AUTOMATED MARKETING SYSTEM Web Site (the “Site”) is an online information service provided by AUTOMATED MARKETING SYSTEM (AMS), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
AMS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.1. Ownership, Licenses and Idea Submissions.
The entire contents of the Site are the property of AMS. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to AMS a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to AMS by all means and in any media now known or hereafter developed. You also grant to AMS the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against AMS for any alleged or actual infringement or misappropriation of any proprietary right in your communications to AMS.
Publications, products, content or services referenced herein or on the Site are the exclusive property of or service marks of AMS. Other product and company names mentioned in the Site may be the trademarks of their respective owners.2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by AMS, AMS does not operate, control or endorse any information, products or services on the Internet in any way. Except for AUTOMATED MARKETING SYSTEM - identified information, products or services, all information, products and services offered on the Internet generally are offered by third parties, that are not affiliated with AMS. You also understand that AMS cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. AMS PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND AMS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. AMS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
AMS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.LIMITATION OF LIABILITY
IN NO EVENT WILL AMS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF AMS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, AMS’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
AMS makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-AMS web site, please understand that it is independent from AMS, and that AMS has no control over the content on that web site. In addition, a link to a AUTOMATED MARKETING SYSTEM web site does not mean that AMS endorses or accepts any responsibility for the content, or the use, of such web site.3. Content And Conduct Rules And Obligations.
AMS does all it can to prevent abuse and infringement of rights by use of its website, outbound/inbound, dials, contact landing pages, lead capture pages and landing pages, text auto responder, automatic online postings and tools (“Service”). As you understand, due to the fact that the content on our system is uploaded by the users, we do not have control over all content that is uploaded.
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on the Service ("Content") are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service.
By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.3.1 YOU WILL NOT:
Upload, post, transmit or otherwise make available any Content that: is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable; you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to); is unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical; contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any AMS user to access the Service; is intended to take advantage of a user such as "get rich quick," "get paid to surf," pyramid marketing, or other dubious schemes; or is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia; harm minors in any way; "stalk," “bully,” or otherwise harass another; impersonate any person or entity, including, but not limited to, a AMS official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Site, the Service, or the Materials outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries; promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; use the Service as a forwarding service to another web site or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms; solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes; exceed the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content); upload files for the sole purpose of having them hosted by us but for use outside of the AMS system; create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors; or use, under any circumstance, any open source software subject to the GNU Affero General Public License v.3, or greater.
We retain the right to terminate any account or user who has violated any of the above prohibitions.3.2 Content Guidelines:
These types of sites are not allowed on AMS system:
Adult: involving nudity in a sexual context, exposed genitalia or adult themes
Copyrighted Content: music, movies or games that you do not own the rights to
Spam/SEO: a site whose sole purpose is to gain Google ranking, Facebook "likes", etc
Phishing: a site meant to trick users into providing their username and password
Illegal Content: content which may be illegal in the United States or under the laws of other countries
Scams: get rich quick, pyramid, or other dubious schemes
File Hosting: including sites that are not created with the AMS editor
Injurious Experience: sites using the "Custom HTML" element that provide a horrible user experience, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors
Illegal/Inappropriate Products: sites that offer or sell items that are illegal, weapons, counterfeit, stolen, fraudulent, infringing, violate rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons
This list is a quick reference and is not meant to be complete.4. Indemnification.
You agree to indemnify, defend and hold harmless AMS, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.5. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of AMS and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.6. Term; Termination.
This Agreement is a month-to-month term and may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Ownership, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.7. Current Payment Policy.
Effective immediately, the following payment policy MUST be adhered to. THERE ARE NO EXCEPTIONS, AUTOMATED MARKETING SYSTEM (AMS) REQUIRES ALL MEMBERS TO READ, UNDERSTAND AND ADHERE TO THIS POLICY except by other written arrangements approved by AMS.
Our policy is to collect Membership payment on the date of service when we deliver products, and then charge the payment method on file, on each following monthly anniversary date, until which time the Member chooses to cancel their AMS Membership. Non-payment will result in your AMS account being suspended or terminated, depending on the severity of the delinquency.
If, for any reason, we send an invoice to you for any products or services, other than your Monthly Membership, payment must be sent within 30 business days of your receipt of the invoice, unless other AMS-approved arrangements have been made ahead of time.
If you have questions or concerns, or you feel that you have been charged incorrectly, please contact us IMMEDIATELY via Support Ticket through your AMS back office, so we can work together to find a solution.
We prefer to work payment issues out in a positive way and we try not to terminate Membership accounts, unless we have no other recourse.8. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of United States applicable to agreements made and to be performed in United States. You agree that any legal action or proceeding between AMS and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in United States. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. AMS’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. AMS may assign its rights and duties under this Agreement to any party at any time without notice to you. You are responsible for complying with all applicable laws in all of your actions related to your use of AMS’s services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.
AMS does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that AMS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AMS has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of AMS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and AMS and govern your use of the Service, superseding any prior agreements between you and AMS (including, but not limited to, any prior versions of the Terms of Service).
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Your use of the service is at your sole risk.
Any rights not expressly granted herein are reserved.