Terms Of Use For AMain Performance Sports & Hobbies

PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THESE TERMS OF USE.

1. DEFINITIONS

A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Sites. The terms “you” and “your” refer to you, as a user of the Sites. The terms “we,” “us,” “our,” or “AMain” refer to AMain.com, Inc., a California corporation, doing business as AMain Performance Sports & Hobbies.

“Content” means all of the text, images, photos, audio, video, and all other forms of data or communication that we display on or make available through our Sites (as defined below). “User Content” means Content that you submit or transmit to or through the Sites, such as reviews, compliments, invitations, advice, and information that you display. “AMain Content” means Content that we create and make available on the Sites. “Third Party Content” means Content that is made available on the Sites by parties other than AMain or its users, such as data providers who license data to AMain for use on the Sites.

2. BINDING EFFECT. This is a binding agreement. By using the Internet sites located at http://www.AMainHobbies.com, http://www.HeliProz.com or http://www.AMainCycling.com (the “Sites”) or any service we offer via the Sites (the “Services”), you agree to abide by these Terms of Use, as they may be amended by AMain from time to time in its sole discretion. AMain will post a notice on the Sites any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Sites and cease all use of the Sites or Services. 

By using one or more of our Sites you promise that you are at least 18 years of age. If you are not yet 18 years old (a “Minor”), you must have the permission of an adult to use our Sites and agree to these Terms, and that adult must be a parent or legal guardian who is willing be responsible for your use of the Sites. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold AMain harmless if the Minor breaches any of these Terms.

3. PRIVACY POLICY. AMain respects your privacy and permits you to control the treatment of your personal information. A complete statement of AMain’s current privacy policy can be found by clicking here.  AMain’s privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to use or access the Sites or to purchase goods or products via the Sites, you must complete the account registration process by providing the complete and accurate information requested on the My Account Information page. You will be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account or password of someone else at any time. You agree to notify AMain immediately of any unauthorized use of your account or password. AMain shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by AMain, its affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of your account or password.

4. GENERAL USE. In these Terms of Use we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the Content; your right to use the Content is conditioned on your compliance with these Terms of Use. You have no other rights in our Sites, Services or any Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this website or Content in any manner. If you make copies of any of a Site or any Content then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Site. 

When accessing or using the Sites, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Sites is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights.

Unfortunately, if you breach any of these Terms of Use the above license will terminate automatically and you must immediately destroy any downloaded or printed Content (and any copies thereof).

5. LICENSE OF SOFTWARE. AMain may make certain software available to you from the Sites. If you download such software from the Sites, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by AMain, for your personal and noncommercial use only. AMain does not transfer either the title or the intellectual property rights to the Software, and AMain retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.

6. USER CONTENT. You grant AMain a license to use the materials you post to the Sites. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Sites, you are granting AMain, its affiliates, officers, directors, employees, consultants, agents, and representatives an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

  • Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
  • Use (and permit others to use) your User Content in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Content or any modification thereto, in whole or in part, into any technology, product, or service);
  • Display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.

You will not be compensated for any User Content. You agree that AMain may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Sites, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content, and that you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content.

You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.

7. PROHIBITED CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:

(7.1) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;

(7.2) is, or may reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;

(7.3) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

(7.4) solicits or is designed to solicit personal information from or about any minor;

(7.5) contains information that poses or creates a privacy or security risk to any person;

(7.6) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

(7.7) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

(7.8) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

(7.9) solicits or is designed to solicit passwords or personal identifying information from other Users;

(7.10) involves commercial activities and/or sales without prior written consent from AMain;

(7.11) is known by you to be false, inaccurate, or misleading

(7.12) includes a photograph or video of another person that you have posted without that person’s consent; or

(7.12) violates or attempts to violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person.

AMain reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Sites or Services, and, if applicable, to delete any such material from its servers. AMain intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

8. PROHIBITED CONDUCT. When using the Sites and Services, you agree to abide by common standards of decency and act in accordance with the law. For example (and not by way of limitation, when using the Sites and Services you agree not to engaging in the following activities:

(8.1) threatening, stalking, defrauding another person, or inciting, harassing, or advocating the harassment of another person, or otherwise interfering with another user’s use of the Sites;

(8.2) using the Sites in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;

(8.3) using the Sites to promote bigotry or discrimination;

(8.4) using the Sites to solicit personal information from minors or to harm or threaten to cause harm to minors;

(8.5) using the site for commercial or promotional purposes, advertising or otherwise solicits funds or is a solicitation for goods or services, displaying an unauthorized commercial advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Sites or Service on behalf of that person, such as placing commercial content in a product review, placing links to e-commerce sites not authorized by AMain in a product review, placing links to blogs with a commercial purpose, or otherwise attempting to post messages or advertisements with a commercial purpose;

(8.6) engaging in criminal or tortious activity, including, but not limited to, fraud, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, or theft of trade secrets;

(8.7) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;

(8.8) attempting to probe, scan, or test the vulnerability of the Sites or any associated system or network, or to breach security or authentication measures without proper authorization, including circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Sites or Service;

(8.9) interfering or attempting to interfere with service to any User, host, or network, including, without limitation, by means of submitting a virus to the Sites, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”

(8.10) using the Sites to send unsolicited e-mails, including, without limitation, promotions, or advertisements for products or services;

(8.11) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting;

(8.12) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by AMain in providing the Sites;

(8.13) using the Sites for keyword spamming or to otherwise attempt to manipulate natural search results;

(8.14) recording, processing, or mining information about other users;

(8.15) using any viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network, or using any other automated system in order to harvest e-mail addresses or other data from the Sites or Service for the purposes of sending unsolicited or unauthorized material;

(8.16) modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the AMain Services other than your User Content which you legally post on, through or in connection with your use of the Sites;

(8.17) providing or using “tracking” or monitoring functionality in connection with the Sites or Service, including, without limitation, to identify other Users’ views, actions or other activities on the Sites;

(8.18) interfering with, disrupting, or creating an undue burden on the AMain’s Sites or the networks or services connected to the AMain’s Sites;

(8.19) impersonating or attempting to impersonate AMain or a AMain employee, administrator or moderator, another User, or person or entity (including, without limitation, the use of e-mail addresses associated with or of any of the foregoing);

(8.20) using or distributing any information obtained from AMain’s Sites in order to harass, abuse, or harm another person or entity, or attempting to do the same;

(8.21) using invalid or forged headers to disguise the origin of any Content transmitted to or through AMain’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;

(8.22) engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or

(8.23) using the Sites in a manner inconsistent with any and all applicable laws and regulations.

9. ALLEGED VIOLATIONS. AMain reserves the right to terminate your use of the Sites and Services, and, in its sole discretion, to reject, to refuse to post, or to delete any Content on the Sites for any reason. To ensure that AMain provides a high quality experience for you and for other Users of the Sites, you agree that AMain or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other prohibited uses of the Sites. AMain does not intend to disclose the existence or occurrence of such an investigation unless required by law, but AMain reserves the right to terminate your account or your access to the Sites immediately, with or without notice to you, and without liability to you, if AMain believes that you have violated any of the Terms of Use, furnished AMain with false or misleading information, or interfered with use of the Sites by other Users.

AMain assumes no responsibility for monitoring the Sites for prohibited Content or conduct. If at any time AMain chooses, in its sole discretion, to monitor the Sites, AMain assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct.

If you become aware of misuse of the Sites or of any prohibited Content or conduct, please report it to AMain by clicking on the “Contact Us” link in the bottom footer of the applicable Site’s home page and sending us an email in through the mechanism provided on the Contact Us web page.

10. INTELLECTUAL PROPERTY OWNERSHIP. All AMain Content included on the Sites and Service, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and software, is the property of AMain and is protected by U.S. and international intellectual property laws. The compilation of all content on this site is the exclusive property of AMain and protected by U.S. and international copyright laws. All software used on this site is the property of AMain or its software suppliers and protected by United States and international intellectual property laws. Third Party Content, trademarks, names and logos on our Sites are the property of their respective owners.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AMain our licensors or any of our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing AMain name or trademarks without the express written consent of AMain. You may not use any direct linking or source-calling of any media presented on the Sites.

11. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. AMain has procedures in place to address allegations of copyright and other forms of intellectual property infringement occurring on the Sites. AMain’s policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want AMain to delete, edit, or disable the material in question, you must provide AMain with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AMain to locate the material; (d) information reasonably sufficient to permit AMain to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to AMain’s designated agent at:

Copyright Infringement Agent
AMain Performance Sports & Hobbies
424 Otterson Drive
Chico, CA 95928

1-530-894-0797 (Main phone)
1-530-894-9049 (Fax)
privacy@amain.com

12. PRICING OR TYPOGRAPHICAL ERRORS. AMain strives to provide accurate service and pricing information, but inadvertent typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing and availability may occur. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event that pricing is mispriced or misrepresented on an item you have already ordered, AMain may, at our discretion, either contact you for instructions, or cancel your order and notify you of such cancellation. Prices and services are subject to change without notice.

Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed.

13. ACCEPTANCE OF ORDERS. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and your order will be shipped within the time stated on the product specific page or mentioned under the “Shipping and Returns” and/or “International Shipping” web pages of the Sites. Your order may be cancelled due to, but is not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or credit or fraud problems. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after we have received payment, we will issue a credit by the charged payment method for the amount of the charge.

14. ORDER QUANTITY LIMITATIONS. We reserve the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same e-mail address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. We also reserve the right to prohibit sales to dealers or other corporations or institutions. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us through our “Contact Us” web page on the Sites.

15. NO WARRANTIES. AMAIN HEREBY DISCLAIMS ALL WARRANTIES. AMAIN IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMAIN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AMAIN DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

16. LIMITED LIABILITY. AMAINS’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMAIN BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY AMAIN. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. IF YOU ARE A NEW JERSEY RESIDENT, THIS LIMITATION OF LIABILITY SECTION IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY.

17. THIRD PARTY SITES. AMain has no control over, and no liability for any third party websites or materials. AMain works with a number of partners and affiliates whose Internet sites may be linked with the Sites. Because neither AMain nor the Sites has control over the content and performance of these partner and affiliate sites, AMain makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and AMain assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.  Similarly, from time to time in connection with your use of the Sites, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that AMain makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content.

18. INDEMNITY. You agree to indemnify AMain for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless AMain, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Sites, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. AMain will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. If you are a New Jersey resident, this indemnification clause is to be only as broad and inclusive as is permitted by the law of the state of New Jersey.

19. ELECTRONIC COMMUNICATIONS. By using our Sites, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Sites and Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

20. DISPUTE RESOLUTION.

Please Read This Provision Carefully. It Affects Your Legal Rights.

This “Dispute Resolution and Arbitration; Class Action Waiver” provision (“Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and AMain. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

This Provision provides that all disputes between you and AMain that cannot be resolved by mutual agreement within 60 days shall be resolved by binding arbitration because acceptance of these Terms of Use constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). BOTH YOU AND AMAIN AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by mailing us by first class United States mail to: AMain.com, Inc., 424 Otterson Drive, Chico, CA 95928 the following information: (1) your name, (2) your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If we do not resolve the Dispute within 60 days after receiving your notification, than you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, your or we may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by mailing the following information by first class United States mail to AMain.com, Inc., 424 Otterson Drive, Chico, CA 95928: (1) your name; (2) your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because the Sites and these Terms of Use concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or we may initiate arbitration in either Chico, CA or the federal judicial district that includes your billing address. In the event that you select the latter, we may transfer the arbitration to Chico so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer.

Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Sites can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by accepting this Provision in these Terms of Use, you and AMain are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and AMain might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and  certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your account with us and your discontinued use of the Sites. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.

21. GOVERNING LAW. We control and operate the Sites from our headquarters in the United States of America and the entirety of the Sites may not be appropriate or available for use in other locations. If you use any Site or any part thereof outside the United States of America, you are solely responsible for following applicable local laws. These Terms of Use shall be construed in accordance with and governed by the laws of the United States, the Federal Arbitration Act, and the State of California, without reference to their rules regarding conflicts of law. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms of Use or the Sites will be heard in the courts located in in Butte County, California, USA.

22. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

23. FEEDBACK. If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Sites, Services or any products, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and AMain and its affiliates are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

24. NO LICENSE. Notwithstanding Section 4 of this Terms of Use, nothing contained on the Sites should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

25. MODIFICATIONS. AMain may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Sites; and (c) discontinue the Sites at any time. AMain shall post any revision to these Terms of Use to the Sites, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Sites periodically to be aware of any revisions. You agree that, by continuing to use or access the Sites following notice of any revision, you shall abide by any such revision.

26. TERMINATION. You may discontinue your use of the Sites or Service at any time. AMain also reserves the right to terminate your use of the Sites or Services for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Sites or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.

27. CALIFORNIA CONSUMER NOTICE. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site is provided by AMain.com, Inc., 424 Otterson Drive, Chico, CA 95928. If you have a question or complaint regarding the Site or any Services, please contact Customer Service at sales@amain.com. You may also contact us by writing AMain.com, Inc., 424 Otterson Drive, Chico, CA 95928. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.