TERMS & CONDITIONS
Amtech | Saffire Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY. This is a binding agreement between you (the Internet Account Holder or consumer), and the entity that provides the Service and/or Site (“Amtech, Inc.”). Your registration, payment for, or use of the Site and/or Service constitutes your agreement to be bound by the charges, terms, and conditions set forth in this Agreement.
IMPORTANT: THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. PARAGRAPH 11 REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PARAGRAPH 15 LIMITS THE LIABILITY OF AMTECH, INC.
1. Changes to this Agreement
From time to time, we may change this Agreement. We will provide you with notice of material changes via either the email address that you provide to us during registration, posting online at www.amtechwifi.com, or call to your billed telephone number or U.S. mail. It is your responsibility to check for any such notices. Your continued subscription to the Service after the effective date of the change constitutes your acceptance of such changes.
2. High Speed Internet Service
a. Service Description. High Speed Internet Service (referred to as “the Service”) allows access to Internet, and offers you a capability for acquiring or retrieving information from; generating, storing, transforming, processing, or utilizing information on; or making available information to other Internet end points connected directly or indirectly to the Amtech, Inc. network.
Because the Internet consists of multiple interconnected networks and most Internet end points (for example, Web sites and other content providers) are not directly connected to the Amtech, Inc. network, Amtech, Inc. must connect to and exchange traffic with other networks to provide its subscribers the capability of uploading data to or downloading data from Internet end points that are connected to those networks. To the extent Amtech, Inc. is unable to reach agreement on terms of interconnection or network expansion with these other networks, it could affect your service. Amtech, Inc. therefore makes no promise, express or implied, that you will be able to upload data to or download data from Internet end points connected to other networks at any particular speed.
Like the other networks that make up the Internet, the Amtech, Inc. network is a shared network, which means that the transmission links and other network resources used to provide the Service are shared among the subscribers of Amtech, Inc. We manage this network for the benefit of all users based on a variety of factors, and our technical expertise.
b. Speed, Service Capability Speed Ranges, and Conditions that May Impact Service Performance. Amtech, Inc. offers many broadband service options, each of which has a different service capability speed range. The term “speed” is commonly used as a shorthand way to describe the capacity at which a particular broadband internet access service can transmit data. This capacity is typically measured in the number of megabits that can be transmitted in one second (Mbps). Some applications like a short email without attachments or basic Web browsing do not require high service capability speeds to function optimally, while other activities like transferring large data files can be performed faster with higher-speed services. Your service capability speed may not be suitable for some applications, particularly those involving real-time or near real-time, high-bandwidth uses such as streaming video or video conferencing.
The current speed ranges Amtech, Inc. offers are identified during the online registration process. The high-end of this range represents expected maximum speed capabilities. Because service performance varies on an end-to-end basis, the service capability speeds of Amtech, Inc. are limited to, and measured between, your location and a point on the Amtech, Inc. network, which constitutes only one segment of the end-to-end transmission path connecting the end user to Internet Web sites or content providers. End-to-end performance of your Service depends on a variety of factors, including (but not limited to): the number of subscribers simultaneously using the network; customer location; destination and traffic on the Internet; Wi-Fi connectivity; interference with high frequency spectrum on your telephone line; wiring inside your premises, office or apartment; the capacity or performance of your devices or modem; the server with which you are communicating; internal network management factors (including Overhead, which refers to the various control and signaling data required to achieve the reliable transmission of Internet access data); and, the networks you and others are using when communicating. Consequently, Amtech, Inc. does not guarantee the performance of your service on an end- to-end basis.
c. Availability. The Service is not available in all areas, and may not be available at certain speeds (or at all) at your location, even if our initial testing indicated that your line qualified for a particular speed or Service.
d. Service/Site Changes. Amtech, Inc. reserves the right to modify or discontinue the Service or Site (including rates and charges), temporarily or permanently. If Amtech, Inc. makes a change that would have a material impact on your Service, Amtech, Inc. will give you reasonable notice.
3. Registration and Membership
When you complete the registration process for the Site or the Service, you become the “Internet Account holder”. You must be 18 years or older to be an Internet Account holder. You will be asked to choose a unique “Username” for your account. The Internet Account holder is responsible for all activity associated with the Internet Account.
All information that you provide to Amtech, Inc. must be accurate, including your name, address, credit or charge card numbers and expiration dates, and any payment information (“Registration Data”). You are responsible for keeping such information up-to-date and must provide changes promptly to the Amtech, Inc. Customer Service Center at 888-680-5538.
a. Term Plans, Bundle Discounts. When you purchased the Service, you agreed to specific price and plan, which may have included a term of one or two years (“Term Plan”). Similarly, some plans may offer a discount on the Service if you sign up for DIRECTV® services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs, at which time your price may revert to the then-existing price for your Service: (1) the term expires; (2) you move from your current Service address to another Service address; or, (3) you drop one of the Amtech, Inc. or DIRECTV® services you were required to purchase to receive the special rate.
5. Termination or Cancellation of Service
a. Cancellation of Service by Customer. When you purchased the Service, you agreed to a specific price and plan, which may have required you to enroll into monthly recurring bill payment. You agree that if you cancel your plan while your credit or debit card is enrolled into monthly recurring bill payment, you must provide at least 30 days notice to the Amtech, Inc. Customer Service Center at 888-680-5538 to un-enroll your credit or debit card from monthly recurring bill payment.
b. Cancellation of Service with Wireless Router. To keep costs down for you, we may provide equipment and installation at reduced costs. In exchange, we may ask that you remain a customer for 12 consecutive months and return your equipment to us either in-person or through certified mail to the address listed below. If you do not remain a customer for the full term that you agreed to upon initially ordering service, we will charge you an early cancellation fee. The fee is $149.95 USD. There is no pro-ration. If you are only signed up for month-to-month service, please disregard this Early Cancellation Fee. At the end of your term as a customer of Amtech, you must return your equipment within 30 days either in-person or through certified mail to: ATTN: Equipment Return, 711 Moorefield Park Drive, Suite A, North Chesterfield, VA 23236. Equipment may also be returned at designated drop-off locations. If equipment is not returned or postmarked within 30 days of the expiration of your term as a customer, we will charge you an equipment Non-Return fee. The fee is $300.00 USD. You may call 888-680-5538 to request postage. We reserve the right to charge the Early Cancellation fee and Non-Return fee to the credit or debit card you have on file with us.
c. Suspension/Termination by Amtech, Inc. We respect freedom of expression and believe it is a foundation of our free society to express differing points of view. We will not terminate, disconnect, or suspend Service because of the views you or we express on public policy matters, political issues, or political campaigns. Amtech, Inc. may, however, immediately terminate or suspend your Internet Account, and all or a portion of your Service without notice if: (a) you provide false or inaccurate information to Amtech, Inc.; (b) you violate this Agreement or the Amtech, Inc. Acceptable Use Policy; (c) you engage in conduct that is a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); or, (d) if you engage in conduct that is threatening, abusive or harassing to Amtech, Inc. employees, including, for example, making threats to physically harm or damage employee or company property, frequent use of profane or vulgar language, or repeatedly contacting our customer service representatives for reasons that do not pertain to our provisioning, maintenance, repair, or general servicing of your Service after you have been asked to stop such conduct. You may also be subject to suspension or termination pursuant to Section 6 herein entitled “Payment.”
If we terminate or suspend your Service, your license to use any software provided in connection with the Service is also terminated or suspended (as applicable). If your Service is terminated, Amtech, Inc. has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges for the Service through the date of termination. Should you wish to resume Service after any suspension, a restoral of service fee may apply. This fee is in addition to all past due charges and other fees.
Service customers agree to pay: (1) the monthly fee specified when you ordered your Service; (2) the charge for all equipment required for your Service; (3) activation fees, connection charges, and/or installation charges, if any; (4) late fees, restoral of Service fees, and other applicable Service charges; and, (4) any applicable taxes, recovery fees, and surcharges which Amtech, Inc. pays to municipalities and other governmental entities and may pass on to you.
a. Credit Check / Advance Payments & Deposits. Service customers give us permission to obtain their credit information from consumer credit reporting agencies at any time. If we determine that you may be a credit risk due to: (1) unsatisfactory credit rating; (2) insufficient credit history; (3) fraudulent or abusive use of any Amtech, Inc. or DIRECTV® services within the last five years; or, (4) late payments for current or prior bills, we may refuse to provide the Services or we may require an advance payment, a non-refundable payment, and/or a deposit. Interest will not be paid on advance payments or deposits unless required by law. We may require special payment terms such as additional advance payments or deposits if we determine that the initial payment was inadequate. We may establish limits and restrict Service or features as we deem appropriate. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend Service until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due. Upon determination solely by Amtech, Inc. of satisfactory payment history or as required by law, we may begin refunding of deposits through bill credits.
b. Billing. Billing will begin immediately after the registration process and will repeat monthly on the same day of the month that registration was originally completed on the same credit or debit card.
c. Credit Card Billing. You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Amtech, Inc. to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that this Agreement shall be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that this Agreement shall be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Amtech, Inc. and/or any other company who bills products or services, or acts as billing agent for Amtech, Inc., to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Amtech, Inc. with updated credit card information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Amtech, Inc. nor any Amtech, Inc. affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at the option of Amtech, Inc., to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer.
h. Bill Inquiries and Refunds. If you believe you have been billed in error for the Services, please notify us within 60 days of the billing date by contacting Customer Service (Consumer 888-680-5538; Business 804-591-2387). Amtech, Inc. may not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation.
7. Equipment & Software
Other than the equipment and/or software provided to you by Amtech, Inc. or DIRECTV® for use with the Service, you must provide all equipment, devices, and software necessary to receive the Service. Any equipment or software that was not provided to you by Amtech, Inc. is not the responsibility of Amtech, Inc., and Amtech, Inc. is not obligated to provide support, or be responsible for ongoing maintenance of such equipment. Regardless of whether the equipment used to access your Service (modem, gateway, or otherwise) is owned by you or Amtech, Inc., Amtech, Inc. reserves the right to manage such equipment for the duration of your Service, and retains exclusive rights to data generated by the equipment. Neither you nor a third party may change, interfere with, or block access to equipment data or settings.
Amtech, Inc. will repair or replace damaged equipment as Amtech, Inc. deems necessary. You understand that repair or replacement of equipment may delete stored content, reset personal settings, or otherwise alter the functionality of your equipment. If you own the equipment or the equipment is damaged due to your intentional acts or negligence as determined by Amtech, Inc., you will be responsible for the price of repair or replacement.
You agree to notify Amtech, Inc. immediately, in writing or by calling the Amtech, Inc. customer service center, if the equipment is stolen or if you become aware at any time that Services are being stolen or fraudulently used. When you call or write, you must provide a detailed description of the circumstances of the theft, including documentation of theft or fraudulent use of the equipment or Services (such as a copy of a police report). You will be responsible for all charges incurred until you report the theft or fraudulent use. You will also be responsible for stolen equipment not owned by you; however, Amtech, Inc. may in its sole discretion waive or reduce charges upon submission of documentation of theft or other circumstances. Failure to provide notice to Amtech, Inc. of theft in a timely manner may result in the termination of your Services and additional charges to you.
8. Account Security
You will create a password associated with your Username upon completing the Registration Process. You agree to keep confidential all passwords, IP addresses, and computer names and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your password, Username, or IP address. You agree to immediately notify Amtech, Inc. if you suspect any breach of security such as loss, theft, Public Use, or unauthorized disclosure or use of your Member Account or Sub Account, password, Member ID, or any credit or charge card number provided by calling 888-680-5538.
9. Restrictions on Use
Your use of the Site and Service is subject to the Amtech, Inc. Acceptable Use Policy (“AUP”) which may be viewed at www.amtechwifi.com and www.amtechcommunications.com and is hereby incorporated into these Terms of Service as though fully set forth herein. In accordance with the AUP, Amtech, Inc. reserves the right to deny, disconnect, modify, and/or terminate, without notice, the Internet Account provided to any customer whose use of the service violates the AUP. Examples of violations of the AUP include, but are not limited to: (i) illegal or unlawful activities, (ii) violation of intellectual property rights, (iii) publication or dissemination of threatening material, (iv) inappropriate interaction with minors, (v) Spam/Email/Usenet abuse, (vi) uses which are harmful to or interfere with the use of the Amtech, Inc. network or its systems, or the network of any other provider, (vii) uses which interfere with the use or enjoyment of the Services received by others, and, (viii) uses that constitutes a security risk or a violation of privacy. See the AUP for a more detailed discussion of the policy and these examples.
a. No Resale. The Service is provided for your use only (unless otherwise specifically stated) and you agree not to, whether for a fee or without charge, reproduce, duplicate, copy, sell, transfer, trade, resell, re-provision, redistribute, or rent the Service, your membership in the Service, any portion of the Service, use of the Service, or access to the Service, including, but not limited to, reselling capabilities enabled or used by a specific application (including, without limitation, Voice Over Internet Protocol (VOIP) via wired, wireless, or other means. For example, you agree that the Service is not to be used to trunk or facilitate public internet access (“hotspots”) or any other public use of the Service, or for any high-volume purpose. All aspects of the Service and Site, except that portion provided by third party providers, is copyrighted and property of Amtech, Inc.
b. Copyright Infringement & Digital Millennium Copyright Act. You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity), or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through the Site or Service(s). Amtech, Inc. assumes no responsibility, and you assume all risks, regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.
c. Network Management. Amtech, Inc. reserves the right to engage in reasonable network management practices, and to protect its broadband network from harm, compromised capacity, degradation in network performance or service levels, or uses of the Service which may adversely impact access to or the use of the Service by other customers. Reasonable network management practices that Amtech, Inc. may adopt include, but are not limited to, the following: (i) a cap on data usage; (ii) a modification of a customer’s serving facility or service technology; and/or, (iii) a modification of or a limitation on a customer’s data throughput speed or data consumption.
10. Data Management, Content & Links
a. Data Management. You are responsible for management of your information, including but not limited to back-up and restoration of data, erasing data from disk space you control, and changing data on or settings for your modem and/or router. Amtech, Inc. is not responsible for the loss of your data or for the back-up or restoration of your data regardless of whether this data is maintained on our servers or your computer server.
b. Content. You, and not Amtech, Inc., are entirely responsible for all content that you upload, download, post, email, transmit, or otherwise make available via the Site and Service (“Content”). Amtech, Inc. does not generally prescreen or control Content that is posted by users of the Site, and, therefore, do not guarantee the accuracy, integrity, or quality of such Content. Amtech, Inc. shall have the right (but not the obligation) in its sole discretion to prescreen, refuse, or remove any Content that is available via our Site that is illegal, violates these Terms or the AUP, or exposes Amtech, Inc. to any risk of claims, lawsuits, or liability. As the providers of the Service, we are only a forum and are not liable for any statements, representations, or Content provided by Site users. Any opinions, advice, or recommendations expressed therein are those of the users providing such Content and not those of Amtech, Inc. We do not endorse any Content or any opinion, recommendation, or advice expressed therein. Mobile data charges may apply for any content forwarded from the Site that is subsequently accessed on a mobile device.
Amtech, Inc. 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 this Agreement; (c) respond to claims that any Content violates the rights of third parties; or, (d) protect the rights, property, or personal safety of Amtech, Inc., other end users, and the public.
11. Dispute Resolution by Binding Arbitration
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service center at 888-680-5538. In the unlikely event that the Amtech, Inc. customer service center is unable to resolve a complaint you may have to your satisfaction, we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
a. Amtech, Inc. and you agree to arbitrate all disputes and claims between you and Amtech, Inc. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
•Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory
•Claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising)
•Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class
•Claims that may arise after the termination of this Agreement
References to “Amtech, Inc,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Service or Site under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND AMTECH, INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
b. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Amtech, Inc. should be addressed to: Amtech, Inc., 7400 Beaufont Springs Drive, Suite A, North Chesterfield, VA 23225 (“Notice Address”). The Notice must (1) describe the nature and basis of the claim or dispute, and (2) set forth the specific relief sought (“Demand”). If Amtech, Inc. and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Amtech, Inc. may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Amtech, Inc. or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Amtech, Inc. is entitled.
c. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 800.778.7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Amtech, Inc. and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
d. The right to attorneys’ fees and expenses supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys’ fees or costs. Although under some laws Amtech, Inc. may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, Amtech, Inc. agrees that it will not seek such an award.
e. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND AMTECH, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Amtech, Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
f. Notwithstanding any provision in this Agreement to the contrary, we agree that if Amtech, Inc. makes any future change to this arbitration provision (other than a change to the Notice Address) during the period of time that you are receiving Services, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
12. Operational Limits/Force Majeure
Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that Amtech, Inc. is not liable for such interruptions. You further understand and agree that Amtech, Inc. has no control over third-party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of Amtech, Inc. In addition, we are not liable for any failure of performance due to any cause beyond their reasonable control including acts of God, fire, explosion, vandalism, terrorism, cable cut, major weather disturbance, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, any law, order, regulation, direction, action, or request by any government, civil, or military authority, or suspension of existing service in compliance with state and/or federal law, rules, and regulations, or delays caused by you or your equipment.
13. Customer Service Support
Amtech, Inc. provides free basic customer care for Service purchased from Amtech, Inc. and covered under this Agreement. However, under this TOS, Amtech, Inc. does not provide support for devices that access the Service under this Agreement.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITE, SERVICE, AND/OR SOFTWARE IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AMTECH, INC. AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. AMTECH, INC. AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITE, SERVICE, AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE, SERVICE, AND/OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (FOR EXAMPLE BUT WITHOUT LIMITATION, AMTECH, INC. WARRANTS THAT YOU WILL ALWAYS RECEIVE EMAILS ADDRESSED TO YOU), (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICE, AND/OR SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, SERVICE, AND/OR SOFTWARE WILL MEET YOUR EXPECTATION, AND (v) ANY ERRORS IN THE SITE, SERVICE, AND/OR SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICE, AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMTECH, INC. OR THROUGH OR FROM THE SITE, SERVICE, AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER AMTECH, INC. NOR THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS WILL BE LIABLE TO YOU FOR ANY 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 AMTECH, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE, SERVICE, AND/OR SOFTWARE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, SERVICE, AND/OR SOFTWARE; (e) FAILURE TO INSURE THE COMPATIBILITY OF YOUR SYSTEM (INCLUDING THE EQUIPMENT, DEVICES, AND SOFTWARE THAT YOU PROVIDE TO RECEIVE THE SERVICE) WITH THE SITE, SERVICE, AND/OR SOFTWARE; OR, (f) ANY OTHER MATTER RELATING TO THE SITE, SERVICE, AND/OR SOFTWARE.
Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
You agree to indemnify and hold Amtech, Inc. and their subsidiaries, affiliates, officers, agents, co-branders, licensors, or other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, or otherwise make available through the Site or Service, your use of the Site or Service, your connection to the Site or Service, your violation of this Agreement, your violation of the AUP, or your violation of any rights of another.
You acknowledge that you are responsible for all use of the Site and Service using your account, including use by Sub Accounts, and that this Agreement, the Acceptable Use Policy, and Privacy Policies, as amended from time to time, apply to any and all usage of your account. You agree to abide by these terms and you agree to defend, hold harmless, and indemnify Amtech, Inc. from and against any and all claims stemming from usage of this account- whether or not such usage is expressly authorized by you.
This Agreement, any other policies or guidelines referenced herein and the terms set forth in any promotional offer for the Service constitute the entire agreement between Amtech, Inc., and you. This Agreement governs your use of the Site and/or Service, superseding any prior agreement between you and Amtech, Inc. with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Amtech, Inc., or affiliate services, or third- party content. The failure of Amtech, Inc. or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement. You agree that your Amtech, Inc. account is non- transferable and any rights to your Content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. You agree that regardless of any statute of laws to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filled within one (1) year after such claim or cause of action arose or be forever barred. We can assign all or part of Amtech, Inc.’s rights or duties under this Agreement without notifying you. You may not assign this Agreement or the Services without prior written consent. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable. The section titles and paragraph headings in this Agreement are for convenience only and have no legal or contractual effect.
a. Survival. Obligations and rights in connection with this Agreement, which by their nature would continue beyond the termination, cancelation, or expiration of this Agreement, will survive the termination, cancelation, or expiration of the Agreement, including, but not limited to those in the following sections: Equipment and Software, Payment, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution by Binding Arbitration, and General.
18. Implied Email Consent.
Implied consent is assumed when a potential customer provides an email address for a commercial purpose. At such point, GigaMonster Networks, LLC. reserves the right to send e-mail and marketing promotions given such communications comply with regulations established in the CAN-SPAM Act.
19. Transactional or Relationship Email Consent. GigaMonster Networks, LLC. Reserves the right to distribute any email communication to customers that is transactional or related to the customer's relationship with GigaMonster Networks, LLC. Communications are determined to be transactional or relationship related if they meet any of the following criteria:
If the communication facilitates, completes, or confirms a commercial transaction previously agreed to by the recipient;
If the communication provides warranty, product recall, safety, or security information for a product or service purchased by the recipient;
If the communication provides certain information regarding a membership, subscription, account, loan, or similar ongoing relationship between the recipient and sender (e.g., notification of a change in the terms or features of a membership or subscription, periodic account balance information);
If the communication provides information about an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled;
If the communication delivers goods or services (such as product upgrades or updates) as part of a transaction to which the recipient previously agreed.
Last updated: December 2021.