Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (“TERMS”) GOVERN YOUR USE OF THE WEB SITE AMPMSERVICE.COM AND ARE LEGALLY BINDING ON YOU. PLEASE READ THESE TERMS CAREFULLY.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE AMPMSERVICE.COM OR ANY INFORMATION CONTAINED ON THE SITE.  YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

 

Ownership Rights and Limitation of Use

AM/PM Service® provides information relating to the sale and servicing of point-of-sale systems and products through its site ampmservice.com (the “Site”). All contents on the Site, including but not limited to design, graphics, images, text, information, documents, services and products provided or offered on the Site, including the selection and arrangement of such items (“Content”), and all copyrights, trademarks and any other intellectual property related to these Content are owned by AM/PM Service® or the owner of such contents and are subject to copyright, patent, trade mark, trade secret and other intellectual and proprietary rights.  Except to the extent expressly permitted by applicable law, no Content on this Site may be used, copied, modified, translated, distributed or otherwise utilized without the prior permission of AM/PM Service® or the owner of the Content. AM/PM Service® reserves the right to add, delete, or modify these Terms or the Content of this Site at any time without notice.

All software used on this Site (“Software”) is the property ofAM/PM Service® or its licensors, and Canadian copyright laws and international treaties protect such software. Any use of the Software other than as required to navigate the Site and utilize the functionality offered through the Site is expressly prohibited. No right to copy, distribute (in any manner through any means including without limitation rent, sales, lease, loan, or transfer), publicly display, publicly perform or modify the Software accessible on the Site is granted, or may be implied by these Terms. You may not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code to the Software without the express written permission of AM/PM Service® and/or its licensors, as applicable. You agree not to “frame” or “mirror” any Content or third party content contained on or accessible from this Site on any other server or Internet based device without the advance written authorization of AM/PM Service®or its licensors, as applicable.

“AM/PM Service” and the “AM/PM” logo are trade-marks and trade names and owned and used by AM/PM Service®. Other product and company names and logos appearing on the Site may be registered or unregistered trade names, trade-marks and service marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos displayed on the Site (collectively “Marks“), except as expressly provided in these Terms, is strictly prohibited. Nothing appearing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks.

AM/PM Service® grants you a limited, personal, non-exclusive and non-transferable license to display the Content only on your personal computer and to print in hard copy portions of this Site for the sole purpose of placing an order with a AM/PM Service®partner or using this Site as a resource. Any other use of Content on this Site including reproduction for purposes other than those noted above, modification, distribution, or republication without the prior written permission of AM/PM Service®is strictly prohibited. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Content. Except as stated herein, you acknowledge that you have no right, title to, or interest in the Content on any legal basis, without the advance written authorization of AM/PM Service®.  AM/PM Service® does not grant any other licenses or ownership to any copyrights, patents or any other intellectual property rights in the Content.  Your use of the Site does not transfer to you any ownership or other rights in the Site or the Content.

 

Third Party Interaction

Certain information and content available on the Site may be provided by third parties (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Without the consent of the applicable third party licensor, you shall only have the right to display the Third Party Content on your personal computer and to view such content for your personal use.

In your use of the Site, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or members or sponsors showing their goods and/or services on the Site. Unless otherwise stated in the terms of sale, any such correspondence, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. Unless otherwise stated, you agree that AM/PM Service® has no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.

Because AM/PM Service® publishes information provided by manufacturers and retailers, it has no control over the accuracy of such information and makes no guarantee as to such information, including as to the accuracy, currency, content or quality of any such information.

 

Site Links

This Site may be linked to other sites that are not under the control of or maintained by AM/PM Service®. You acknowledge that AM/PM Service® is providing these links to you only as a convenience, and further agree that AM/PM Service® is not responsible for the content or links displayed on such sites.

AM/PM Service® makes no representations whatsoever about any other web site which you may access through this one. When you access a non-AM/PM Service web site, even one that may contain AM/PM Service®trade-marks, please understand that it is independent from AM/PM Service®, and that AM/PM Service® has no control over the content on that website. In addition, a link to a non-AM/PM Service web site does not mean that AM/PM Service®endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

 

Password Restricted Areas

Certain areas of the Site may be password restricted to authorized users (“Restricted Areas”). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and account, and agree to notify AM/PM Service®if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify AM/PM Service®of any unauthorized use of your account or any other breach of security in relation to the Site known to you.

 

Unauthorized Activities

You represent and warrant that you are of sufficient legal age to use the Site and to enter into the binding legal obligations you may incur as a result of use of the Site. You agree to be financially responsible for any liability you may incur as a result of using the Site, and agree to supervise minors in the use of the Site. You acknowledge that your unauthorized use of any Content or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You agree that you are wholly responsible for your actions or the actions of any person using your user name and/or password. As such, you agree to indemnify and hold AM/PM Service®, its affiliates, agents, co-branders, and partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by AM/PM Service®in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation or the rights of any third party.

 

Content Disclaimer

AM/PM Service® does not represent, warrant or endorse the accuracy or reliability of any of the Content, links or advertisements contained on, distributed through, or linked, downloaded or accessed from the Site, nor the quality of any products, services, information or other materials displayed, purchased or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Content (the “Products”). You hereby acknowledge that any reliance upon any Content shall be at your sole risk.

All of the data on products and services, including but not limited to, the prices and the availability of any service, product or product feature, should be verified with the company supplying the product or service and is subject to change without notice by the manufacturers and/or service providers. AM/PM Service® reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Content. AM/PM Service® intends to update information listed on the site where appropriate, but shall not be liable for any inaccuracies, delays or failures to do so and will not notify users when information has been updated.

THE CONTENT IS PROVIDED BY AM/PM Service® ON AN “AS IS” BASIS, AND AM/PM Service® EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY CONTENT AND PRODUCTS ON THIS SITE OR ON ANY OTHER HYPER LINKED WEB SITE. IN NO EVENT SHALL AM/PM Service® BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE CONTENT AND THE PRODUCTS.

AM/PM Service®makes no representations concerning any endeavour to review the content of sites listed in any of the Content. AM/PM Service® is not responsible for the accuracy, copyright compliance or legality of material contained in sites listed in the directory or in the Content.

AM/PM Service® makes every effort to ensure the information presented on the Site is accurate. However, if an error is found, AM/PM Service® is not responsible for the results, or any loss or damage that may occur from such a mistake.

 

Local Laws, Export Laws

AM/PM Service®controls and operates this Site from its headquarters in Canada and makes no representation that the Content and/or Third Party Content are appropriate or will be available for use in other locations. If you use this Site from outside of Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the Third Party Content.

Unless otherwise explicitly stated, all marketing or promotional Content found on this Site is solely directed to individuals, companies, or other entities located or doing business in Canada.

You acknowledge and agree that the Content and the Third Party Content are subject to Canadian Export Laws and Regulations, and that diversion of the Content or the Third Party Content contrary to Canadian law is prohibited. You agree to comply strictly with all Canadian export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

 

General

If you violate these Terms, AM/PM Service® reserves the right to terminate service to you without notice. The preferred course of action is to advise you of your inappropriate behaviour and recommend any necessary corrective action. However, flagrant violations of these Terms, as determined by AM/PM Service® in its sole discretion, will result in immediate termination of service. You understand that AM/PM Service® has the right to terminate any access or service for any reason that AM/PM Service® interprets as an abuse.

You agree that AM/PM Service®and its licensors may make improvements and/or changes in the products, services, and programs described in this Site at any time without notice, and further agree that AM/PM Service® can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.

The laws of the Province of Alberta govern these Terms.  By using the Site, you hereby irrevocably attorn to the exclusive jurisdiction of the Courts of Alberta.  Any legal claims regarding these Terms must be filed in the judicial district of Calgary.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of AM/PM Service® to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AM/PM Service® in writing. The Terms comprise the entire agreement between you and AM/PM Service® and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

By using the site you confirm that you have read and understand the Terms, that you are at least 18 years of age, and that you agree to be bound by these Terms as provided, and that AM/PM Service®may update from time to time.

The parties acknowledge that they have requested and are satisfied that the foregoing be drawn up in English.  Les parties aux présentes reconnaissent qu’elles ont exigé que ce qui précède soit rédigé en anglais et s’en déclarent satisfaites.

Please contact us with any questions, concerns or comments you may have regarding these Terms.