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ACCEPTANCE OF TERMS
AMECHE GROUP, LLC ("AMECHE") provides this web
site ("Site") to you and these Terms and Conditions (“Terms
and Conditions” or “Agreement”) apply to this Site.
This Agreement is made between you and AMECHE. The Site and all text,
pictures, graphics, logos, button items, images, works of authorship
and other information and all revisions, modifications, and enhancements
thereto ("Content") are subject to the following Terms and
Conditions, which may be updated from time to time. The Site is provided
to you under these Terms and Conditions, and amendments thereto and
any operating rules or policies. We reserve the right to update and
change these Terms and Conditions from time to time with or without
notice to you.
YOUR ACCESS TO AND USE OF THIS SITE AND CONTENT PROVIDED
ON THIS SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL
APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS CAREFULLY.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS
OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR CONTENT CONTAINED ON
THIS SITE. YOUR ACCESS TO AND USE OF THIS SITE CONSTITUTE YOUR AGREEMENT
TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.
PROPRIETARY RIGHTS
This Site does not claim any ownership in any photographs,
images, video, works of authorship, or other materials, including biographical,
photographic and other information identifying you (“Submission”)
submitted by you. By submitting a Submission to this Site, you grant
AMECHE a perpetual, nonexclusive, worldwide license to use, modify,
publicly perform, publicly display, reproduce and distribute such Submission
as reasonably necessary in the ordinary course of running and marketing
AMECHE. You hereby acknowledge and fully understand that the grant of
rights extended to AMECHE and the Site by you includes the right to
use and to re-use the Submission, in whole or in part, and to authorize
others to use and to re-use the Submission, an unlimited number of times
without compensation to, or approval by, you. Such use may include,
but is not limited to, editorial, entertainment, advertising, exhibition,
promotion, cross-promotion, sales, leasing, rental, merchandising and
trade purposes.
You represent and warrant that all Submissions you provide
to AMECHE are exclusively owned by you and do not infringe on any person’s
intellectual property rights (including, but not limited to copyrights,
trademarks, service marks, or any other proprietary, publicity, or privacy
rights).
You acknowledge and agree that (a) all Content is the
copyrighted work of AMECHE or its third party content suppliers and
is protected by copyright laws, (b) AMECHE’s name, the domains
www.womanroadwarrior.com and awaytravelgear.com, the logos, all page
headers, custom graphics and button icons are service marks, trademarks
and/or trade dress of AMECHE (collectively, "Marks"), and
(c) all other trademarks, product names, company names or logos on the
Site are the property of their respective owners. In addition to agreeing
to comply with all applicable laws, you agree you will not use any such
Content or Marks from this Site for any purpose without the appropriate
prior written authorization.
ARBITRATION
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR
CONTROVERSIES BETWEEN YOU AND AMECHE, AND ITS PARENT, affiliates, SUBSIDIARIES
OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT
CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW,
ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL
BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED
BY THE ARBITRATOR (WHO SHALL BE SELECTED BY AMECHE). ANY CONTROVERSY
CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE
ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY
THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION
THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION
IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT
AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION
ACT (“FAA”). NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN
OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR
ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A
PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY
WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
MODIFICATION OF SITE
AMECHE may, at its discretion, modify or discontinue any
of the Content or a portion thereof, with or without notice. You agree
that AMECHE will not be liable to you or any third party for any modification
or discontinuance of any of the Content.
DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS
SITE AND CONTENT IS AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED ON AN
"AS IS" OR "AS AVAILABLE" BASIS. AMECHE AND ITS
SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS
OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THIS
SITE DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL
ADVICE. AMECHE AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE CONTENT
is ACCURATE OR ERROR-FREE; and (ii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE CONTENT WILL BE RELIABLE.
YOU EXPRESSLY WARRANT AND AGREE THAT ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK OR ANY LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT AMECHE AND ITS SUPPLIERS
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR
ACCESS TO, USE, OR INABILITY TO USE THE SITE or CONTENT, OR FROM YOUR
ACCESS TO, USE, INABILITY TO USE, OR RELIANCE UPON ANY LINKED AMECHE,
EVEN IF AMECHE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS
UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS;
FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY
SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING
THE ABOVE, LIABILITY IS IMPOSED UPON AMECHE, THEN YOU AGREE THAT AMECHE’S
TOTAL LIABILITY FOR ANY OR ALL of YOUR LOSSES OR INJURIES FROM AMECHE’S
ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE
CLAIM, SHALL NOT EXCEED $100.
GENERAL PROVISIONS
Governing Law
These Terms and Conditions are governed by the laws of Illinois
without regard to conflict of law provisions with the exception of the
Arbitration provision, which shall be governed by the Federal Arbitration
Act. You hereby consent to the exclusive jurisdiction of the courts
of the State of Illinois. Venue shall be in Cook County, Illinois.
Entire Agreement
These Terms and Conditions, the Privacy Policy, and other policies AMECHE
may post on this Site constitute the entire Agreement between AMECHE
and you in connection with your use of this Site, any products or services
offered on this Site, and the Content, and supersede any prior versions
of the Terms and Conditions, if applicable. AMECHE may update these
Terms and Conditions from time to time by posting revised Terms and
Conditions on this Site, without notice to you, and your subsequent
use of the Site is governed by those new Terms and Conditions. The Terms
and Conditions are effective until terminated by AMECHE. In the event
of termination, the Proprietary Rights, Disclaimers, Limitations of
Liabilities, and Governing Law provisions set forth in these Terms and
Conditions will survive. In the event of a conflict between any other
notice, policy, disclaimer or other term contained in this Site, these
Terms and Conditions will control. If any provision is deemed to be
unlawful or unenforceable, it will not affect the validity and enforceability
of the remaining provisions. The section headings are for convenience
only and do not have any force or effect.
Privacy Policy
AMECHE’s policy on how your personal information is used
and disclosed is contained in our Privacy Policy. You agree to accept
these Terms and Conditions, any notifications and revisions, and any
notices provided electronically on this Site.
Links
We have no control over and is not responsible for the content of or
claims made on websites that may be linked to or from this Site, whether
or not they may be affiliated with us. Any websites linked to or from
our Site are for your convenience only, and you access them at your
own risk.
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