Introduction
Welcome to the amerikiosks.com web site. This Site is offered to you by Amerikiosks conditioned on your acceptance, without modification, of the terms, conditions, policies and notices contained in these Terms of Use.
Acceptance of Contract Terms
Please read these Terms of Use carefully before using this Site. If you do not agree to all of the notices, terms and conditions contained in these Terms of Use, do not use this Site. By accessing and using this Site in any way, including without limitation, browsing this Site, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including but not limited to conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Florida law.
Copyright and Trademark Notices
As long as you comply with these Terms of Use and any modifications thereto, Amerikiosks grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited right to enter and use the Site. All contents of this Site are copyrighted and all rights are reserved. This Site contains copyrighted material, trademarks and other proprietary information including without limitation, text, software, photographs, graphics, and/or sound, and the entire contents of this Site are copyrighted as a collective work under the United States copyright laws. Amerikiosks owns a copyright in the selection, coordination, arrangement, enhancement and “look and feel” of this Site. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content contained on this Site without the express written permission of Amerikiosks. You acknowledge that Amerikiosks and/or third-party content providers remain the owners of all materials, service marks and trademarks posted on this Site, and that you do not acquire any of those ownership or license rights therein. The Amerikiosks trademarks may be used only with prior written permission from Amerikiosks. The use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Framing, inline linking or other association of this Site or Amerikiosks with links, advertisements and/or other information not originating from Amerikiosks is expressly prohibited. Third party trademarks, trade names, logos, product or service names contained on this Site may be the trademarks, registered or unregistered, of their respective owners.
Disclaimer
YOUR USE AND BROWSING OF THIS SITE IS AT YOUR RISK. AMERIKIOSKS MAKES NO GUARANTEE OF AVAILABILITY OF THIS SITE OR ANY SERVICES OFFERED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS, WHERE IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMERIKIOSKS DOES NOT WARRANT THAT THIS SITE OR THE CONTENT CONTAINED HEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, Nor is any responsibility assumed for incorrect or inaccurate capture of information, including but not limited to malfunctions, human error, lost/delayed/garbled data or transmissions, omission, interruption, deletion, defect, failures of any COMMUNICATIONS, equipment, software or any combination thereof. AMERIKIOSKS MAKES NO WARRANTY THAT THIS SITE WILL MEET ANY USER’S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.
Limitation of Liability
IN NO EVENT SHALL AMERIKIOSKS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SPONSORS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF AMERIKIOSKS OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AMERIKIOSKS ALSO ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Typographical Errors
Considerable effort is made to ensure the accuracy of all content on the Site. However, neither Amerikiosks nor its employees makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, products, product information or any other materials accessible through this Site. All terms, prices, configurations and specifications are subject to change without notice or obligation.
In the event that any product offered on this Site by Amerikiosks is mistakenly listed at an incorrect price, Amerikiosks reserves the right to refuse or cancel any orders placed for such products listed at the incorrect price. Amerikiosks reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Amerikiosks shall issue a credit to your credit card account in the amount of the incorrect price.
Site Communications
Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by Amerikiosks or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Amerikiosks shall free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing and marketing products or services using such information.
Off-Site Content
This Site contains links to other web sites, resources or third-parties (collectively referred to as “Linked Sites”). Amerikiosks does not, however, control these independent web sites and does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with such sites, their products or their services. You acknowledge and agree that Amerikiosks has no responsibility for the accuracy or availability of information provided by Linked Sites. Links to Linked Sites are provided as a convenience to you, and Amerikiosks is not responsible for the availability of such external sites and linking to Linked Sites does not constitute an endorsement by or association with Amerikiosks of such sites, or the products, services or other materials presented on such Linked Sites. Amerikiosks does not author, edit, or monitor these Linked Sites, their terms of use or their privacy practices. Therefore, Amerikiosks 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 any Linked Sites.
Indemnification
You agree to indemnify, defend and hold Amerikiosks, its officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages and/or costs, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, including any use by your employees, your connection to this Site, your violation of these Terms of Use, your infringement (or infringement by any other user of your login) of any intellectual property or proprietary right of any person or entity, or your violation (or any violation by any other user of your login) of the rights of another. You shall cooperate as fully as reasonably required in the defense of any such claim. Amerikiosks reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Jurisdiction and Venue
Amerikiosks controls and operates this Site from the United States of America. Amerikiosks does not represent that materials on this Site are appropriate or available for use in other locations. Persons or entities who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Information on this Site may include description of products and services that may be available in the United States of America only. You agree that any legal action brought against Amerikiosks shall be governed by the laws of the State of Florida without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of this Site or orders made through this Site shall be an appropriate federal or state court located in Dade County, Miami, Florida.
Modifications to this Site
Amerikiosks has the right to modify this Site and any services offered through this Site as described in these Terms of Use and to change, suspend, or discontinue any aspect of this Site at any time, including the availability of any Site feature, database or content. Amerikiosks may also impose limits on certain features and services or restrict your access to parts or this entire Site without notice or liability.
No Waiver
The failure of Amerikiosks to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision contained in these Terms of Use is found by a court of competent jurisdiction to be unlawful, invalid, or for any reason unenforceable, the parties nevertheless agree that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intention of Amerikiosks and that provision of these Terms of Use shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement
This Agreement constitutes the entire understanding between Amerikiosks and you with respect to this Site and the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter, whether written or oral. The parties hereto specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. Neither the course of conduct between the parties hereto nor trade practice shall act to modify these Terms of Use. Amerikiosks may assign its rights and duties under these Terms of Use to any party at any time without notice. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use.
Terms of Use Revisions
Amerikiosks reserves the right to modify these Terms of Use. Amerikiosks will post any changes to these Terms of Use on this page. Continued use of this Site after such postings shall be deemed an acceptance to be bound by the notices, terms and conditions of the modified Terms of Use.
If you have any questions about these Terms of Use, the practices of Amerikiosks, or your dealings with this Site, please contact us at: [email protected].
Ameriokiosk Corp
9649 NW 33rd Street
Doral, FL-33172
United States