Advance Marketing, Inc. ("AMI") operates this Website (“Site”) to provide online access to information about AMI and the goods, services, and opportunities we provide (the "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). These Terms of Use, together with applicable additional terms and conditions that may be contained in purchase orders are referred to as this "Agreement".
AMI reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your Agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.
- Use of Site
- Copyright
- Trademarks
- Downloading Files
- Software
- Disclaimer of Warranties
- Forward Looking Statements
- Privacy
- Access and Use of Information
- General Provisions
- Submissions
- Questions
1. Use of Site You may use the Service, the Site, and the information, software, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Materials") to learn about or use AMI products and services. No right, title or interest in any Materials is transferred to you, whether as a result of downloading such Materials or otherwise. AMI reserves complete title and full intellectual property rights in all Materials. Except as expressly authorized by this Agreement, or separate agreements for services that you may enter into with AMI, you may not use, alter, copy, distribute, transmit, or derive another work from any Materials obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
2. Copyright The copyright of this Site and its Materials are protected by copyright laws and belong to AMI. You are hereby authorized to use the Materials of this Site consistent with its intended purpose and your use does not convey any title or ownership rights in the Site. Note that any product, process, or technology described in the Materials may be the subject of other intellectual property rights reserved by AMI or its affiliates which are not licensed hereunder. Any copy of any Materials of this Site or portion thereof must include the copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Materials contained on this Site. This Site is proprietary to AMI and title to the Site, including without limitation, all applicable rights to patents, copyrights, trademarks, trade secrets and other intellectual property rights shall remain solely in AMI.
3. Trademarks The term "Advance Marketing" is a protected trade name. All related product and service names, designs and slogans are the trademarks or service marks of AMI or affiliated companies of AMI. All other product and service marks on this site are the trademarks of their respective owners.
4. Downloading Files AMI cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
5. Software Any software available for download via the Site is the copyrighted work of AMI and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
6. Disclaimer of Warranties; Liability. ALL MATERIALS POSTED ON THIS SITE ARE "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES EXPRESS OR IMPLIED. AMI DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMI DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMI DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU AGREE THAT AMI AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGE (INCLUDING LOST PROFITS) RELATED TO THE SITE OR ITS MATERIALS INCLUDING BUT NOT LIMITED TO DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SITE EVEN IF AMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT AMI AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM A CAUSE OVER WHICH AMI OR ITS AFFILIATES DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. IF YOU ARE UNABLE TO ACCESS THE AMI SITE THROUGH YOUR ON-LINE SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, FLOODS AND STRIKES OR OTHER LABOR PROBLEMS. AMI offers you various ways of ordering products, including telephone and on-line services, and, should a user experience any problems in reaching AMI through any particular method, the user may use alternate methods to communicate with AMI. Although AMI will endeavor to keep its users informed about changes, you understand that AMI may modify or replace this Site or information on it at any time. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen.
8. Confidentiality. AMI hereby identifies as proprietary and confidential its various databases and the data contained within such databases as well as the methods utilized by AMI in gathering, compiling and maintaining such data. Customer will take reasonable precautions to assure that all confidential information disclosed to it by AMI is held in strict confidence and disclosed only to those of its respective employees whose duties reasonably require access to such information. Customer will take suitable precautions to prevent loss, compromise, or misuse of any data provided by Customer. Except as required by law, Customer agrees that any information or data provided by AMI will be maintained in strict confidence and will not be copied, disclosed, sold or otherwise made available to any third parties. Customer shall provide for physical security of data obtained from AMI with the same degree of care (provided that such is at least a reasonable degree of care) that Customer uses to protect its own most sensitive data. Customer shall not grant access to the Site, and any other information or data provided by AMI, to individuals incarcerated in prisons or correctional institutions.
9. Access and Use of Information Access to this Site is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by AMI at this Site. Any access or attempt to access other areas of the AMI computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this Site other than in connection with the procurement of products and services provided by AMI. Any intentional damage or intentional interruption of AMI's computer system as well as computer resources and/or system service, carrying on of personal business or illegal activities will be cause for termination of this Agreement. You agree to hold AMI harmless for damages and losses incurred as a result of misuse of this Site by you.
By accessing the Site, Customer expressly agrees that it will not provide Customer’s access information (including password) to its employee, agent, or third party in order for that employee, agent, or third party to research AMI’s website for the purpose of reverse engineering the features, functions, and appearance of the Site. Any person who accesses this Site expressly agrees that he or she will not reverse engineer the features, functions, and appearance of the Site.
10. Payment. The fees for AMI products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable together with the submission of an order. AMI requires pre-payment on all orders. Any amount due to AMI, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible for all related collection costs, legal fees and interest. All returned checks will be charged a fee of $25. Commencement on Customer’s project starts only after AMI receives final approval of Customer layout and summary of printing charges.
11. Refunds. You may receive a refund if you were over billed due to mistake or if AMI cannot deliver the mail services that you have ordered within 14 days of the due date for your project. AMI will not refund any amount back due to mail quality and will only replace the mail if your dissatisfaction is due to reasons other than over-billing by mistake or AMI’s failure to deliver your order as mentioned in the first sentence of section 11.
12. No Guaranties. AMI will reproduce color from submitted transparencies, slides, photos or digital layouts as closely and accurately as possible, but cannot exactly match color and density because of limitations in the printing process, as well as neighboring image ink requirements. AMI accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product, however, AMI strives to reproduce the images and colors as closely as possible.
Expected delivery date and project timelines are not guaranteed. Customer’s order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc.
Despite what might be represented to Customer as anticipated response rates, AMI does not guaranty a minimum response rate for any project. Anticipated response rates communicated to Customer is based on anecdotal evidence and Customer acknowledges that such representations are not guaranties of future results for Customers project.
13. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire Agreement of the parties with respect to the subject matter hereof. No waiver by AMI of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Updates, Correction of Errors, and Inaccuracies. The Site or Materials may contain typographical errors or other errors or inaccuracies and may not be complete or current. AMI therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update this Site or Materials at any time without prior notice. AMI does not, however, guarantee that any errors, inaccuracies or omissions will be updated or corrected.
c. Governing Law. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. AMI has endeavored to comply with all legal requirements known to it in creating and maintaining this Site. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall govern such use. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, AMI's Privacy Policy, your use of the Site or the Materials are governed by, and will be interpreted in accordance with, the laws of the State of California. You agree that by using the Site you are entering into this agreement in, and the goods and services are being provided to you, in Contra Costa County, California. All payments made by you are considered paid in Contra Costa County, California. In addition, you acknowledge that any conduct considered a breach of this Agreement is made in Contra Costa County.
If a dispute of a contractual nature arises between AMI and Customer regarding AMI’s entitlement to fees and/or costs under this agreement, or the enforceability of any term of this agreement, the prevailing party shall be entitled to its attorney’s fees and costs in enforcing the terms of this agreement. This provision also applies to AMI seeking any monies for quantum meruit recovery for the reasonable value of the services and costs expended or incurred on behalf of Customer.
14. Submissions. All unsolicited remarks, suggestions, ideas, graphics or other information communicated to AMI through this Site will forever be the property of AMI. Unless otherwise specified in writing by AMI, all material submitted to AMI will be presumed to be public and AMI will not be required to treat the information as confidential. AMI shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.
AMI does welcome feedback regarding AMI’s existing businesses that will help satisfy customer's needs, and feedback can be provided through the many listed contact areas on the Site.
15. Questions. Questions regarding AMI Terms of Use should be directed to AMI through your AMI sale representative or project coordinator. This document was last updated March 2016.
