Terms & Conditions
Terms and Conditions
Last updated: October 31, 2022. Please read these terms and conditions carefully as they constitute a legal agreement between you and Lynxit LLC, before using the Amigoes Service.
I. Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
1. Application means the software program provided by Amigoes downloaded by You on any electronic device, generally referred hereafter “Amigoes App”.
2. Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store), or any other similar service, in which the Application has been downloaded.
3. Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
4. Account means a unique account created for You to access Amigoes Service or parts of Amigoes Service.
5. Country refers to: United States
6. Company (referred to as either "the Company", "Amigoes", "We", "Us" or "Our" in this Agreement) refers to Lynxit LLC, 234 Cornell St., Rexburg, ID 83440.
7. Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
8. Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
9. Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Amigoes Service.
10. Goods refer to the items offered for sale on the Service.
11. In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
12. Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided. Amigoes is not an agent of Merchants.
13. Merchant Offerings are any and all Services, Goods, Products, and Activities offered by Merchants.
14. Orders mean a request by You to purchase Goods from Us.
15. Promotions refer to contests, sweepstakes or other promotions offered through the Service.
16. Service refers to the Application or the Website or both.
17. Site refers to the mobile and touch versions and any sites We have now or in the future that reference these Terms and Conditions.
18. Subscriptions refer to the services or access to the Service offered on a subscription basis by Amigoes to You.
19. Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and Amigoes regarding the use of the Service.
20. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
21. Third-party Providers mean providers of services, goods, products, and activities which Amigoes provides as part of its services to You to advertise these services, goods, products, and activities and matches You up to these services.
22. Website refers to the Amigoes app, accessible from http://www.amigoesapp.com .
23. You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
24. Potential Customers refers to individuals using the Amigoes App who receive matched recommendations of activities, services, rentals, or other individuals and who may receive coupons.
25. Customer Demographic Playlist refers to a set of ads for Merchants; the Merchants have requested that each ad that advertises the Merchant’s business be displayed by Company to Potential Customers who reasonably appear to belong to a specific customer demographic profile, such as individuals who belong to a certain age group and have a primary residence that is within a certain radius of a certain location.
The Amigoes App is an online service that matches individuals with activities, services, rentals, and individuals for the purposes of entertainment and recreation and provides advertising and opportunities for exposure for individuals and entities in providing those actives, services, and rentals.
1. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Lynxit LLC. For purposes of this Agreement any reference to ”Amigoes”, “Lynxit LLC”, or “Company”, shall be all used interchangeability. The Parties agree all rights, obligations, protections, guarantees, and clauses shall apply to “Lynxit LLC” and “Amigoes” regardless to the name referenced hereafter. Amigoes name has been used for clarity purposes. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
2. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Service.
3. You may use the Service only as permitted by applicable law.
4. To use the Service, you must be at least 18 years of age.
5. You may not use the Service while walking, driving, or traveling in any situation that may increase the likelihood of personal injury.
D. User Accounts
1. In order to use most aspects of the Service, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration requires you to submit certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by the Service. You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address and payment method. Your failure to comply with these Terms (including policies and supplemental terms) including, without limitation, your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Service. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted in writing, you may only possess one Account.
2. You agree not to disclose Your password to any third party. You must notify Amigoes immediately upon becoming aware of any breach of security or unauthorized use of Your account.
3. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
E. Placing Orders, Payment for Services, and Third-Party Agreements for Goods, Products, Activities and Services entered into through the Service
1. By placing any Order, payment for services, and Third-Party Agreements for Goods and services through the Service, You warrant that You are legally capable of entering into binding contracts. In addition, to these Terms and Services, you may be required to agree to Third-Party Agreements and Terms of Service. Those Agreements shall not include Amigoes, or its parent or subsidiary organizations as a Party and you agree to Hold Harmless Amigoes for any and all negligent or purposeful conduct or breaches of Agreements that you may enter into by using the Amigoes App. Amigoes does not warranty any services, goods, products, or activities advertised on its App and shall not be responsible for any claims, due diligence, or warranties resulting out of these services, goods, products or activities. See Article V, Section B and C.
2. You agree to indemnify, defend, and hold harmless Amigoes, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of You, Your agents, employees, or representatives under this Agreement and any Agreements you may enter with Third Party’s through the Amigoes App.
F. Your Information
1. If You wish to place an Order for services, goods, products, or activities available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
2. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Amigoes is true, correct and complete.
3. By submitting such information, You grant Amigoes the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
G. Account Cancellation
1. We reserve the right to refuse or cancel Your Account at any time for certain reasons including but not limited to:
a) Use of the site for any Illegal Activity
b) Discrimination against individuals for race, sexual orientation, nationality, religion, and any other Federally protected class.
c) Using the service to maliciously attack, hinder, or annoy any person or business.
d) Misuse of anyone’s Personal Information that you otherwise do not have a right to.
2. We reserve the right to refuse or cancel Your Account if fraud or an unauthorized or illegal transaction is suspected.
H. Your Order Cancellation Rights
Any Cancellation or request for Return shall be Directed solely to the Third-Party provider(s) which the services, goods, products, and activities were ordered. Amigoes takes no responsibility for any advertised services, goods, products, and activities or those companies return and cancellation policies.
A. Your Right to Post Content
1. Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
2. By posting Content to the Service, You grant Amigoes the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Amigoes to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
3. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Amigoes the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
B. Content Restrictions
1. Amigoes is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
2. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
a) Unlawful or promoting unlawful activity.
b) Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
c) Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
d) Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
e) Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
f) Impersonating any person or entity including Amigoes and its employees or representatives.
g) Violating the privacy of any third person.
h) False information and features.
3. Amigoes reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. Amigoes further reserves the right to make formatting and edits and change the manner any Content. Amigoes may also limit or revoke the use of the Service if You post such objectionable Content. As Amigoes cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Amigoes be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
C. Content Backups
1. Although regular backups of Content are performed, the Amigoes does not guarantee any loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
2. Amigoes will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that Amigoes has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
3. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
D. Availability, Errors, and Inaccuracies
1. We are constantly updating Amigoes offerings of Goods, Services, Products, and Activities on the Service. The Goods available on Amigoes Service may be mispriced, described inaccurately, or unavailable, and Amigoes may experience delays in updating information regarding Amigoes Goods on the Service and in Amigoes advertising on other websites.
2. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Amigoes reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
E. Prices Policy
1. Amigoes reserves the right to revise its prices at any time. Prices advertised on the website, may or may not, accurately reflect the Prices Third-Party Providers may require.
2. The prices quoted may be revised by the Third-Party Providers subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Third-Party Company(s). In that event, You will have the right to cancel Your Order.
1. All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods Amigoes have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
2. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If Amigoes do not receive the required authorization, Amigoes will not be liable for any delay or non-delivery of Your Order.
A. Subscription Period
1. The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
2. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or Amigoes cancels it.
B. Subscription Cancellations
1. You may cancel Your Subscription renewal either through Your Account settings page or by contacting Amigoes. You will not receive a refund for the fees You already paid for Your current Subscription period. You will be able to access the Service until the end of Your current Subscription period.
2. If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
C. Billing and Services
1. You shall provide Amigoes with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
2. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
3. For a Start-Up Subscription, You agree to pay $299, per month per location, to Company and to select a customer demographic profile of Potential Customers for whom you desire to receive recommendations for your services, and Company agrees to include one video ad or one display ad advertising Your services to a Customer Demographic Playlist that may also contain ads from other businesses which have selected the same customer demographic profile of Potential Customers; Company agrees to display, during the period of time that it takes for a specific Customer Demographic Playlist to display all of the ads of the various businesses assigned to the specific relevant Customer Demographic Playlist, one video or one display ad that advertises Your services to Potential Customers who have stated or appear to have the characteristics of your chosen customer demographic; after showing all of the ads belonging to the specific Customer Demographic Playlist to Potential Customers, Company agrees to make reasonable efforts to continuously show the ads of the specific Customer Demographic Playlist to available, suitable Potential Customers.
4. For a Duo Subscription, You agree to pay $349, per month per location, to Company and to select a customer demographic profile of Potential Customers for whom you desire to receive recommendations for your services, and Company agrees to include a total of two ads, such as two video ads, two display ads, or one video ad and one display ad, advertising Your services to a Customer Demographic Playlist that may also contain ads from other businesses which have selected the same customer demographic profile of Potential Customers; Company agrees to display, during the period of time that it takes for a specific Customer Demographic Playlist to display all of the ads of the various businesses assigned to the specific relevant Customer Demographic Playlist, one video or one display ad that advertises Your services to Potential Customers who have stated or appear to have the characteristics of Your chosen customer demographic during the period of time that it takes for a specific Customer Demographic Playlist to display all of the ads of Period of Time that it takes for all the ads of the various businesses assigned to the specific relevant Customer Demographic Playlist; after showing all of the ads belonging to the specific Customer Demographic Playlist to Potential Customers, Company agrees to make reasonable efforts to continuously show the ads of the specific Customer Demographic Playlist to available, suitable Potential Customers.
5. For a Trio Subscription, You agree to pay $399, per month per location, to Company and to select a customer demographic profile of Potential Customers for whom you desire to receive recommendations for your services, and Company agrees to include a total of three ads, such as any combination of video ads and display ads, advertising Your services to a Customer Demographic Playlist that may also contain ads from other businesses which have selected the same customer demographic profile of Potential Customers; Company agrees to display, during the period of time that it takes for a specific Customer Demographic Playlist to display all of the ads of the various businesses assigned to the specific relevant Customer Demographic Playlist, one video or one display ad that advertises Your services to Potential Customers who have stated or appear to have the characteristics of Your chosen customer demographic during the period of time that it takes for a specific Customer Demographic Playlist to display all of the ads of Period of Time that it takes for all the ads of the various businesses assigned to the specific relevant Customer Demographic Playlist; after showing all of the ads belonging to the specific Customer Demographic Playlist to Potential Customers, Company agrees to make reasonable efforts to continuously show the ads of the specific Customer Demographic Playlist to available, suitable Potential Customers.
6. 6. For all subscriptions, service outages may occur which may prevent Company from displaying ads; when service outages occur Company shall make reasonable efforts to end the service outage in a timely manner.
7. When You sign up for a subscription service, You must provide valid credit card information and select a subscription service term of one month; during a 7-day Free Trial period, You will not be charged for the subscription service. You may cancel Your subscription service by sending an email to firstname.lastname@example.org. You authorize Company to begin after the 7-day Free Trial period to continually charge the Your credit card each month for Your selected subscription service unless the You have notified Company as described herein at least 7-days before the next subscription service term has begun.
D. Fee Changes
1. Amigoes, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
2. Amigoes will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
1. Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by Amigoes on a case-by-case basis and granted at the sole discretion of Amigoes.
2. If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
3. If a business cancels their subscription mid-month they do not get a refund for the prorated remainder of the month.
F. In-App Purchases
1. The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
2. More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.
3. In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
4. If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, Amigoes will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. Amigoes will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will Amigoes charge You to replace or repair the In-app Purchase. In the unlikely event that Amigoes are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, Amigoes will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
5. You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions. If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
1. Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
1. Company displays ads for multiple businesses, and multiple businesses may request the same demographic profile, such as potential customers in a certain range and within a certain distance of a major city.
2. Based on the selected demographic of potential customers, those ads will be played in a sequence with other merchants that sleect the same degrah profile, and played in order of when the business signed up for the Service, if you select duo or trio then duo means 2 of yours ads in the playlist and tri is 3 ads in the playlist. Company agrees to make reasonable efforts to play ads as described herein, and Company agrees to provide a dashboard showing information about the ads that have been displayed for.
1. The “per location” portion means that we are using the businesses physical address for the Geo Fence location and radius of the advertising geographic area. It also means that if there is a franchise business that wants to run video ads of up to 25 miles within a geographic area they would need to pay for each individual business location in the franchise, even if the target geofence area overlaps. If a business cancels their subscription mid-month they do not get a refund for the prorated remainder of the month.
G. Number of Ad Views
1. The different subscriptions Duo or Trio get 2 or 3 respectively ads played in the “round robin” before it is circled back to]; the descriptor for “Unlimited Exposure” of ads and ”Unlimited Views, Clicks, and Coupons” means that the business is paying for a flat fee model of ads that has no minimum guarantees on the number of ads shown but also not limits of the number of view, clicks or coupons delivered to customers during any one month period.
IV. Copyright Policy
A. Intellectual Property Infringement
1. We respect the intellectual property rights of others. It is Amigoes policy to respond to any claim that Content posted on the Service infringes on a copyright or other intellectual property infringement of any person.
2. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing by certified postal mail Lynxit Legal Dept, Attention: Amigoes Copyright Agent, 350 N. 2nd E., Rexburg, ID 83440 and include in Your notice a detailed description of the alleged infringement.
3. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
B. DMCA Notice and DMCA Procedure for Copyright Infringement Claims
1. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Amigoes Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
b) A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
c) Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
d) Your address, telephone number, and email address.
e) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
f) A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
2. You can contact the Amigoes Copyright Agent in writing by certified postal mail to Lynxit Legal Dept, Attention: Amigoes Copyright Agent, 350 N. 2nd E., Rexburg, ID 83440 . Upon receipt of a notification, Amigoes will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
C. Intellectual Property
1. The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Amigoes and its licensors.
2. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Amigoes trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Amigoes.
D. Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide Amigoes. If for any reason such assignment is ineffective, You agree to grant Amigoes a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
E. Links to Other Websites
1. Our Service may contain links to third-party web sites or services that are not owned or controlled by Amigoes.
2. Amigoes has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Amigoes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
3. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
V. General Provisions
1. We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
2. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
B. Limitation of Liability
1. To the maximum extent permitted by applicable law, in no event shall Amigoes, its subsidiaries or affiliates or any of their respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees, or agents, be liable for any direct or indirect lost profits or lost business damages, indirect, incidental, special, consequential, or punitive damages arising out of, related to, or in connection with any of the following:
1. Your use of the site, the content, user content, including, without limitation, any personal information, and any other information either contained in the site or submitted by you to the site;
2. Your inability to use the site;
3. Modification or removal of content submitted on the site;
4. The merchant offerings, products, and other available programs accessible or available through the site;
5. Any products or services purchased or obtained directly from a merchant;
6. Travel to or from any products or services purchased or obtained directly from a merchant;
8. Any improper use of information you provide to the site, including, without limitation, any personal information.
2. In no event will Amigoes, its subsidiaries or affiliates or any of their respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees, or agents, liability in connection with a merchant offering, product, and other available programs’ liability exceed $100 USD if You have not purchased anything through the Service, exceed $299 if You have purchased a Start-up Subscription, exceed $349 if You have purchased a Duo Subscription, or exceed $399 if You have purchased a Trio Subscription.
3. The liability limitations in this section are not intended to limit any warranty provided directly by a merchant or by the applicable manufacturer of physical products or any express representations or warranties by Amigoes that are included in other applicable terms, nor are they intended to limit remedies you might have for product-related injury.
4. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above liability limitations in this section may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
C. "AS IS" and "AS AVAILABLE" Disclaimer
1. As permitted by applicable law, You expressly agree that use of the site is at Your sole risk. Neither Amigoes, nor its subsidiaries or affiliates or any of their respective employees, agents, merchants, third-party content providers or licensors or any of their officers, directors, employees or agents, warrant that use of the site will be uninterrupted, secure, virus-free, or error free, nor do they make any warranty as to (a) the results that may be obtained from use of the site, or (b) the accuracy, completeness, or reliability of (i) the content on the site, including, without limitation, merchant offerings, products, or other available programs, (ii) descriptions of merchant offerings, products, or other available programs, or (iii) user content provided through the site.
2. The Site and all content, user content and other information contained on the Site, Merchant offerings, products and other available programs accessible or available through the Site, are made accessible or available on an “as is” and “as available” basis.
3. To the extent allowed by applicable law, Amigos hereby disclaims any and all representations, warranties, and conditions, whether express, implied, or statutory, as to the operation of the site or the content, user content, or other information contained on the site or the merchant offerings, products, or other available programs accessible or available through the site, including, without limitation, those of title, non-infringement, non-interference, merchantability, suitability, and fitness for a particular purpose, as well as warranties implied from a course of performance or course of dealing.
4. The warranty limitations in this section are not intended to limit any warranty provided directly by Merchants or by the applicable manufacturer of physical products or any express representations or warranties by Amigoes that are included in other applicable terms.
1. You agree to defend, indemnify, and hold harmless Amigoes, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any Content submitted or posted by You, in connection with the Site, or any use of the Site in violation of these Terms; (b) fraud You commit or Your intentional misconduct or gross negligence; or (c) Your violation of any applicable U.S., Canadian, or foreign law or rights of a third-party.
2. You are solely responsible for your interactions with Merchant and other users of the Site. To the extent permitted under applicable laws, you hereby release Amigoes from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is available through the Site, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of any product or service purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.
E. Governing Law
The laws of the State of Idaho, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. The Parties both agree any disagreement in relation to this Agreement shall be adjudicated in the District Court of Madison County, in the State of Idaho.
F. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you have against Amigoes on an individual basis, and not as a class action according to Alternative Dispute Resolution (ADR) practices.
G. For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
H. United States Federal Government End Use Provisions
If You are a U.S. federal government end user, Amigoes Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
I. United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
J. Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
K. Translation Interpretation
These Terms and Conditions may have been translated if Amigoes has made them available to You for Amigoes Service. You agree that the original English text shall prevail in the case of a dispute.
L. Changes to These Terms and Conditions
1. We reserve the right, at Amigoes sole discretion, to modify or replace these Terms at any time. If a revision is material Amigoes will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Amigoes sole discretion.
2. By continuing to access or use the Amigoes Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
M. Contact Us
If you have any questions about these Terms and Conditions, You can contact us: By email: email@example.com .
Any notice of termination, such as a termination of these terms and conditions, or service of process must be sent in writing by certified postal mail to “Lynxit Legal Dept, 350 N. 2nd E., Rexburg, ID 83440”.