Terms of Use

Please read these ‘Terms of Use’ carefully before using our site.

Customers who use and shop on this shopping site are deemed to have accepted the following terms:

The web pages on our site and all pages connected to it (‘site’) are the property of and operated by AMERKEZ LLC (the "Company"), located at 1209 Mountain Road Pl NE, Ste N Albuquerque, NM 87110 USA (or as populated by 1209 Mountain Road Pl NE, Ste N Albuquerque, NM 87110 USA). By using all the services offered on the site, you (‘User’) are deemed to have accepted that you are subject to the following conditions; that by benefiting from and continuing to use the service on the site, you have the right, authority, and legal capacity to sign a contract according to the laws of the State of New Mexico and the United States, that you are over 18 years of age, that you have read and understood this contract, and that you are bound by the terms written in the contract.

This contract imposes rights and obligations on the parties regarding the site subject to the contract, and when the parties accept this contract, they declare that they will fulfill the mentioned rights and obligations completely, accurately, on time, and within the conditions requested in this contract.

1. RESPONSIBILITIES

a. The Company reserves the right to change prices and the products and services offered at any time without prior notice.

b. The Company accepts and undertakes that the member will benefit from the services subject to the contract, except for technical failures and scheduled maintenance.

c. The User accepts in advance that they will not reverse engineer the use of the site or take any other action to find or obtain its source code; otherwise, they will be responsible for damages that may arise before 3rd Parties, and that legal and penal action will be taken against them under applicable US Federal and State laws.

d. The User accepts that they will not produce or share content that is contrary to general morality, against the law, infringing on the rights of 3rd Parties (including Intellectual Property Rights), misleading, offensive, obscene, pornographic, libelous, or encouraging illegal activities in their activities within the site. Otherwise, they are entirely responsible for the damage that will occur, and in this case, the ‘Site’ authorities may suspend or terminate such accounts and reserve the right to initiate legal proceedings. The Company reserves the right to share information regarding activity or user accounts if requests come from judicial authorities or law enforcement agencies.

e. The relations of the site members with each other or with third parties are their own responsibility.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. All proprietary or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information, and method located on this Site belong to the site operator and owner company (AMERKEZ LLC) or the specified interested party and are under the protection of US and International copyright and trademark laws. Visiting this Site or benefiting from the services on this Site does not grant any rights regarding the subject intellectual property rights.

2.2. The information on the Site cannot be reproduced, published, copied, presented, and/or transferred in any way without express written consent. The whole or part of the Site cannot be used on another website without permission.

3. CONFIDENTIAL INFORMATION & PRIVACY

3.1. The Company will not disclose the personal information transmitted by users via the site to 3rd Parties except as outlined in our Privacy Policy. This personal information includes all other information aimed at identifying the User such as name-surname, address, phone number, mobile phone, email address, and will be briefly referred to as ‘Confidential Information’.

3.2. The User accepts and declares that they consent to the Company sharing its communication, portfolio status, and demographic information with its affiliates or group companies, limited to use within the scope of marketing activities. This personal information may be used within the company to determine a customer profile, to offer promotions and campaigns suitable for the customer profile, and to conduct statistical studies.

3.3. Confidential Information may only be disclosed to official authorities if this information is requested by official authorities (e.g., via subpoena or court order) and in cases where it is mandatory to make a statement to official authorities in accordance with the provisions of the mandatory legislation in force.

4. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES OFFERED BY THE COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

5. REGISTRATION AND SECURITY

The User is obliged to provide accurate, complete, and up-to-date registration information. Otherwise, this Agreement will be deemed violated and the account may be closed without informing the User.

The User is personally responsible for password and account security on the site and third-party sites. The Company cannot be held responsible for data losses, security breaches, or damage to hardware and devices that may occur from unauthorized access to your account.

6. FORCE MAJEURE

If the obligations arising from the contract become impossible for the parties to perform due to reasons beyond the control of the parties; such as natural disasters, fire, explosions, acts of God, war, riots, mobilization, strikes, lockouts, epidemics, infrastructure and internet failures, or power outages (hereinafter referred to together as "Force Majeure"), the parties are not responsible for non-performance. During this period, the rights and obligations of the Parties arising from this Agreement are suspended.

7. SEVERABILITY

If any provision of this Agreement is found to be unenforceable or invalid under any applicable law, such invalidity shall not render this Agreement unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

8. AMENDMENTS TO THE AGREEMENT

The Company reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. It is the User's responsibility to review these Terms periodically. Continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

9. NOTIFICATION

All notifications to be sent to the parties regarding this Agreement will be made via the Company's known email address and the email address specified by the user in the membership form. The User agrees that the email address provided is the valid notification address.

10. ELECTRONIC RECORDS AND EVIDENCE

In the event of a dispute, the Parties agree that the Company's electronic records, server logs, and data backups shall be deemed admissible evidence in legal proceedings, and the User waives any objection to the admissibility of such records based on the fact that they are in electronic form.

11. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Bernalillo County, New Mexico, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.