Terms Of Use

Terms of Use

 

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (Agreement) with respect to Americaware.com (the Site). This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Copyright

The content, organization, graphics, design, and other matters related to Americaware.com are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.

Deleting and Modification

We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.

Indemnification

You agree to indemnify, defend and hold us, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

Disclaimer

THE CONTENT, SERVICES, PRODUCTS LISTED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.

Shipping

The operators of this site are not responsible for incorrect shipping information entered into the system. This can include, but not limited to, incorrectly entered addresses, improperly selected shipping methods, or incorrect items placed into the cart. It is customer responsibility to ensure all information and products being purchased are correct before order submission. Orders are generated directly from entry form and are processed as submitted. Should a mistake be made, customers can contact Americaware at any time before shipping to correct errors, however Americaware cannot guarantee any delay in order processing or shipping. Therefore mistakes should be reported IMMEDIATELY, otherwise an order may be shipped as received.

Damages and Claims

All defects or deficiencies in an order received must be reported to Americaware within four business days of arrival. Products will be replaced at no cost when reported within proper time frame. Replacements are shipped within 3 business days of the claim. Claims reported after allotted time are subject to additional shipping costs. Contact customer support to report damages or missing product at 1-800-854-1652, or E-Mail Jake@americaware.com

Returns and refunds

Americaware does not accept returned items. All sales are final. Please refer to Damages and Claims for information on replacement products. In the event of orders placed on products that have become out of stock, a customer service agent will contact you to offer a substitution product or a refund. We do not offer refunds in exchange for returning product. Replacement products will ship with your order within 3 business days, refunds are applied to your card same day. Please note that your refund may not appear in your account immediately, the time will vary depending on your banks policies.

Product Display and Colors

This site attempts to display product images as accurately as possible. However, we can not guarantee that the color you see matches the product color. Note that the display of color may depend, in part, upon the monitor you are using.

Errors on Site

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and Americaware reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Americaware will issue a credit to your credit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account.

Limits

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.

Submissions

All suggestions, ideas, notes, concepts and other information you may send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.