TERMS AND CONDITIONS
Last updated: August 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.americasmi.com website.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least  years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least  years of age.
1. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, Americas Market Intelligence and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,
You are expressly and emphatically restricted from all of the following:
1. Publishing any Website material in any media with the express consent of Americas Market Intelligence, obtained in writing by contacting Americas Market Intelligence via email or phone
2. Selling, renting sublicensing and/or otherwise commercializing any Website material
3. Publicly performing and/or showing any Website material
4. Reproducing, duplicating, copying otherwise exploiting material from this Website for a commercial purpose
5. Redistributing material from this website (except for content specifically and expressly made available for redistribution)
6. Using this Website in any way that is, or may be, damaging to this Website
7. Using this Website in any way that impacts user access to this Website
8. Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity
9. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website
10. Using this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software
11. Using this website to transmit or send unsolicited commercial communications or any purposes related to marketing without Americas Market Intelligence’s express written consent
12. Using this Website to engage in any advertising or marketing
Certain areas of this Website are restricted from access by you and Americas Market Intelligence may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
3. User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Americas Market Intelligence a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Americas Market Intelligence the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Americas Market Intelligence or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Americas Market Intelligence reserves the right to edit or remove any material submitted to this website, or stored on Americas Market Intelligence’s servers, or hosted or published upon this website.
Notwithstanding Americas Market Intelligence’s rights under these terms and conditions in relation to user content, Americas Market Intelligence does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
4. No Warranties
This Website is provided “as is,” with all faults, and Americas Market Intelligence makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website.
Without prejudice to the generality of the foregoing paragraph, Americas Market Intelligence does not warrant that:
• This website will be constantly available, or available at all; or
• The information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.
Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
5. Limitation of Liability
In no event shall Americas Market Intelligence, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Americas Market Intelligence, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
These limitations of liability apply even if Americas Market Intelligence has been expressly advised of the potential loss.
You hereby indemnify to the fullest extent Americas Market Intelligence from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
8. Other parties
You accept that, as a limited liability entity, Americas Market Intelligence has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Americas Market Intelligence’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Americas Market Intelligence’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Americas Market Intelligence.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
10. Variation of Terms
Americas Market Intelligence is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
11. Breaches of These Terms and Conditions
Without prejudice to Americas Market Intelligence’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Americas Market Intelligence may take such action as Americas Market Intelligence deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Americas Market Intelligence may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Americas Market Intelligence shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
14. Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Americas Market Intelligence.
Americas Market Intelligence 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 Americas Market Intelligence 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Americas Market Intelligence and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
16. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Florida, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Florida for the resolution of any disputes.
If you have any questions about these Terms, please contact us.