator's award. If any part of this
Arbitration Clause, other than waivers of class action rights, is deemed or
found to be unenforceable for any reason, the remainder remains enforceable.
THIS
AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND AMCSHOPBOT WILL BE
RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE
IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE
OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST AMCSHOPBOT INCLUDING
ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR
PARTICIPATE IN A CLASS
14. General
The Agreement comprises the entire
agreement between you and AMCShopbot and supersedes
all prior agreements regarding the subject matter contained herein. AMCShopbot may amend the terms and conditions of this
Agreement (the "amended terms") from time to time. If you continue to
use the Service after the amended terms become effective, you are deemed to
have agreed to be bound by the amended terms. If you do not agree to the
amended terms, then you agree not to use the Service. Your continued use of the
Service constitutes an affirmative: (a) acknowledgment by you of this Agreement
and its amended terms; and (b) agreement by you to abide and be bound by the
Agreement and its amended terms. Except as set forth below, you must make all
notices to AMCShopbot in writing via conventional
mail or e-mail addressed to info@amcshopbot.com
This Agreement shall be governed by and
construed in accordance with the laws of the State of Arizona (without regard
to conflict of laws provisions thereof). If any
provision(s) of the Agreement is held contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions of the
parties with the other provisions remaining in full force and effect. AMCShopbot's failure to exercise or enforce any right or
provision of the Agreement shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by AMCShopbot
in writing. The section titles in the Agreement are used solely for the
convenience of the parties and have no legal or contractual significance.
A printed version of this Agreement and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.