Terms Of Use For AMain Performance Sports & Hobbies

PLEASE READ THE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE.  DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE 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.  “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 connected with 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.  YOU AGREE THAT BY USING THE SITE OR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

3.  PRIVACY POLICY. AMain respects your privacy and permits you to control the treatment of your personal information.  A complete statement of AMains’ current privacy policy can be found by clicking here.  AMains’ 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.  LICENSE OF SOFTWARE.  AMain may make certain software available to you from the Sites.  If you download 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.

5.  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 a license to use User Content in connection with the operation of the Internet business of AMain, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content.  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.

6.  COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.  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.  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.  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.

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 and 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 this website.

8.  INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. AMain has in place certain legally mandated procedures regarding allegations of copyright and other forms of intellectual property infringement occurring on the Sites.  AMains’ 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 AMains’ 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

9.  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:

(9.1) is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that you know is false or misleading;

(9.2) 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;

(9.3) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;

(9.4) harasses or advocates harassment of another person;

(9.5) exploits people in a sexual or violent manner;

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

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

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

(9.9) 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;

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

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

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

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

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

(9.15) 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 Service, 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.

10.  PROHIBITED CONDUCT.  You are also prohibited from engaging in the following activities, or assisting others in engaging in the following activities, in using the Sites or Services:

(10.1) 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;

(10.2) 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;

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

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

(10.5) 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;

(10.6) 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;

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

(10.8) 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;

(10.9) 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;”

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

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

(10.12) 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;

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

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

(10.15) 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;

(10.16) 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;

(10.17) 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;

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

(10.19) 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);

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

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

(10.22) 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

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

11.  ALLEGED VIOLATIONS.  AMain reserves the right to terminate your use of the Sites and Service, 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 on the left hand side of the Sites’s home page and sending us an email in through the mechanism provided on the Contact Us web page.

12.  ACCEPTANCE OF ORDERS.  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.

13.  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.

14.  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.

15.  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.

16.  AFFILIATED 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, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

17.  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.

18.  GOVERNING LAW.  These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.  You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Butte County, California, USA in all disputes arising out of or related to the use of the Sites.

19.  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.

20.  PRICING OR TYPOGRAPHICAL ERRORS.  AMain strives to provide accurate service and pricing information, but inadvertent typographical errors may occur.  In the event that our service is mispriced or misrepresented, AMain may, at our discretion, either contact you for instructions, or cancel your subscription and notify you of such cancellation.  Prices and services are subject to change without notice.

21.  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.

22.  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.

23.  TERMINATION.  You may terminate this Agreement at any time, provided that you discontinue any further use of the Sites or Service. 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.

24.  ACKNOWLEDGEMENT.  BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.