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Terms and Conditions of Use
LEGAL INFORMATION & NOTICES
Ownership of Website
Your Use of this Website
Your use of the Website is evidence that you accept and assume all risks and all responsibility for losses, costs, and damages incurred.
Nothing on this Website can be a substitute for the advice of qualified professionals or your own best judgment. You take full responsibility for any and all consequences acted upon in utilizing the information we provide. We do not guarantee results.
This Website (including without limitation any content or other part thereof) contains general information only, and we are not, by means of this Website, rendering professional advice or services. Before making any decision or acting in any manner that might affect your finances or business, you should consult a qualified professional advisor. You accept and assume any and all risks for your actions, decisions, and results.
AMERICAN CHANGER® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, ACCURACY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
AMERICAN CHANGER® DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE SECURE, ERROR- FREE, UNINTERRUPTED, FREE FROM VIRUSES OR MALICIOUS CODE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
AMERICAN CHANGER® DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST AMERICAN CHANGER® FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. AMERICAN CHANGER® CANNOT ENSURE THAT ANY FILES OR DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES.
Limitations of Liability
Except where prohibited by law, in no event will American Changer® be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if American Changer® has been advised of the possibility of such damages.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF ANY LOSS RESULTING FROM YOUR USAGE. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING
TO OR ARISING OUT OF THE USE OF THIS WEBSITE, EVEN IF WE KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR USE OF, AND RELIANCE ON, ANY INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE AND/OR SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING BUT NOT LIMITED TO CLAIMS, SUGGESTIONS, ADVICE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
AMERICAN CHANGER® DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS OF ANY KIND REGARDING CONTENT, ACCURACY, SUITABILITY, RELIABILITY, OR TIMELINESS OF INFORMATION CONTAINED WITHIN THIS WEBSITE, PRODUCTS, SERVICES, TEXT, AND RELATED CONTENT. USERS OF CONTENT CONTAINED ON THE WEBSITE, LINKS OR SERVICES DO SO AT THEIR OWN RISK.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AMERICAN CHANGER® BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEBSITE OR SERVICES, EVEN IF AMERICAN CHANGER® OR AN AMERICAN CHANGER® AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL AMERICAN CHANGER® BE LIABLE TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT AND/OR NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR UTILIZING SERVICES.
Links to other websites are provided for ease of access to further information. They do not signify that we endorse the websites. We are not responsible for content on linked websites.
American Changer® disclaims any and all responsibility for any cause of action, loss, claim, liability, or damage of any kind resulting from, arising out of or any way related to:
• any errors in or omissions from this site and its content, including but not limited to technical inaccuracies and typographical errors or server errors;
• any third party websites or content therein directly or indirectly accessed through links in this site;
• the unavailability of this site or any portion thereof,
• misdirected or redirected transmissions;
• your use of this Website;
• your use of any equipment or software in connection with this Website;
• failed internet connections, interruptions in the transmission, receipt, or fulfillment of appointments or other services;
• any damages associated with or between you and any individual or organization you may have used as a result of this Website or its links;
• any computer virus or technical defect;
• your use of information obtained from the Website or interactive services, including, but not limited to, discussions via telephone, or email, in person, Skype, or similar methods of communication.
A covered party (as defined below) shall not be liable for any direct, indirect, incidental, special, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees and lost profits or savings) in any way due to, resulting from, or arising in connection with this Website, regardless of any negligence of any covered party.
“Covered party,” means American Changer® affiliates, listees, and any officer, director, employee, shareholder, partner, subcontractor, agent, successor, or assign of American Changer®, affiliates, and listees.
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Governing Laws In Case Of Dispute: Jurisdiction
• that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this Website must be filed within one (1) year after such claim or cause of action arose or be forever barred;
• to submit any dispute with American Changer®, the Website or services exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in Erie County, New York. You agree that any arbitrator shall not have the authority to award punitive damages;
• to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction;
Entire Agreement; Severability
By using our website and interactive services you consent to:
(a) our collection and use of information;
You agree to indemnify, defend, and hold American Changer®, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses, including reasonable attorneys’ fees, related to your violation or alleged violation of this Agreement or use of the Website.
All material on the website and interactive services is protected by United States copyright law. No Content from the website may be copied, reproduced, framed, republished, downloaded, uploaded, posted, transmitted, or distributed in any way. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from a duly authorized officer of American Changer®, or the copyright holder identified in the copyright notice contained in the Content.
If you wish to hyperlink to the website, you agree to keep intact all copyright and other proprietary notices you may do so provided you agree to cease such link upon request from American Changer®. No other use is permitted without prior written permission of American Changer®.