Agreement between User and Amtec Solutions Group, Inc.
Welcome to minitecsolutions.com. The minitecsolutions.com website (the “Site”) is comprised of various web pages owned and operated by Amtec Solutions Group, Inc. (“ASG”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Site offers information about the MiniTec Profile System and our products and services related to the system. Also, the Site has a webstore offering certain MiniTec system components as well as other products and services.
Privacy
Your use of the Site is subject to its Privacy Policy. Please review the Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you further agree all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ASG is not responsible for third party access to your account that results from theft or misappropriation of your account. ASG and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. We request that you notify us immediately of any breach of security or unauthorized use of your account.
Shipping Terms
All shipments are made FOB (Freight on Board) Origin.
Order Cancellation & Returns
Orders placed using the Site may be cancelled within 24 hours unless order has been shipped.
Return requests must be received within thirty (30) days of the order. Returns are subject to a 20% restocking fee which will be deducted from the refund of the purchase price. Shipping and handling charges are not refundable. Once a return request has been approved, we will contact you with an RMA number and shipping instructions. You are responsible for return shipping charges and for any loss or damage during shipment. We do not guarantee we will receive your returned item. Any item delivered to us without an approved RMA number will be rejected. Returns must be in the original packaging and in new condition. Once we have verified the condition of the returned item(s) a refund will be approved. Customized items are not returnable and are nonrefundable.
We will exchange or refund the purchase price of a defective item. If you believe that you have received a defective item, please contact us as soon as possible and let us know if you desire a replacement or refund. We will, in our sole discretion, issue an RMA number along with shipping instructions for items that may be defective. Upon receipt of the potentially defective product, we will fully examine it and notify you if we agree the item is defective or not. If the item is determined to be defective, we will ship your replacement free of charge or process your refund. Shipping and handling charges are not refundable.
Shipments Not in Accordance with Distributorship Agreements
ASG is an authorized distributor of the MiniTec Profile System who’s components are offered for sale via the Site. Pursuant to any distributorship agreement, ASG may not be authorized to sell in certain states or other areas. Should fulfillment of any order place ASG in violation of a distributorship agreement, ASG may contact the customer (user) and politely decline the order. ASG may refer the customer (user) to an authorized distributor in that territory. We regret any inconvenience this may cause.
Typographical Errors
While every effort is made to ensure that the information presented on the site is free from errors, we cannot guarantee that errors are not present or will not be present as a result of future edits. We will not be liable for any such error and apologize in advance for any inconvenience this may cause.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association/affiliation with its operators. You agree that ASG shall not shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
We strongly advice you to read the terms and conditions and privacy policies of any third party websites or services you utilize.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site in accordance with these terms of use. As a condition of your use of the Site, you warrant to ASG that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ASG or its lawful owner and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ASG content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ASG and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ASG or our licensors except as expressly authorized by these Terms.
International Users
The Site is controlled and administered by ASG from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ASG Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless ASG, its officers, directors, employees, agents and third parties (including those of ASG’s affiliates), for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site, products, services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ASG reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ASG in asserting any available defenses.
Liability Disclaimer
Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AMTEC SOLUTIONS GROUP, INC., IT’S AFFILIATES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AMTEC SOLUTIONS GROUP, INC., IT’S AFFILIATES, AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AMTEC SOLUTIONS GROUP, INC., IT’S AFFILIATES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMTEC SOLUTIONS GROUP, INC., IT’S AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AMTEC SOLUTIONS GROUP, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
It is up to the buyer to determine the fitness of any product or combination of products for a particular purpose. The buyer is also solely responsible for ensuring the safety and well-being of people and property with regards to the use of any product or combination of products and services found on the Site or purchased from us directly or through the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of this agreement or your use of the Site.
Termination/access restriction
We reserve the right, at our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
Governing Law
To the maximum extent permitted by law, this agreement shall be governed by the laws of the State of Alabama without regard to its conflict of law provisions and you hereby consent to the exclusive jurisdiction and venue of courts in Madison County, Alabama in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Waiver/Severability
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes to Terms
ASG reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. ASG encourages you to periodically review the Terms to stay informed of our updates.
Entire Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ASG with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ASG with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Contact Information
ASG welcomes your questions or comments regarding these Terms and Conditions:
Amtec Solutions Group, Inc.
ATTN: General Manager
4808 Bradford Drive
Huntsville, Alabama 35805
Effective as of January 1, 2019