This site is owned and operated by AmazedMarkets, Inc. (“AM”). We, AM and its affiliates, provide this web site and any associated or related services to you, the user of this site, subject to your acceptance of and compliance with this Agreement. Please read these terms carefully before using this site and/or any services associated therewith. Your use of this website and the associated services confirms your unconditional acceptance of these terms and conditions. If you do not accept these terms and conditions, do not use this site.
Changes to this Agreement
1. We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the site. Your continued use of the site and any related services following the effective date of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the site if you do not agree to be bound by the revised terms and conditions.
General Use and Site License
3. This site and its related services are intended for use only by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older and of the age of majority in the jurisdiction in which you reside, you cannot use this site without the supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this site by children, minors and others under your care, and you agree to be responsible for their use of this site.
5. Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the site or any of the content of the site, including but not limited to the trademarks and copyrights of AM and its affiliates as well as any software used in connection with the site, or to make derivative use of the site or its content; (b) to download or copy any personal information associated with the site for your own use or for the benefit of another party; (c) to bypass any technical measures used to prevent or restrict access to any portion of the site; (d) to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser; (e) to use any data mining, robots, or similar automated data gathering and extraction tools to access the site; (f) to violate or attempt to violate the security of the site, or (g) to interfere with or attempt to interfere with the proper working of the site.
6. You acknowledge that your use of this site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service and/or to block or prevent future access to and use of this site or any portion thereof. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.
7. You agree and warrant that all information you provide to us through this site, including but not limited to any contact information you provide, is truthful and accurate.
8. Before you can make use of certain services associated with this site, you must register as a user and create a user account. You agree to maintain the accuracy of your user account information and to inform us promptly of any changes to that information, including but not limited to any changes to your email address. You agree that you shall not create and maintain more than one active user account at any one time.
9. You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
10. By creating a user account with us, you consent to receive communications from AM electronically via the email address associated with your account. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
Consent to Receive Electronic Communications
11. By creating a user account with us, sending an email to us, or otherwise providing us with your email address, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Product Listings; Purchases; Promotions
12. This site functions as a marketplace that compiles products from a number of different third party sellers (“Sellers”) who have been approved by AM to participate in the site’s marketplace. AM’s Sellers must meet various criteria in order to be approved to list products on our marketplace. Our approval process helps to ensure that while we allow a wide variety of businesses to participate so shoppers the widest possible selection of products, we maintain high standards to ensure the best possible shopping experience.
13. AM is not involved in generating any product listings, descriptions, images or pricing associated with the goods advertised for sale on this site, unless AM is listed as the item’s seller. Sellers are obligated to be as accurate as possible when putting together product listings, with such accuracy to extend to the product description, any images or photographs of the products, and pricing information. However, AM cannot and does not warrant that any product descriptions or other content on the site is accurate, complete, current or error-free. If you believe any items purchased through this site do not conform to the product listing, your only remedy is to comply with the Seller’s return instructions, if any.
14. All transactions to purchase items through this site are strictly between you and the applicable Seller of the item. AM works to facilitate the transaction, but has no control over inventory, pricing, shipment, delivery, or return or refund policies associated with the products — all of which are determined and set by individual Sellers. Some information regarding shipping and returns may appear along with the product listings, if provided by the Seller. Shipping rates will be listed in the shopping cart and on the checkout after you add an item or items to your cart.
15. Questions regarding a product, about a particular order, or about a particular Seller’s delivery or return policies, should be directed to the relevant Seller. Sellers can be contacted through the Seller’s information page on the site, which can be accessed through the pages of products offered by that Seller. A Seller’s contact information is also included on the email you receive after your order has been placed. In the event that a Seller does not respond to you within two (2) business days, please contact us at firstname.lastname@example.org, and we will work to put you in touch with the Seller.
Ownership of Intellectual Property
18. Unless otherwise noted, all content included on this site (including images, illustrations, designs, icons, photographs, video clips, text and other material) is the property of AM or our affiliates, suppliers, partners or other third party licensors. All content not owned by AM is used by us with the permission of its owner, and the compilation of this site is the exclusive property of AM. The content on this site is protected by intellectual property and other laws in the United States and throughout the world. Nothing found on this site may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of AM or the owner of the material in question. You agree that you will not take any actions inconsistent with our ownership of the site and its content.
19. The trademarks, logos, and service marks displayed on this site are owned by AM and third parties, and this site’s trade dress is owned by AM. All trademarks not owned by AM are the property of their respective owners, and, where used by AM, are used legally. Nothing contained on this site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Our trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with our ownership of, or any third party’s ownership of, the trademarks and trade dress used on this site.
Submission of Content
20. From time to time, we may make available on this site services, features or sections that allow users to post or upload material — including information, communications, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) — to our servers. You represent and warrant that you own or otherwise control all the rights to any Content that you post or upload; that use of the Content you provide does not violate the intellectual property rights, privacy rights, or any other rights of any third parties, and that use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide. You agree that you will indemnify AM and its affiliates for all claims resulting from or related to Content you post or submit.
21. You grant the following license with respect to any and all Content you post or submit to or through this website: you hereby expressly grant to AM a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense or otherwise distribute and display the Content and any ideas, concepts, know-how or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. AM will use your Content only to the extent necessary to operate the site and provide any services associated with this site, both now and in the future, and to otherwise operate its business.
22. You understand and agree that all Content accessed through this site is the sole responsibility of the person from which such Content originated. This means that you, and not AM, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the site or any associated services. This further means that you understand and acknowledge that we do not control the Content delivered via the site by you or other users. The opinions expressed in user-submitted Content on this web site are not necessarily those of AM or its affiliated or related entities. We make no representations or warranties regarding any user-generated information or opinions posted to or otherwise included on or transmitted through the web site. We do not represent or guarantee the truthfulness, accuracy, integrity, quality or reliability of any user-submitted Content, nor do we determine whether the Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any user-generated Content posted, emailed, transmitted or otherwise made available via the site. You agree that you will not attempt to hold AM liable in any way for any Content contributed by another user.
23. We do not and are not obligated to regularly review, monitor, delete or edit the Content of the site as posted by users. However, we reserve the right to do so at any time in its sole discretion, for any reason or no reason, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from any Content, or from our alteration or deletion of any Content, even when we are advised of the possibility of such damages.
Links to Third Party Sites
24. From time to time, we may provide links to other internet sites or resources via this site, and other sites may link to this site. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
25. We provide this site and the associated services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify AM, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
26. THIS SITE, ITS CONTENT AND ALL MATERIALS AVAILABLE FOR DOWNLOAD THROUGH THE SITE, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY AM ON AN “AS IS” AND “AS AVAILABLE” BASIS. AM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AM DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, AM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS AND ANY MATERIALS AVAILABLE FOR DOWNLOAD THROUGH THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. AM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY, PRODUCT SPECIFICATIONS, OR ANY OTHER INFORMATION OR CONTENT POSTED ON OR ACCESSIBLE THROUGH THIS SITE.
27. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA, SOFTWARE, FIRMWARE AND OTHER MATERIALS DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. AM DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE, SERVERS, DOWNLOADABLE MATERIALS, OR E-MAILS SENT BY OR ON BEHALF OF AM ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, AM DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND AM, OR BETWEEN YOU AND ANY OTHER USER OF THE WEB SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
28. AM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF AM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, AM WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS WEB SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON OUR COMPUTERS AND/OR SERVERS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AM, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO AM FOR ACCESS TO OR USE OF THE SITE.
29. CERTAIN STATE LAWS 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 LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
30. You agree to indemnify, defend and hold harmless AM, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this site and the services provided in connection with the site, or your breach of any provision of this Agreement or any warranty provided hereunder.
31. You agree that if you are dissatisfied with this site or any services offered in connection with the site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against AM with respect to this Agreement or the site, your sole and exclusive remedy is to discontinue using the site and any services offered in connection with the site.
32. This web site is created and maintained by AM in Upper Arlington, Ohio. You agree that the laws of the State of Ohio, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and AM or its affiliates. Regardless of where you access this web site, you agree that any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, whether at law or in equity, must be brought in the state or federal courts serving Franklin County, Ohio, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
Copyright Infringement Claims
33. AM respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. AM reserves the right to remove access to infringing material posted to its site. Such actions do not affect or modify any other rights AM may have under law or contract.
34. If you believe that any portion of the material contained on this site infringes your copyright, notify AM of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
Written Notification must be submitted to this site’s Designated Agent:
Kathryn E. Smith
Wood Herron & Evans LLP
441 Vine Street, 2700 Carew Tower
Cincinnati, Ohio 45202
To be effective, the Notification must be in writing and contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information outlined above, AM will:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to such alleged infringer;
- Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which AM may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
Upon receipt of a Counter Notification containing the information outlined above, AM will:
- promptly provide the complaining party with a copy of the Counter Notification;
- inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided our Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on our network or system.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
35. This Agreement represents the entire understanding between the parties regarding your use of this site, and supersedes all other agreements, express or implied, between you and us, regarding your use of the site.
36. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of AM. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Our failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of our rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
37. 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.
38. Any rights not expressly granted herein are reserved.
If you have any questions or suggestions regarding these terms, please contact us at:
4510 Kenny Road
Columbus, Ohio 43220