Terms of Use

Amergellc.com Terms of Use

The terms of use below constitute a legal Agreement between you (Herein referred to as “The Customer”) and Amerge LLC. (Herein referred to as “The Company”), legal owner of the domain name and website Amergellc.com (Herein referred to as “The Website”), each referred to herein as a “Party” and collectively as the “Parties”. Your agreement to be bound by these terms is acknowledged by your use of the Company Services which includes, but is not limited to visiting The Website, using its internal and external links for search of information, contacting Company representatives, support services and/or any software made available to you by Company.

1. Use

The Website visitor can use the information and images posted at The Company website for informational purposes only. You cannot use the information and images of The Website in any other way without a prior written consent from The Company.

2. Availability

The Customer acknowledges that the Internet is neither owned nor controlled by any organization, company, legal or physical entity. Therefore, The Company cannot guarantee that any user will be able to access The Website or any of The Company’s servers or services at any given time. The Company represents that it shall make every good faith effort to ensure that its Website and all of its servers or services are available as widely as possible and with as little service interruption as possible.

3. Copyright

4. Trademark

Amerge is the trademark, trade name, and service mark of Amerge LLC. Any use of such marks without the prior written consent of Amerge LLC is prohibited. Other trademarks and logos are the property of the parties to whom they are attributed, including Amerge Advisory™, Amerge Market Ready™, Brand RE™, Find | Be Found™, @Near Me™.

5. Accuracy

Amerge LLC makes every effort to ensure the accuracy of all information you receive on our website. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions.

6. Privacy

We view protection of users’ privacy as a very important community principle. When you use Amerge LLC website, you agree that we may collect information and use it in accordance with the Amerge LLC Privacy Policy. If you object to your information being transferred or used, please do not use our service.

7. Accessibility

Amerge LLC is committed to providing a website that is accessible to the broadest possible audience. Our commitment involves striving to adhere rigorously to the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines 2.1 (WCAG 2.1) at the AA level. The guidelines provide instructions on making web content accessible to individuals with diverse disabilities. If you experience any challenges in accessing any part of the website, please contact us.

8. Access

You are responsible for obtaining at your own expense all equipment and services needed to access and use the Amerge LLC website, including all devices, Internet browsers and Internet access. If you access the Amerge LLC website through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications.

9. No Warranties

WE PROVIDE THE AMERGELLC WEBSITE “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY.

10. Limited Liability

IN NO EVENT SHALL AMERGE LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states, liability is limited to the fullest extent permitted by law.

11. Indemnity

You agree to indemnify, defend, and hold harmless Amerge LLC, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, advisors, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

12. Entire Agreement/No Waiver

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by Amerge LLC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

13. Correction of Errors and Inaccuracies

The Amerge LLC website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current at any given time. Amerge LLC therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Amerge LLC does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

14. Modification

Amerge LLC reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Amerge LLC website before the changes take effect. Your continued use of Amerge LLC website, you are responsible for regularly reviewing periodically this Agreement, located at https://amergellc.com/terms-of-use/. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.

15. Applicable Law and Venue

THIS AGREEMENT IS GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH NEW YORK LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN NEW YORK, NEW YORK, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.

REVISION DATE: 7/31/2023