Website Terms of Use
Effective day October 1, 2018
Section 1. Acceptance of Terms
AMZ Advisers, LLC and its affiliates and subsidiaries (“AMZ Advisers” or “us” or “we”)
welcome you to our Site!
The “Site” means www.amzadvisers.com any successor URLs, mobile or localized
versions and related sub-domains, in whatever format they may be offered now or in
the future. Through the Site, we may provide you with general information regarding our
company, products and services.
By using or accessing any part of the Site, you are agreeing to these Website Terms of
Use (“Terms”), our
Privacy Policyand all other policies or notices posted by us on our
Site. Portions of the Site may be accompanied by additional terms which apply to
specific features or areas of the Site. Those additional terms supplement these Terms
with respect to your use of those features or areas. These Terms may change over time,
so whenever you visit or use this Site, you agree to the version of these Terms then
posted. If you don’t agree to these Terms, don’t use the Site.
THESE TERMS CONTAIN MANDATORY ARBITRATION PROVISIONS THAT REQUIRE
THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
PLEASE READ THEM CAREFULLY.
Section 2. Permission to Use the Site
You have our permission to use the Site, but only if:
● you are using the Site for informational and internal business purposes (personally or on behalf of your company); and
● you follow all the rules and restrictions we’ve spelled out in these Terms.
● you are using the Site for informational and internal business purposes (personally or on behalf of your company); and
● you follow all the rules and restrictions we’ve spelled out in these Terms.
Section 3. User Content
You are solely responsible for any User Content you post to the Site, and the
consequences of posting or publishing it. By “User Content”, we mean any Content a user posts to the Site, including comments or posts made via third party
services. “Content” means information, data, text, software, music, sound, photos,graphics, videos, messages, tags, interactive features, or any other materials. When we say “post”, we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Site.
Section 4. Restrictions on User Content and
Your Conduct
You may not post any User Content in violation of the AMZ Advisers Acceptable Use
Policy. We have the sole right, but not necessarily the obligation, to delete or edit at
any time any User Content that violates these rules or that we believe to be
inappropriate for any reason.
Section 5. Intellectual Property Rights in User
Content
If you post User Content, you are making a guarantee to us that you either own all the
User Content you are posting, or you have the right to post the User Content.
Furthermore, you are guaranteeing that you have the right to allow us to make your
User Content available for others to view and use as part of the Site without requiring
that any such use be subject to additional obligations or terms. If you do not have these
rights, do not post your User Content. By posting your User Content, you do not lose
any ownership rights you may have to it. However, you do grant us a worldwide, non-
exclusive, royalty-free, fully-paid, sublicensable and transferable license to use,
reproduce, distribute, prepare derivative works of, and publicly display and perform
your User Content in connection with the Site and our business, in any media formats or
in tangible form and through any media channels now known or hereinafter developed.
You also agree to sharing and use of your User Content by other users as set forth in these terms.
You also agree to sharing and use of your User Content by other users as set forth in these terms.
Section 6. User Content You Post Becomes
Public
You understand that once you post your User Content, your User Content becomes
public. We are not responsible for keeping any User Content confidential. So, if you
don’t want the whole world to see it, don’t post it on the Site.
In addition, we may share your User Content with third parties if we have a good faith belief that access, use, preservation or disclosure of your User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of AMZ Advisers, its users or the public as required or permitted by law.
In addition, we may share your User Content with third parties if we have a good faith belief that access, use, preservation or disclosure of your User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of AMZ Advisers, its users or the public as required or permitted by law.
Section 7. We Are Not Responsible for User
Content
We generally do not monitor or review any User Content. We do not endorse any User
Content or support any views, opinions, recommendations, or advice that may be in
User Content. User Content comes from a variety of sources, and we make no promises
about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see
on the Site. You may find some of it to be inaccurate, offensive, indecent, or
objectionable. However, as further set forth below, you agree not to hold us responsible in any way for your use of our Site, including your exposure to User Content.
In addition, we are not a content-archiving service. We do not promise to store or make available on our Site any User Content that you post, or any other Content, for any length of time. You are solely responsible for keeping back-ups of everything you post on our Site.
In addition, we are not a content-archiving service. We do not promise to store or make available on our Site any User Content that you post, or any other Content, for any length of time. You are solely responsible for keeping back-ups of everything you post on our Site.
Section 8. Proprietary Rights
The Site contains proprietary and confidential information that is protected by
applicable intellectual property and other laws and AMZ Advisers and its suppliers
retain all right, title and interest (including all copyright, trade secret, patent and other
rights) in and to the Site and Content which is included in the Site (other than User
Content). If you give feedback regarding the Site, for example recommendations for
improvements or features, we have the right to use the feedback in any way and
implementation of that feedback is owned by us and may become part of the Site
without compensation to you. We reserve all rights in and to the Site unless we
expressly state otherwise. We also reserve the right to make changes or updates to the
Site or Content provided on or through the Site at any time without notice and we will
own any such changes or updates (excluding User Content).
You may not:
1. decompile, reverse engineer or disassemble any object code which is part of or made available through the Site into a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance;
2. copy, frameset, enclose or otherwise sell, distribute, transmit or broadcast any part of the Site;
3. modify or create any derivative work of any part of the Site;
4. disable, interfere, or try to get around any of the features of the Site related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Site or the Content on the Site; or
5. use, export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
All brand, product and service images, logos and names used in the Site that identify AMZ Advisers, our suppliers or our customers and our or their proprietary products and services are the trademarks or service marks of AMZ Advisers, our suppliers or our customers. Nothing in this Site shall be deemed to confer on any person any license or right on the part of AMZ Advisers or such supplier with respect to any such image, logo or name.
You may not:
1. decompile, reverse engineer or disassemble any object code which is part of or made available through the Site into a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance;
2. copy, frameset, enclose or otherwise sell, distribute, transmit or broadcast any part of the Site;
3. modify or create any derivative work of any part of the Site;
4. disable, interfere, or try to get around any of the features of the Site related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Site or the Content on the Site; or
5. use, export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
All brand, product and service images, logos and names used in the Site that identify AMZ Advisers, our suppliers or our customers and our or their proprietary products and services are the trademarks or service marks of AMZ Advisers, our suppliers or our customers. Nothing in this Site shall be deemed to confer on any person any license or right on the part of AMZ Advisers or such supplier with respect to any such image, logo or name.
Section 9. Enforcement of Copyrights
We respect the intellectual property rights of others. You may not use our Site to
infringe anyone else’s copyright or other intellectual property right. If we find out that
you are infringing, we may remove your User Content. We do not have to give you
notice that we are removing your User Content. In addition to our other rights and
remedies, we may also terminate your account if we determine that you are a repeat
copyright infringer. We consider a repeat infringer to be a user who has been notified of
infringing activity more than twice or who has had their User Content removed from our
Site more than twice.
Section 10. Notify Us of Infringers
If you believe that something on our Site violates your copyright, notify us by email.
Emails should be directed to [email protected]:
In order for us to take action, your notice must include the following:
1. your physical or electronic signature;
2. a description of the copyrighted work that you believe is being infringed;
3. a description of the item on our Site that you think is infringing your work and
sufficient information about where the material is located on our Site (including
the URL) so that we can find it;
4. a way to contact you, such as your address, telephone number, or e-mail;
5. a statement that you believe in good faith that the item you have identified as
infringing is not authorized by the copyright owner, its agent, or the law to be
used on our Site; and
6. a statement that the information you provide in your notice is accurate, and that
(under penalty of perjury), you are authorized to act on behalf of the copyright
owner whose work is being infringed.
Again, we cannot take action unless you give us all the required information.
Section 11. How to Communicate with Us
Only notices about copyright infringement should go to our copyright agent. If you have
anything else to communicate with us (like feedback, comments, or requests for
technical support), you should contact us at [email protected]
Section 12. Site Availability
You acknowledge that temporary interruptions in the availability of the Site may occur
from time to time as normal events. Also, we may decide to cease making available the
Site or any portion of the Site at any time and for any reason. Under no circumstances
will Company or its suppliers be held liable for any damages due to such interruptions
or lack of availability.
Section 13. Links to Other Sites
Our Site may contain links to other websites that we don’t own or control. We are not
responsible for any of these other websites. You will not hold us responsible for any
aspect of these other websites, including their content, privacy policies, or anything
else. You may be exposed to things on other websites that you don’t like or that you
find offensive. We are not responsible for this, either. You must use your own discretion
when you go to other websites. You should also read the terms and conditions and
privacy policies of these other websites.
Section 14. Warranty Disclaimer
USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING OUR CONTENT) IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AMZ ADVISERS AND ITS
AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
AMZ ADVISERS AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT AMZ ADVISERS WILL FIX ANY ERRORS; OR (iii) ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE. ANY MATERIALS OBTAINED THROUGH USE OF THE SITE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND AMZ ADVISERS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SITE OR ANY CONTENT OBTAINED FROM THE SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
AMZ ADVISERS AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT AMZ ADVISERS WILL FIX ANY ERRORS; OR (iii) ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE. ANY MATERIALS OBTAINED THROUGH USE OF THE SITE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND AMZ ADVISERS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SITE OR ANY CONTENT OBTAINED FROM THE SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
Section 15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, AMZ ADVISERS AND ITS
AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS HAVE NO OBLIGATION OR
LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES
(INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT)
ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR ANY CONTENT
PROVIDED BY OR THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LIABILITIES IN ADVANCE. THE FOREGOING
LIMITATION APPLIES TO DAMAGES AND LIABILITIES ARISING FROM: (I) YOUR USE OR
INABILITY TO USE OUR SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR USER CONTENT; (III) THIRD PARTY CONTENT MADE AVAILABLE TO YOU
THROUGH THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AMZ ADVISERS’S LIABILITY AND THE LIABILITY OF EACH OF ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS TO YOU OR ANY THIRD PARTIES UNDER [ANY CIRCUMSTANCES RELATING TO YOUR ACCESS TO THE SITE OR OTHER ACTIVITIES GOVERNED BY] THESE TERMS IS LIMITED TO A MAXIMUM AMOUNT OF ONE HUNDRED DOLLARS (USD$100).
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AMZ ADVISERS’S LIABILITY AND THE LIABILITY OF EACH OF ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS TO YOU OR ANY THIRD PARTIES UNDER [ANY CIRCUMSTANCES RELATING TO YOUR ACCESS TO THE SITE OR OTHER ACTIVITIES GOVERNED BY] THESE TERMS IS LIMITED TO A MAXIMUM AMOUNT OF ONE HUNDRED DOLLARS (USD$100).
Section 16. Indemnity
You agree to indemnify, defend (if we so request) and hold harmless AMZ Advisers and
its affiliates, suppliers, partners and agents from and against any claim, demand, losses,
damages or expenses (including reasonable attorney’s fees) arising from your User
Content, your use of the Site, your connection to the Site, your violation of these Terms
or your violation of any rights of any third party. Your indemnification obligation will
survive the termination of these Terms and your use of the Site.
Section 17. Termination and Suspension
We may terminate or suspend your permission to use the Site immediately and without
notice upon any violation of these Terms, upon the request of law enforcement or
government agencies, for extended periods of inactivity, for unexpected technical
issues or problems or for engagement by you in fraudulent or illegal activities. Upon any
termination we may delete your User Content and we may bar you from further use of
the Site. You understand that we may also continue to make your User Content
available on the Site even if your use of the Site is terminated or suspended. You agree
that we will have no liability to you or any third party for termination of your User
Content or access to the Site.
Section 18. Governing Law and Dispute
Resolution
1. Direct Dispute Resolution. In the event of any dispute, claim, question, or
disagreement arising from or relating to these Terms, whether arising in contract,
tort or otherwise, (“Dispute”), the parties shall first use their best efforts to
resolve the Dispute. If a Dispute arises, the complaining party shall provide
written notice to the other party in a document specifically entitled “Initial Notice
of Dispute,” specifically setting forth the precise nature of the dispute (“Initial
Notice of Dispute”). If an Initial Notice of Dispute is being sent to AMZ Advisers it
must be emailed to [email protected] and sent via mail to:
Attn: Legal Department
AMZ Advisers, Inc.
199 Main St.
New Canaan, CT 06840
AMZ Advisers, Inc.
199 Main St.
New Canaan, CT 06840
YOU AGREE THAT IF YOU WANT TO RESOLVE A DISPUTE WITH AMZ ADVISERS, YOU
MUST SEND AN INITIAL NOTICE OF DISPUTE WITHIN ONE (1) YEAR AFTER THE EVENT
THAT GAVE RISE TO THE DISPUTE. OTHERWISE, YOUR DISPUTE WILL BE
PERMANENTLY BARRED.
Following receipt of the Initial Notice of Dispute, the parties shall consult and negotiate
with each other in good faith and, recognizing their mutual interest, attempt to reach a
just and equitable solution of the Dispute that is satisfactory to both parties (“Direct
Dispute Resolution”). If the parties are unable to reach a resolution of the Dispute
through Direct Dispute Resolution within thirty (30) days of the receipt of the Initial Notice of Dispute, then the Dispute shall subsequently be resolved by arbitration as set
forth below.
1. Arbitration. IN THE EVENT THAT A DISPUTE BETWEEN THE PARTIES CANNOT
BE SETTLED THROUGH DIRECT DISPUTE RESOLUTION, AS DESCRIBED ABOVE,
THE PARTIES AGREE TO SUBMIT THE DISPUTE TO BINDING ARBITRATION. BY
AGREEING TO ARBITRATE, THE PARTIES AGREE TO WAIVE THEIR RIGHT TO A
JURY TRIAL.
All aspects of the arbitration shall be treated as confidential and neither the parties nor
the arbitrators may disclose the content or results of the arbitration, except as
necessary to comply with legal or regulatory requirements. The result of the arbitration
shall be binding on the parties and judgment on the arbitrator’s award may be entered
in any court having jurisdiction. The arbitrator shall award to the prevailing party, if any,
the costs and attorneys’ fees reasonably incurred by the prevailing party in connection
with the arbitration.
1. Choice of Law and Jurisdiction. FOR ANY CLAIM WHICH IS NOT SUBJECT TO
THIS DISPUTE RESOLUTION PROVISION, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN
ATHENS-CLARKE COUNTY, GEORGIA. IN ANY DISPUTE, GEORGIA LAW SHALL APPLY.
2. Construction and Joinder. THESE TERMS MUST BE CONSTRUED AS IF THEY WERE JOINTLY WRITTEN BY BOTH PARTIES. BOTH YOU AND AMZ ADVISERS AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN THE EVENT OF ANY DISPUTE CONCERNING THE VALIDITY OR ENFORCEABILITY OF THIS PROVISION, SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.
3. Injunctive Relief. Notwithstanding the above provisions, AMZ Advisers may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
2. Construction and Joinder. THESE TERMS MUST BE CONSTRUED AS IF THEY WERE JOINTLY WRITTEN BY BOTH PARTIES. BOTH YOU AND AMZ ADVISERS AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN THE EVENT OF ANY DISPUTE CONCERNING THE VALIDITY OR ENFORCEABILITY OF THIS PROVISION, SUCH CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.
3. Injunctive Relief. Notwithstanding the above provisions, AMZ Advisers may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Section 19. General Terms
These Terms, together with our Privacy Policy and any other notices or policies we have
published on the Site (and additional terms for specific features or areas, as applicable),
constitute the entire agreement between you and us regarding this Site. If a court
having proper authority decides that any portion of these Terms is invalid, only the part
that is invalid will not apply. The rest of these Terms will still be in effect. If we waive any
of our rights under these Terms in any particular instance, it does not mean that we are
waiving our rights generally or in the future. Furthermore, just because we may not
enforce all our rights all of the time, it does not mean that we are waiving our rights. We
may decide to enforce them at a later date. These Terms, and any rights and licenses
granted under these Terms, may not be transferred or assigned by you except as
expressly set forth herein, but may be assigned by us without restriction. We won’t be
liable to you for any delay or failure to perform any obligation we have under these
Terms if the delay or failure is due to events which are beyond our reasonable control,
including but not limited to any strike, blockade, war, act of terrorism, riot, natural
disaster, failure or diminishment of power or of telecommunications or data networks or
services, or refusal of approval or a license by a government agency.