AMS Terms Of Use

Use of the American Marketing Solutions website signifies your agreement to these Terms of Use.  Please read these Terms of Use carefully before using this site.  By using this site, you signify your assent to these Terms of Use.  If you do not agree to these Terms of Use, please do not use the site.

These Terms of Use apply only to the American Marketing Solutions website at http://www.American-Marketing-Solutions.com (“Site”).  This Site is owned and operated by American Marketing Solutions (“AMS”) and should not be confused with any other website whether or not the words “American Marketing Solutions” appear as part of the domain name or branding.  You are advised to check each page you visit on or from this website to determine whether or not you may have moved onto a third party site.

Site Security for the American Marketing Solutions Website

You are prohibited from violating, or attempting to violate, the security of this website.  Any such violations may result in criminal and/or civil penalties against you.  American Marketing Solutions will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.  Violations of the security of the AMS website include without limitation:

• logging into or attempting to log into a server or account that you are not authorized to access;
• accessing data or taking any action to obtain data, information or services not intended for you or your use;
• probing, scanning or testing the vulnerability of any system or network, or attempting to do so;
• tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
• transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer’s functionality or the operation of the Site;
• interfering with service to, or engaging in any denial of service attack of, the website, any user, host or network including, without limitation by means of overburdening or “flooding,” any computer system.

Other Prohibited Activity

In using this website, you must not:

• post, send or otherwise transmit to or through the website any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that American Marketing Solutions in its sole discretion does not wish posted or transmitted on or through the website;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
• misrepresent your identity or affiliation in any way;
• engage in deceptive online marketing;
• violate any applicable laws or regulations; or
• assist or permit any persons in engaging in any of the activities described above.

User Submissions

You must exercise caution, good sense and sound judgment in using this website.  You are solely responsible for any material you place on or transmit to or through it.  You agree, represent and warrant that any information you post to or transmit through this website is truthful, accurate, complete, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

Unsolicited Ideas

American Marketing Solutions does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes.  You must not transmit any material or information to or through this website that are confidential or proprietary.  Any material or information that you transmit to or through this website will be considered non-confidential and non-proprietary.  This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas.  Except as expressly provided in the  American Marketing Solutions Privacy Statement or separate written agreement between you and American Marketing Solutions, you give American Marketing Solutions an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, display, publicly perform, communicate, transit and distribute such material and information at our sole discretion.  You further agree that American Marketing Solutions has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this website.

Copyright

All content included on this website, such as text, graphics, logos, buttons, icons, images, video clips, audio clips and software, is the property of American Marketing Solutions, its content suppliers or vendors and is protected by the laws of the country applicable in each specific context and international copyright laws.  The compilation, (collection, arrangement and assembly) of all content on this website is the exclusive property of American Marketing Solutions and is protected by the laws of the country applicable in each specific context and international copyright laws. No material from this website may be copied, reproduced, republished, modified, adapted, uploaded, posted, transmitted, or distributed in any way without prior written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.  Modification of the materials or use of the materials for any other purpose whatsoever is a violation of American Marketing Solutions’ copyright and other proprietary rights.  Prior written permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page on this website except the “home page” (http://american-marketing-solutions.com), or framing of any part of this website on another website, must be obtained from American Marketing Solutions in advance.  Requests for such authorization should be sent via the form in the “Contact” section of our website.  For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to American Marketing Solutions.

All software used or made available on this website is the property of American Marketing Solutions or its software suppliers and is protected by the laws of the country applicable in each specific context and international copyright laws.  In the event that you are permitted by American Marketing Solutions to download and you download software from the website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by American Marketing Solutions subject to any terms of use accompanying the Software.  American Marketing Solutions does not transfer title to the Software to you.  You may own the medium on which the Software is recorded, but American Marketing Solutions retains full and complete title to the Software, and all intellectual property rights therein.  You may not redistribute, sell, modify, adapt, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and on giving American Marketing Solutions prior written notice of such activities.

American Marketing Solutions Trademarks

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to American Marketing Solutions or to other companies where so indicated.  You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

Links to Other Websites

As you view this website, you will notice links to other non-American Marketing Solutions websites.  These links are provided for your convenience only.  Some of these linked websites may make use of American Marketing Solutions proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from American Marketing Solutions.  American Marketing Solutions is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third party website or for any products or services offered by such third party website.  In addition, providing links to these sites should not be interpreted as endorsement or approval by American Marketing Solutions of the organizations sponsoring the sites or their products or services, unless specifically stated as such on the page where the link is posted.

For your convenience, this website contains links to other websites, including some sites administered by American Marketing Solutions or administered by other companies on behalf of American Marketing Solutions, as well as to sites unrelated to American Marketing Solutions.  These Terms of Use do not apply to these linked websites.  Each website should be checked for its own Terms of Use.

Jurisdictional Issues

This website is controlled and operated by American Marketing Solutions from its offices.  American Marketing Solutions makes no representation that materials in the site are appropriate or available for use in other locations.  Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Access to this website from jurisdictions where the contents of this website are illegal or penalized is prohibited.  Software from this website is further subject to export controls of the United States of America.  No information or software from this website may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders.  By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Changes & Discontinuance

American Marketing Solutions as owner of this website may at any time without notice change, discontinue or remove any part or all of this website, or discontinue access in respect of one or more geographical regions or terminate any one or more user’s access to this website.

Disclaimer

The materials in this website are provided “as is” and without warranties of any kind either express or implied, unless specifically stated otherwise on the page of this website from which the materials are provided.  To the fullest extent permissible pursuant to applicable law, American Marketing Solutions disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose.

American Marketing Solutions does not warrant that access to this webste or to the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.  American Marketing Solutions does not make any representations or warranties regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise.  Applicable law may not allow the exclusion of some or all implied warranties, so to the extent that such laws are applicable, part or all of the above exclusions may not apply to you.

Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall American Marketing Solutions be liable for any compensatory, punitive, indirect, special or consequential damages that result from the use of, or the inability to use, the materials in this website, even if American Marketing Solutions or an authorized representative of American Marketing Solutions has been advised of the possibility of such damages.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you.  In no event shall American Marketing Solutions’ total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to American Marketing Solutions, if any, for using this website.

Indemnity

You agree to indemnify, defend and hold American Marketing Solutions, its affiliates and any of its and their owners, stockholders, directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities in connection with this Site.

Disclosure; Products & Forward-Looking Statements

This website contains information on products and services of American Marketing Solutions and its related entities.  While American Marketing Solutions tries to ensure that all information on this website is accurate and current at the time of posting, all information on American Marketing Solutions’ products and services on this website should not be relied on as definitive, final, current or complete, and you agree to contact American Marketing Solutions directly for more detailed and updated information on its products and services instead of placing any reliance on any product or service information on this website.

The information and data contained in this Site are of a general nature which have not been verified, considered or assessed by American Marketing Solutions in relation to the making of any specific investment, business or commercial decision.  You should at all times consult your professional advisers and obtain independent verification of the information and data contained herein before making any decision based on any such information or data.

This website contains forward-looking statements about future events and the future financial performance of American Marketing Solutions.  These statements are based on management’s current expectations, estimates and projections; are not guarantees of future performance; and are subject to certain risks, uncertainties and other factors, some of which are beyond our control and are difficult to predict.  Actual results may differ significantly from results discussed in the forward-looking statements. You should not place undue reliance on these forward-looking statements.  For a detailed listing of the potential factors affecting American Marketing Solutions’ business and these forward-looking statements, please refer to our periodic reports on Forms 10-Q and 10-K that are filed with the Securities and Exchange Commission at the point that American Marketing Solutions is required to do so.  Unless legally required, American Marketing Solutions undertakes no obligation to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise.

Nothing in this website is to be considered or construed as an offer or solicitation to sell, buy, give, take, issue, allot or transfer, or as the giving of any advice in respect of, shares, stocks, bonds, commodities, notes, interests, unit trusts, mutual funds or other securities, investments, loans, advances, credits or deposits in any jurisdiction.

Others

As used throughout this Site, the term “American Marketing Solutions” and such terms as “the company,” “the corporation,” “our,” “we” and “us” may refer to one or more or all of American Marketing Solutions and/or American Enterprises and/or any of the other divisions of American Enterprises.  All of these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, each of which manages its own affairs.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas in the United States of America, without giving effect to any principles of conflicts of law.  By using this website you submit to the non-exclusive jurisdiction of the courts of the State of Texas in the United States of America.  If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.

Changes to Terms of Use

American Marketing Solutions may revise these Terms of Use at any time without notice.  Although American Marketing Solutions will endeavor to highlight any changes to these Terms of Use, you should revisit this website periodically to make sure you are aware of the most recent terms, because they will be binding on you.  Your use of the American Marketing Solutions website after such changes constitutes your agreement to such changes.

If you have any questions or complaints regarding these Terms of Use, or any other aspect of this website or our products, services or other offerings, please use the form in the “Contact”  section of this website, and we will endeavor to respond to you promptly.