1. Acceptance of Terms:
By accessing and using the Amocat Inc. website (theAmocat.com), you ("User" or "you") agree to be bound by these Terms and Conditions ("T&C"). If you do not agree with any part of these T&C, you must not use the Website. Amocat Inc. ("Amocat," "we," "us," or "our") reserves the right to modify these T&C at any time without prior notice. Your continued use of the Website following any changes constitutes your acceptance of those changes.
2. Use of the Website:
- Eligibility: You must be at least 18 years old to use this Website, or have the consent of a legal guardian.
- Permitted Use: You may use the Website for lawful purposes only. You must not use the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website.
- Prohibited Use: You agree not to:
- Use the Website to transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically, or otherwise objectionable material of any kind.
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
- Upload or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website, through hacking, password mining, or any other means.
- Collect or store personal data about other users without their express consent.
- Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Website or any content available on the Website.
3. Intellectual Property:
- The Website and its content, including but not limited to text, graphics, logos, images, software, and other materials, are the property of Amocat Inc. or its licensors and are protected by copyright, trademark, and other intellectual property laws.
- You may not reproduce, distribute, modify, display, perform, or use any content from the Website without the express written permission of Amocat Inc.
4. User Content:
- If you submit any content to the Website, including comments, reviews, or other materials ("User Content"), you grant Amocat Inc. a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
- You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Amocat Inc. to use all User Content submitted by you.
- You are solely responsible for your own user content, and the consequences of posting or publishing it.
5. Disclaimer of Warranties:
- The Website is provided "as is" and "as available" without any warranties of any kind, either express or implied.
- Amocat Inc. disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Amocat Inc. does not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
6. Limitation of Liability:
- In no event shall Amocat Inc. be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website, whether based on contract, tort, strict liability, or any other legal theory, even if Amocat Inc. has been advised of the possibility of such damages.
- Amocat Inc's total liability, for any reason, will not exceed the total amount paid by the user to Amocat Inc.
7. Links to Third-Party Websites:
- The Website may contain links to third-party websites. These links are provided for your convenience only, and Amocat Inc. does not endorse or control the content of these websites.
- Amocat Inc. is not responsible for the content or accuracy of any third-party websites linked to the Website.
8. Indemnification:
- You agree to indemnify and hold Amocat Inc. harmless from any claims, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Website or your violation of these T&C.
9. Governing Law:
- These T&C shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
10. Dispute Resolution:
- Any dispute arising out of or relating to these T&C or the Website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, or other mutually agreed upon arbitration service. The arbitration shall take place in McAllen, Texas.
11. Severability:
- If any provision of these T&C is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12. Entire Agreement:
- These T&C constitute the entire agreement between you and Amocat Inc. with respect to your use of the Website.
13. Contact Information:
- If you have any questions about these T&C, please contact us at: [Contact@theAmocat.com] or write to us at [813 N. Main St. STE 602, McAllen, Texas, 78501].