Welcome to Americweb Service. By using www.americweb.com (the “Americweb Service Site”) and its related products, services, and software, you agree to be bound by these terms and conditions (the “Terms”). You also accept and agree to be bound by the Terms , make a purchase as a guest, or log into the Americweb Service Site. We may make changes to the Americweb Service Site and the Terms at any time. It is your responsibility to review the Terms for updates or changes. If you do not agree to be bound by the Terms, you should not use the Americweb Service Site.
Use of the Americweb Service Site.
You may use the Americweb Service Site for your personal, noncommercial use only. You may not use the Americweb Service Site if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Americweb Service Site only with the permission and involvement of a parent or guardian.
Privacy Policy.
Your use of the Americweb Service Site is subject to our Privacy Policy. Please review the policy for more information on how we collect, store, and use information.
Information on Our Site.
We try to be as accurate as possible with the information we present on the Americweb Service Site. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change. We cannot confirm the availability or price of a product until you place your order.
Paying for Your Order.
The charge on your credit card statement will appear as “Americweb Service”.
Your Order.
Your order constitutes an offer from you to purchase goods or services at the prices indicated. Your offer to purchase your order is not accepted by us until you receive an order confirmation. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other reason. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we have already charged you for, we’ll refund you the full amount of the canceled portion of the order consistent with our Returns & Exchanges Policy.
Proprietary Rights.
All content included on or comprising the Americweb Service Site or any part thereof, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark, or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease, or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The Americweb Service logos and other trademarks on the Americweb Service Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by us and may not be reproduced, copies, or manipulated in any manner without the express, written approval of the trademark owner.
User Generated Content.
You may interact with the Americweb Service Site in numerous ways, including but not limited to reviews, ratings, forums, and testimonials. You hereby grant a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media currently existing or later developed. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Links to Third-Party Websites.
The Americweb Service Site contains links to other sites operated by third parties (“Third-Party Sites”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its contents, products, or services. A link to a Third-Party Site on the Americweb Service Site does not constitute our sponsorship, endorsement, approval, or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.
Export.
Certain products or other materials that you may obtain through the Americweb Service Site may be further subject to export controls. You will comply with all applicable export or re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any such regulated or controlled products or materials to a prohibited country or otherwise in violation of any restriction, law, or regulation.
Security.
You are responsible for maintain the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the Americweb Service Site only for lawful purposes. Activities including, but not limited to, tampering with the Americweb Service Site, misrepresenting the identify of a user, and using buying agents or conducting fraudulent activities, on the Americweb Service Site are prohibited.
You may not violate or attempt to violate the security of the Americweb Service Site, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using the Americweb Service Site for unintended purposes or trying to change the behavior of the Americweb Service Site; (c) attempting to probe, scan, or test the vulnerability of a system or network or breach security or authentications measures without proper authorization; (d) attempting to interfere with service to any user, host, or network, including, without limitation via means of submitting a virus to the Americweb Service Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forgoing any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of us (impersonating us) or to the Americweb Service Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized email on behalf of us or the Americweb Service Site, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software, or routine or data to interfere or attempt to interfere with the proper working of the Americweb Service Site or any activity being conducted on the Americweb Service Site. You may not use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Americweb Service Site other than the search engine and search agents we provide and generally publicly available browsers.
DISPUTE RESOLUTION.
Any and all disputes related to or arising from your use of the Americweb Service Site and any products or services ordered on the Americweb Service Site (“Americweb Service Disputes”) are subject to our Dispute & Resolution Policy. Please carefully review our entire Dispute Resolution Policy, including the two provisions provided below, for more information on how we resolve Americweb Service Disputes and your related rights and obligations.
MANDATORY AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS, YOU AND WE AGREE TO MANDATORY AND BINDING ARBITRATION TO RESOLVE ANY AND ALL DISPUTES RELATED TO OR ARISING FROM YOUR USE OF ANY PRODUCTS OR SERVICES ORDERED ON THIS SITE. YOU AND WE UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO MANDATORY AND BINDING ARBITRATION, YOU AND WE HAVE WAIVED THE RIGHT TO A TRIAL BY JURY OR A TRIAL BY A JUDGE.
CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU AND WE ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY CLAIM IN A REPRESENTATIVE CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE.
In the event that you do not wish to be bound by our Dispute Resolution Policy, then you must notify us in writing that you are exercising your right to opt out within thirty (30) days following the acceptance of these Terms for disputes related to or arising from your use of the Americweb Service Site or within thirty (30) days of placement of your order for disputes related to or arising from any products or services ordered on the Americweb Service Site. If you wish to exercise your right to opt out, please follow the steps outlined in our Dispute & Resolution Policy.
Applicable Law.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF COLORADO), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS.
Recall Notification Disclaimer.
We expressly disclaim any and all responsibility to notify you of any future recalls issued for any products or devices purchased from the Americweb Service Site. You acknowledge and agree that any potential, pending, or actual product or device recall notifications are entirely the responsibility of the manufacturer.
Americweb Service On-Site Service Agreement (PDF)
Access and Workspace Conditions. We require access to the Service location and all Service-related products, your cooperation, and electrical power in order to complete the Service(s). Some Services may not be performed if minimum requirements are not met or if technical issues are encountered (such as wiring issues or defects, or physical or technical barriers). You are responsible for moving/removing furniture in the Service area, as well as any valuables prior to our arrival.
Delays. We will try to complete the Service(s) as quickly as possible while ensuring the Service(s) is performed as safely and to as high a standard as possible. However, we are not responsible for delays in Service completion caused by factors beyond our control.
DISCLAIMERS AND LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (1) EXCEPT FOR THE SERVICE WARRANTY PROVIDED IN THESE SERVICE TERMS, WE MAKE NO AFFIRMATIVE WARRANTIES AND GRANT ONLY THOSE WARRANITES IMPLIED BY LAW THAT CANNOT BE EXCLUDED BY CONTRACT UNDER STATE LAW; AND (2) WE ARE NOT LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES – INCLUDING BUT NOT LIMITED TO: LOSS OF USE, LOST PROFITS/BUSINESS, DATA LOSS OR CORRUPTION, OR OTHER INTANGIBLE DAMAGES ARISING FROM THE SERVICE. THESE LIMITATIONS DO NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIENCE, INTENTIONAL MISCONDUCT, OR FRAUD.
DISPUTE RESOLUTION POLICY. Any and all disputes related to or arising from your use of the Americweb Service Site and any products or services ordered on the Americweb Service Site (“Americweb Service Disputes”) are subject to our Dispute & Resolution Policy. Please carefully review our entire Dispute Resolution Policy, including the two provisions provided below, for more information on how we resolve Americweb Service Disputes and your related rights and obligations.
MANDATORY AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS, YOU AND WE AGREE TO MANDATORY AND BINDING ARBITRATION TO RESOLVE ANY AND ALL DISPUTES RELATED TO OR ARISING FROM YOUR USE OF THIS SITE AND ANY PRODUCTS OR SERVICES ORDERED ON THIS SITE. YOU AND WE UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO MANDATORY AND BINDING ARBITRATION, YOU AND WE HAVE WAIVED THE RIGHT TO A TRIAL BY JURY OR A TRIAL BY A JUDGE.
CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU AND WE ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY CLAIM IN A REPRESENTATIVE CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE.
In the event that you do not wish to be bound by our Dispute Resolution Policy, then you must notify us in writing that you are exercising your right to opt out within thirty (30) days following the acceptance of these Terms for disputes related to or arising from your use of the Americweb Service Site or within thirty (30) days of placement of your order for disputes related to or arising from any products or services ordered on the Americweb Service Site. If you wish to exercise your right to opt out, please follow the steps outlined in our Dispute & Resolution Policy.
Nonrefundable Charges. Service fees, costs, and charges are nonrefundable once Service begins.
PC/Tablet/Smart Phone Access and Use. Some Services may require access to your PC, tablet, or smart phone. We may use tools we deem necessary for diagnostics and repair, including remote access. We may install software that allows you to obtain additional technology services or functionality. For software installations, you authorize us to and agree that we may accept End User License Agreements on your behalf.
Phone Calls and Texting. You authorize us and our affiliates and third-party representatives, to contact you: (i) regarding your account, your order status, Service requirements, and follow-up after or regarding your Service ; (ii) to recover any unpaid portion of any obligation to us or our affiliates; and/or (iii) for any other purpose not prohibited by applicable law. In each case, such contact may be made by any means not prohibited by applicable law (including, without limitation, an automated dialing or prerecorded messaging system) at the telephone number(s) that you provide to us, including, without limitation, any mobile telephone number(s). You acknowledge and agree that you do not need to provide a mobile telephone number to receive Services. For the avoidance of doubt, with respect to any land-based telephone number(s) that you provide to us, you acknowledge and agree that we and our affiliates and third-party representatives, may contact you by any means not prohibited by applicable law (including, without limitation, an automated dialing or prerecorded messaging system) with offers, solicitations and promotions, except as prohibited by applicable law. Voice and data rates apply.
Photos and Videos. In situations where it is necessary or warranted, we may take, transit, store, and use photos and/or video of your product(s) (including its contents, connected products, accessories, and surroundings) for Service, Service Warranty, and/or quality assurance purposes.
Service Changes, Cancellations, and Fees. Once your order is placed, you may only make Service changes, Service appointment changes, and cancellations by calling us or by email to: americweb@gmail.com. For Service cancellations or to reschedule your Service appointment, please contact us at least twelve (12) hours prior to your Service appointment. If you fail to cancel your Service appointment prior to Americweb Service’s arrival for your Service appointment or no adult is present at the Service location, you may be charged a $13 USD “Failed Service Appointment Fee” to the payment information on file with us.
Your Data and Software. You are solely responsible for backing up any data and software on your product or removing any media (e.g., memory card) prior to Service. We will NOT back up any data or software and we are not responsible for the loss, alteration, or corruption of any data, software, or lost media. We may request your user name and password for your product in order to perform the Service. You agree to change all product passwords after the Service is complete and you release us from any claims, losses, or damages resulting from the failure to do so.
YOU ACKNOWLEDGE AND AGREE THAT ANY BREACH OR VIOLATION OF THESE SERVICE TERMS AT ANY TIME PRIOR TO THE COMPLETION OF THE SERVICE(S) MAY RESULT IN THE CANCELLATION OF YOUR SERVICE APPOINTMENT OR THE REFUSAL TO PERFORM OR, IN INSTANCES WHERE THE SERVICE(S) ARE NOT YET COMPLETED, CONTINUE PERFORMING THE SERVICE(S).
RETURNS AND REFUNDS POLICY:
This Returns and Refunds Policy applies to all services ordered from the Americweb Service Site.
Returns : We will initiate your refund 3days after your original appointment date. You may contact us to schedule a new appointment date or to request initiation of your refund prior to the expiration of the 3 day window. .
DISPUTE RESOLUTION POLICY:
Any and all disputes related to or arising from your use of the Americweb Service Site and any products or services ordered on the Americweb Service Site (“Americweb Service Disputes”) are subject to this Dispute Resolution Policy. Please carefully review our entire Dispute Resolution Policy for more information on how we resolve Americweb Service Disputes and your related rights and obligations.
Mandatory and Binding Arbitration. In the event that you or we have an Americweb Service Dispute that cannot be resolved through informal dispute resolution (outlined below), then you and we agree (unless you opt out in accordance with the below opt out procedure) to resolve such Americweb Service Disputes in an individual action, either through binding arbitration or in small claims court, instead of in courts of general jurisdiction. You acknowledge and agree that, in the event that you or we commence an individual action in small claims court in accordance with this Dispute Resolution Policy and it is determined that the applicable small claims court cannot adjudicate such individual action (e.g., such small claims court lacks jurisdiction over such individual action), then such Americweb Service Dispute may only be resolved through an arbitration proceeding pursuant to this Dispute Resolution Policy. Arbitration is more informal than a lawsuit in court. Arbitration means that you will have a fair hearing before a neutral arbitrator rather than before a judge or jury in a court. Arbitrators can award the same damages that a court can award. Proceeding in arbitration may result in limited discovery and is subject to limited review by courts. Arbitration means that you waive your right to a trial by a jury or a trial by a judge (other than in small claims court). Any arbitration under this Dispute Resolution Policy will take place on an individual basis; class arbitrations and class or representative claims are not permitted. BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH AGREEING TO WAIVE THE RIGHT TO A TRIAL BY JURY OR A TRIAL BY A JUDGE (OTHER THAN IN SMALL CLAIMS COURT) AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO BRING A CLAIM IN A REPRESENTATIVE CAPACITY. You and we also each agree that this Dispute Resolution Policy evidences a transaction in interstate commerce and, thus, that the Federal Arbitration Act (the “FAA”) governs the interpretation and enforcement of this provision. Nothing in this Dispute Resolution Policy precludes you from bringing issues to the attention of federal, state or local agencies (including, without limitation, the Federal Trade Commission). Such agencies can, where permitted by law, seek relief against us on your behalf.
Americweb Service Dispute Defined. The term “Americweb Service Dispute” means, subject to the Dispute Resolution Policy Exceptions set forth below, any and all past, present or future disputes, claims or controversies between you and us related to or arising from your use of the Americweb Service Site and any products or services ordered on the Americweb Service Site, whether based in contract, statute, regulation, ordinance, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort) or any other legal or equitable theory, and includes, without limitation, the validity, enforceability and/or scope of this Dispute Resolution Policy. The term “Americweb Service Dispute” is to be given the broadest possible meaning that will be enforced and includes, without limitation, any and all claims between you and us in any way arising out of, relating to or in connection with: (i) your use of the Americweb Service Site; (ii) any and all services offered, provided, or sold on the Americweb Service Site; (iii) any and all devices or products offered, provided, or sold on the Americweb Service Site; (iv) billing, collection and credit reporting; (v) telephone calls, texts, faxes and emails that you claim you received from us and/or a party acting or purporting to act on our behalf; and/or (vi) our and/or our agents’ collection, retention and/or disclosure of personally-identifiable information.