WEBSITE TERMS AND CONDITIONS OF USE

These terms and conditions of use (the “Terms and Conditions”), are entered into by and between you and The AMW Group, LLC, on behalf of itself and its successors, parents, subsidiaries, affiliates and related companies or other companies under a common control that it may have now or in the future (collectively, “The AMW Group,” “we,” “our” or “us”). These Terms and Conditions apply to and govern your use of the internet website or subcomponent thereof that is owned and operated by us, or on our behalf, and that links to these Terms and Conditions (the “Website”), including any content, functionality, and services offered on or through the Website.

Please read these Terms and Conditions carefully before using the Website. By accessing or using the Website, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy and Statement (“Privacy Policy”), found here which is incorporated herein by reference.  These Terms and Conditions and our Privacy Policy may change from time to time in our sole discretion. Such changes become effective immediately when we post them, and if you use or access the Website thereafter, such use or access will signify your agreement to be bound by the changes. You should check back frequently and review these Terms and Conditions regularly so you are aware of the most current rights and obligations that apply to you. If you do not agree to be bound by these Terms and Conditions, do not access or use the Website.

USE OF THE WEBSITE

The Website is provided for your informational and personal use only, and you must be at least 18 years of age to access and use this Website. By accessing and using this Website, you represent and warrant that you are at least 18 years old and are subject at all times to these Terms and Conditions. Use of the Website is void where prohibited by applicable law and the right to access the Website is revoked in such jurisdictions. The Website is administered in the United States and any information you provide will be used, disclosed, and/or stored in the United States. The laws and regulations in different countries impose different (and even conflicting) requirements on websites, the internet and data protection. If you are located in the European Union or elsewhere outside of the United States, your use of the Website is at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. By using the Website, participating in any Website activities, or providing us with your personal information, you: (a) consent to the use, disclosure, storage, transfer and/or processing of any information you provide to the Website; (b) acknowledge that U.S. law provides different (and sometimes lower) standards of protection for personal data than the laws of various countries including, but not limited to, the European Union; and (c) understand that the Website will deal with your information in accordance with U.S. law. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in any other country or jurisdiction.

You may not use the Website in such a manner as to violate any applicable law or these Terms and Conditions. When using the Website, you agree to comply with applicable federal, state and local laws including, without limitation, privacy laws, data-protection laws, and intellectual-property laws. You may not use the Website for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Website or internet, with respect to The AMW Group or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus or malware dissemination.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. Without limiting the foregoing, you agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate The AMW Group, its company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm The AMW Group or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

INTELLECTUAL PROPERTY

The Website and its entire contents, features, and functionality content (and any derivative works or enhancements of the same), including but not limited to all displays, text, illustrations, files, scripts, graphics, photos, logos, music, videos, information, content, materials, products, services, URLs, technology, documentation, interactive features, icons, images, sounds or software (collectively, the “Website Content”) and all intellectual property rights to the same are owned or licensed by us. As between you and The AMW Group, the compilation of the Website Content is the exclusive property of The AMW Group and is protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not, without The AMW Group’s prior written consent, “mirror,” “frame,” distribute, post, reproduce, publish or otherwise transmit any Website Content contained on this Website on any other server or website. Any unauthorized use of the Website Content may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Except for the limited use rights granted to you in these Terms and Conditions, you will not acquire any right, title or interest in the Website or any Website Content.

PRIVACY POLICY

The AWM Group is committed to respecting and protecting your privacy. For detailed information on The AMW Group’s Privacy Statement, select the following link to view our Privacy Policy.

ACCESS

You agree that you will provide true, current, complete and accurate information as requested on any forms provided through this Website. If you are completing any forms or providing any other information on behalf of another entity or an individual, you represent and warrant that you have the authority to provide the information and bind the entity or individual to these Terms and Conditions. You also represent and warrant that you are and will be in compliance with all applicable laws and regulations, including, without limitation, federal, state, and local laws and regulations related to the collection, use, transmission, disclosure and storage of personally identifiable information. We are not and will not be responsible or liable for any errors or delays in responding to any orders, inquiries or other requests caused by any incorrect, outdated or inaccurate information provided by you or any technical problems with the Website.

LINKS TO OTHER SITES

The Website may contain links to other websites. Such links are provided solely as a convenience to you. The AMW Group has no control over, and accepts no liability, obligation or responsibility for, the contents or performance of other websites. Any such link does not constitute an endorsement of, or any representation regarding, the linked website, its content, its owner, its performance or its owner’s products or services. If you decide to access any third-party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.

This Website may include functionality that allows integration with third-party sites, such as social-network sites. We may allow you to share selected information with those third-party sites, and you may be permitted to export information concerning your use of this Website to such third-party sites. Some of those third-party services may provide us with your information to enhance and personalize your use of this Website. If you submit your credentials (e.g., username and password) for a third-party website or service during your registration for this Website or in connection with updating your user profile, we may receive your information from such third-party website or service.

DISCLAIMER OF WARRANTY

To the maximum extent permitted by law, the materials contained on this Website are provided “as is,” with “all faults” and without warranties of any kind either express or implied. Except as otherwise stated in writing signed by an authorized representative of the AMW Group, no warranty whatsoever, express or implied, is given with respect to products or services depicted, shown or described on this Website or with any Website content. Information regarding the company’s products and services, including their availability, appearance, price and specifications, are subject to change without notice. Such information will not constitute a representation or warranty of any kind. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THE AMW GROUP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS; AND THE AMW GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE WEBSITE, WEBSITE CONTENT OR ANY SITES LINKED TO THIS WEBSITE.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE AMW GROUP NOR ANY PERSON ASSOCIATED WITH THE AMW GROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE AMW GROUP NOR ANYONE ASSOCIATED WITH THE AMW GROUP REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

EQUITABLE RELIEF

You acknowledge and agree that breach of these Terms and Conditions will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, The AMW Group shall be entitled to injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms and Conditions or otherwise.

INDEMNITY

To the fullest extent possible provided by law, you agree to indemnify and hold harmless The AMW Group, its affiliates, successors, advisors, service providers and licensors, and its/their respective directors, officers, shareholders, members, employees, service providers and agents (collectively, the “Indemnified Parties”), from and against all losses, expenses, fines, damages and costs, including reasonable attorneys’ fees, arising from, related to, and/or resulting from your violation of any laws or these Terms and Conditions, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, or for any third-party claims based on whole or part on your use of the Website or reliance upon any information found on the Website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

LIMITATION OF DAMAGES

TO THE FULLEST EXTENT POSSIBLE PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL THE AMW GROUP OR ITS AFFILIATES, SUCCESSORS, ADVISORS, SERVICE PROVIDERS AND LICENSORS, AND ITS/THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SERVICE PROVIDERS AND AGENTS (COLLECTIVELY, “COMPANY REPRESENTATIVES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, SUCH AS DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PRIVACY, LOST REVENUE, LOST DATA, OR LOST PROFITS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION OR ANY OTHER CAUSE OF ACTION WHATSOEVER, WHETHER OR NOT THE COMPANY OR COMPANY REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT ANY SUCH DAMAGES ARE OR WERE FORESEEABLE. .

TO THE FULLEST EXTENT POSSIBLE PROVIDED BY LAW, IN NO EVENT SHALL THE COMPANY REPRESENTATIVES’ COLLECTIVE LIABILITY ARISING FROM OR RELATED TO THIS WEBSITE OR UNDER THESE TERMS AND CONDITIONS EXCEED ONE HUNDRED DOLLARS ($100.00 USD). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS AND CONDITIONS OR THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

GOVERNING LAW

Any claim relating to, and the use of, this Website and the materials contained herein will be governed by and construed in accordance with the laws of the State of Ohio, United States without giving effect to any choice of law rules and principles that may result in the application of the laws of another jurisdiction. Except as set forth in the “Equitable Relief” provision of these Terms and Conditions, and unless prohibited by applicable law, or unless otherwise agreed to by the parties including in the Privacy Policy, any and all disputes arising out of or relating in any manner to the Terms and Conditions, or the breach hereof, including without limitation any disputes arising from or relating to the interpretation, violation, validity, and/or non-performance of these Terms and Conditions, shall be resolved before the federal, state, or locate courts of Hamilton County, Ohio. You agree that you may bring claims against The AMW Group only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

MODIFICATIONS; TERMINATION OF USE

Any services and Website Content (including, without limitation, prices, specifications, designs, conditions and product descriptions) offered or posted on the Website are subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, The AMW Group reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any services or Content offered through the Website, at any time and from time to time, regardless of whether such services or Website Content were previously offered at no charge.

We reserve the right to modify any features of the Website at any time without advance notice. Without limiting the foregoing, we may, in our sole discretion, terminate or suspend access to all or part of this Website (a) for users, for any reason, including failure to comply with these Terms and Conditions, or (b) for anyone, in order to prevent or mitigate harm to the person or property of you, other users of the Website, The AMW Group or third parties, or as required by law.

REVISIONS TO TERMS AND CONDITIONS

As referenced above, The AMW Group may at any time revise these Terms and Conditions by updating this posting. Please review the contents of these Terms and Conditions frequently, as we may amend them from time to time to reflect changes in our services, practices and our policies, including those relating to data privacy. We will not provide you with a notice of any change to these Terms and Conditions. It is your responsibility to monitor and review any updates.

GENERAL PROVISIONS

These Terms and Conditions shall apply to and bind your agents, assignees and successors in interest and those of The AMW Group. These Terms and Conditions are not assignable by you without The AMW Group’s prior written consent.

The AMW Group may assign these Terms and Conditions at any time to any parent, subsidiary or any affiliated company, or as part of the sale to, merger with or other transfer of The AMW Group, or the assets of users that relate to the Website, to another entity.

These Terms and Conditions constitute the sole, exclusive, and entire agreement between you and The AMW Group relating to the Website, and supersede any and all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

The waiver by The AMW Group of any breach or default of any of these Terms and Conditions shall not be deemed a waiver of any later breach or default. The AMW Group’s exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of these Terms and Conditions.