TERMS AND CONDITIONS

Last updated April 22, 2025.

AGREEMENT TO OUR LEGAL TERMS

Amish Wholesale Gazebos & More LLC, is an excellence in wood crafting e-commerce business doing business as Amish Wholesale Gazebos (“Company,” “we,” “us,” “our”), a company registered in Wyoming, United States at 1118 Bleistein Ave, Cody, WY 82414, known as AWG here after.

All references (regardless of spelling) to: you, your, user, person(s), personal, purchaser, distributor, distribution, dealer(s), reseller(s) and any other reference(s) to anything and/or entity other than AWG as it pertains to the foregoing “Terms and Conditions” hereafter is specifically referring to “the customer” of AWG.

AWG operates the website https://amishwholesalegazebos.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by phone at +1(503) 780-5661, email at AmishWG@gmail.com, or by mail to 1118 Bleistein Ave, Cody, WY 82414, United States.

AWG’s Legal Terms constitute a legally binding agreement made between you, the customer, whether personally and/or on behalf of any entity, and Amish Wholesale Gazebos & More LLC, concerning your access to and/or use of, AWG’s Services. You agree that by accessing AWG’s Services, you have read, understood, and agreed to be bound by all of AWG’s Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, PLEASE KINDLY REFRAIN FROM USING AWG’S SERVICES AND DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on AWG’s Services from time to time are hereby expressly incorporated herein by reference. AWG reserves the right, in whole or in part, in AWG’s sole discretion, to make changes and/or modifications to these Legal Terms at any time and for any reason. AWG will alert you about any changes by updating the “Last updated” date of AWG’s Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review AWG’s Legal Terms to stay informed of updates. You will be subject to, and/or will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of AWG’s Services after the date such revised Legal Terms are posted.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent(s) and/or guardian(s) to use AWG’s Services. If you are a minor, you must have your parent(s) and/or guardian(s) read and agree to these Legal Terms prior to using AWG’s Services.

We recommend that you print a copy of these Legal Terms for your records.

 

1. OUR SERVICES

The information provided when using AWG’s Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation and/or which would subject AWG to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access AWG’s Services from other locations do so at their own peril and on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

AWG’s Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), et cetra. If your interactions would be subjected to such laws, you may not use AWG’s Services. You may not use AWG’s Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

 

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

AWG is the owner and/or the licensee of all intellectual property rights in AWG’s Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

AWG Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through AWG’s Services “AS IS” for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access AWG’s Services; and
• download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of AWG’s Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of AWG’s Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: AmishWG@gmail.com.

If AWG ever grants you the permission to post, reproduce, or publicly display any part of AWG’s Services or Content, you must identify AWG as the owners and/or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

AWG reserves all rights not expressly granted to you in and to AWG’s Services, Content, and Marks.

Any breach of AWG’s Intellectual Property Rights will constitute a material breach of AWG’s Legal Terms and your right to use AWG’s Services will terminate immediately.

Your submissions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using AWG’s Services to understand the (a) rights you give AWG and (b) obligations you have when you post and/or upload any content through AWG’s Services.

Submissions: By directly sending AWG any question, comment, suggestion, idea, feedback, or other information about AWG’s Services (“Submissions”), you agree to assign to AWG all intellectual property rights in such Submission. You agree that AWG shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post and/or upload: By sending AWG Submissions through any part of AWG’s Services you:

• confirm that you have read and agree with AWG’s “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submission(s) and you expressly agree to reimburse AWG for any and all losses that AWG may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

 

3. USER REPRESENTATIONS

By using AWG’s Services, you represent and warrant that:

(1) all registration information you submit will be true, accurate, current, and complete;

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;

(3) you have the legal capacity and you agree to comply with AWG’s Legal Terms;

(4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use AWG’s Services;

(5) you will not access AWG’s Services through automated or non-human means, whether through a bot, script or otherwise;

(6) you will not use AWG’s Services for any illegal or unauthorized purpose; and

(7) your use of AWG’s Services will not violate any applicable law or regulation.

If you provide any false information that is not true, inaccurate, not current, or incomplete, AWG’s reserves the right to suspend and/or terminate your account Further, AWG may, in whole or in part refuse any and/or all current and/or future use of AWG’s Services.

 

4. USER REGISTRATION

You may be required to register to use AWG’s Services. You agree to keep your password confidential and will be responsible for all use of your account and password. AWG reserves the right to remove, reclaim, or change a username you select if AWG determines, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

5. PRODUCTS

AWG makes every effort to display as accurately as possible the colors, features, specifications, and details of the products available on AWG’s Services. However, AWG does not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and AWG cannot guarantee that items will be in stock. AWG reserves the right to discontinue any product(s) at any time for any reason. Prices for all products are subject to change.

 

6. PURCHASES AND PAYMENT

AWG accepts the following forms of payment:

– Credit Card, Debit Card, Wire Transfer, Cashiers Check and Personal Check:

You agree to provide current, complete, and accurate financial information for AWG purchase(s) of AWG’s products sold in AWG’s e-commerce store at AmishWholesaleGazebs.com. Further, you agree to promptly update account and payment information, including email address and payment method so that AWG can complete your transactions and contact you as needed. Sales tax will be added to the price of each purchas as deemed required by each State and local municipality within the United States of America (U.S.). AWG may change prices of AWG’s products at any time. All payments shall be in U.S. currency, including dollars.

You agree to pay all charges at the price(s), then in effect, for purchases and any applicable shipping fees. You authorize AWG to charge your chosen form of payment and/or provider for any such amounts upon placing your order. AWG reserves the right to correct any errors and/or mistakes in pricing, even if AWG has already requested and/or received payment.

AWG reserves the right to refuse any order placed through AWG’s Services. AWG may, in our sole discretion, limit and/or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by and/or order(s) under the same customer’s account, the same payment method, and/or order(s) that use the same billing and/or shipping address. AWG reserves the right to limit and/or prohibit any order(s) that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

7. RETURN/REFUNDS POLICY

All sales are final and no refund will be issued.

 

8. PROHIBITED ACTIVITIES

You may not access or use AWG’s Services for any purpose other than that for which AWG makes AWG’s Services available. AWG’s Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by AWG.

As a user of AWG’s Services, you agree not to:

• Systematically retrieve data or other content from AWG’s Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from AWG.
• Trick, defraud, or mislead AWG and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of AWG’s Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of AWG’s Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or AWG’s Services.
• Use any information obtained from AWG’s Services in order to harass, abuse, or harm another person.
• Make improper use of AWG’s support services or submit false reports of abuse or misconduct.
• Use AWG’s Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to AWG’s Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of AWG’s Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of AWG’s Services.
• Engage in any automated use of AWG’s system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete AWG’s copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or
  “pcms”).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to AWG’s Services.
• Harass, annoy, intimidate, or threaten any of AWG’s employees or agents engaged in providing any portion of AWG’s Services to you.
• Attempt to bypass any measures of AWG’s Services designed to prevent or restrict access to AWG’s Services, or any portion of AWG’s Services.
• Copy or adapt AWG’s Services’ software, including but not limited to, Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising and/or in any way making up a part of AWG’s Services.
• Except as may be the result of standard search engine and/or Internet browser usage, use, launch, develop, and/or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, and/or offline reader that accesses AWG’s Services and/or use and/or launch any unauthorized script or other software.
• Use a buying agent and/or purchasing agent to make purchases on AWG’s Services.
• Make any unauthorized use of AWG’s Services, including collecting usernames and/or email addresses of users by electronic and/or other means for the purpose of sending unsolicited email and/or creating user accounts by automated means and/or under false pretenses.
• Use AWG’s Services as part of any effort to compete with AWG and/or otherwise use AWG’s Services and/or AWG’s Content for any revenue-generating endeavor and/or commercial enterprise.

 

9. USER GENERATED CONTRIBUTIONS

AWG’s Services does not offer users to submit or post content. AWG may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to AWG or on AWG’s Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of AWG’s Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with AWG’s Services’ Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not, and will not, infringe on AWG’s proprietary rights, including but not limited to, the copyright, patent, trademark, trade secret, and/or moral rights of any third party.
• You are the creator and owner of and/or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize AWG, AWG’s Services, and other users of AWG’s Services to use your Contributions in any manner contemplated by AWG’s Services and AWG’s Legal Terms.
• You have AWG’s written consent, release, and/or permission of each and/or every identifiable individual person in your Contributions to use the name or likeness of each and/or every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by AWG’s Services and AWG’s Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by AWG).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of AWG’s Legal Terms, or any applicable law or regulation.

Any use of AWG’s Services in violation of the foregoing violates AWG’s Legal Terms and may result in, among other things, termination and/or suspension of your rights to use AWG’s Services.

 

10. CONTRIBUTION LICENSE

You and AWG’s Services agree that AWG may access, store, process, and use any information and personal data that you provide following the terms of AWG’s Privacy Policy and/or your choices (including settings).

By submitting suggestions or other feedback regarding AWG’s Services, you agree that AWG can use and/or share such feedback for any purpose without compensation to you.

AWG does not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and/or any intellectual property rights and/or other proprietary rights associated with your Contributions. AWG is not liable for any statements and/or representations in your Contributions provided by you in any way, style or form on AWG’s Services. You are solely responsible for your Contributions to AWG’s Services and you expressly agree to exonerate AWG from any and/or all responsibilities and/or to refrain from any legal action against AWG regarding your Contributions.

 

11. GUIDELINES FOR REVIEWS

AWG may provide you space on AWG’s platform which allow you to leave reviews and/or ratings. When posting a review, you must comply with the following criteria:

(1) You should have firsthand experience with the person/entity being reviewed;

(2) Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;

(3) Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

(4) Your reviews should not contain references to illegal activity;

(5) You should not be affiliated with AWG’s competitors if posting negative reviews;

(6) You should not make any conclusions as to the legality of conduct;

(7) You may not post any false or misleading statements; and

(8) You may not organize a campaign encouraging others to post reviews, whether positive or negative.

AWG may accept, reject, or remove reviews in our sole discretion. AWG have absolutely no obligation to screen reviews and/or to delete reviews, even if anyone considers reviews objectionable and/or inaccurate. Reviews are not endorsed by AWG, and do not necessarily represent AWG’s opinions and/or the views of any of AWG’s affiliates and/or partners. AWG does not assume liability for any review and/or for any claims, liabilities, and/or losses resulting from any review. By posting a review, you hereby grant to AWG a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

 

12. SERVICES MANAGEMENT

AWG reserves the right, but not the obligation, to:

(1) monitor AWG’s Services for violations of AWG’s Legal Terms;

(2) take appropriate legal action against anyone who, in AWG sole discretion, violates the law and/or AWG’s Legal Terms, including without limitation, reporting such user to law enforcement authorities;

(3) in AWG’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, and/or disable (to the extent technologically feasible) any of your Contributions and/or any portion thereof;

(4) in AWG’s sole discretion and without limitation, notice, or liability, to remove from AWG’s Services or otherwise disable all files and/or content that are excessive in size and/or are in any way burdensome to AWG’s systems; and

(5) otherwise manage AWG’s Services in a manner designed to protect AWG’s rights and property and/or to facilitate AWG’s proper functioning of AWG’s Services.

 

13. PRIVACY POLICY

AWG cares about data privacy and security. Please review AWG’s Privacy Policy: https://amishwholesalegazebos.com/privacy-policy/. By using AWG’s Services, you agree to be bound by AWG’s Privacy Policy, which is incorporated into AWG’s Legal Terms. Please be advised AWG’s Services are hosted in the United States of America. If you access AWG’s Services from any other region(s) in the world with laws and/or other requirements governing personal data collection, use, and/or disclosure that differ from applicable laws in the United States of America, then through your continued use of AWG’s Services, you are transferring your data to the United States America, and you expressly consent to have your data transferred to and/or processed in the United States of America.

 

14. TERM AND TERMINATION

AWG’s Legal Terms shall remain in full force and effect while you use AWG’s Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, AWG RESERVES THE RIGHT TO, IN AWG’s SOLE DISCRETION AND WITHOUT NOTICE AND/OR LIABILITY, DENY ACCESS TO AND/OR USE OF AWG’s SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON AND/OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY AND/OR COVENANT CONTAINED IN AWG’s LEGAL TERMS AND/OR ANY APPLICABLE LAW AND/OR REGULATION. AWG MAY TERMINATE YOUR USE AND/OR PARTICIPATION IN AWG’s SERVICES AND/OR DELETE YOUR ACCOUNT AND/OR ANY CONTENT AND/OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN AWG’s SOLE DISCRETION.

If AWG terminate and/or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, AWG reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, andor injunctive redress.

 

15. MODIFICATIONS AND INTERRUPTIONS

AWG reserve the right to change, modify, and/or remove the contents of AWG’s Services at any time and/or for any reason at AWG’s sole discretion without notice. However, AWG has no obligation to update any information on AWG’s Services. AWG also reserve the right to modify and/or discontinue all and/or part of AWG’s Services without notice at any time. AWG will not be liable to you and/or any third party for any modification, price change, suspension, and/or discontinuance of AWG’s Services.

AWG cannot guarantee AWG’s Services will be available at all times. AWG may experience hardware, software, and/or other problems or need to perform maintenance related to AWG’s Services, resulting in interruptions, delays, and/or errors. AWG reserves the right to change, revise, update, suspend, discontinue, and/or otherwise modify AWG’s Services at any time and/or for any reason without notice to you.

You agree that AWG has no liability whatsoever for any loss, damage, and/or inconvenience caused by your inability to access or AWG’s the Services during any downtime and/or discontinuance of AWG’s Services. Nothing in AWG’s Legal Terms will be construed to obligate AWG to maintain and/or support AWG’s Services and/or to supply any corrections, updates, and/or releases in connection therewith.

 

16. GOVERNING LAW

AWG’s Legal Terms and/or your use of AWG’s Services are governed by and/or construed in accordance with the laws of the State of Wyoming applicable to agreements made and to be entirely performed within the State of Wyoming, without regard to its conflict of law principles.

 

17. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and/or control the cost of any dispute, controversy, or claim related to AWG’s Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or AWG (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Dispute(s) expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve Dispute(s) by and through informal negotiations, Dispute(s) will be final (except those Dispute(s) expressly excluded below) and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Wyoming.

Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, and/or enter judgment on the award entered by the arbitrator.

If for any reason Dispute(s) proceed in court rather than arbitration, the Dispute(s) shall be commenced and/or prosecuted in the State and/or Federal Court located in Wyoming, United States of America. The Parties hereby consent to, and/or waive all defenses of lack of personal jurisdiction, forum non conveniences with respect to venue and jurisdiction in such State and/or federal Court. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to AWG’s Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal and/or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the Courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that Court.

Restrictions

The Parties agree that any arbitration shall be limited to Dispute(s) between the Parties individually. To the fullest extent permitted by law,

(a) no arbitration shall be joined with any other proceeding;

(b) there is no right and/or authority for any Dispute to be arbitrated on a class-action basis and/or to utilize class action procedures; and

(c) there is no right and/or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public and/or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Dispute(s) are not subject to the above provisions concerning informal negotiations binding arbitration:

(a) any Dispute(s) seeking to enforce, protect, or concerning the validity of any the intellectual property rights of a Party;

(b) any Dispute(s) related to, or arising from, allegations of theft, piracy, invasion of privacy, and/or unauthorized use; and

(c) any claim for injunctive relief. If this provision is found to be illegal and/or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal and/or unenforceable and such Dispute(s) shall be decided by a court of competent jurisdiction within the Courts listed for jurisdiction above and the Parties agree to submit to the personal jurisdiction of that Court.

 

18. CORRECTIONS

There may be information on AWG’s Services that contains scrivener error(s), typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. AWG’s reserves the right to correct any errors, inaccuracies, or omissions and/or to change or update the information on AWG’s Services at any time, without prior notice.

 

19. DISCLAIMER

AWG’s SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF AWG’s SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AWG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH AWG’s SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AWG MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY AND/OR COMPLETENESS OF AWG’s SERVICES CONTENT AND/OR AWG’s CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO AWG’s SERVICES AND AWG WILL ASSUME NO LIABILITY AND/OR RESPONSIBILITY FOR ANY

(1) ERRORS, MISTAKES, AND/OR INACCURACIES OF CONTENT AND/OR MATERIALS,

(2) PERSONAL INJURY AND/OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF AWG’s SERVICES,

(3) ANY UNAUTHORIZED ACCESS TO AND/OR USE OF AWG’s SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM AWG’s SERVICES,

(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO AND/OR THROUGH AWG’s SERVICES BY ANY THIRD PARTY, AND/OR

(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS AND/OR DAMAGE(S) OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA AWG’s SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, AND/OR ASSUME RESPONSIBILITY FOR ANY PRODUCT AND/OR SERVICE(S) ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH AWG’s SERVICES, ANY HYPERLINKED WEBSITE, AND/OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER AND/OR OTHER ADVERTISING, AND AWG WILL NOT BE A PARTY TO OR IN ANY WAY, MADE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR ANY THIRD-PARTY PROVIDERS OF PRODUCTS AND/OR SERVICES. AS WITH THE PURCHASE OF PRODUCT(S) AND/OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL AWG OR AWG’s DIRECTORS, EMPLOYEES, AND/OR AGENTS BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, AND/OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, AND/OR OTHER DAMAGES ARISING FROM YOUR USE OF AWG’s SERVICES, EVEN IF AWG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AWG’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO AWG DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00 USD. CERTAIN USA STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND/OR THE EXCLUSION AND/OR THE LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME AND/OR ALL OF THE ABOVE DISCLAIMERS AND/OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

21. INDEMNIFICATION

You agree to defend, indemnify, and hold AWG harmless, including AWG’s subsidiaries, affiliates, and/or all of AWG’s respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, and/or demand, including reasonable attorneys’ fees and expenses, made by any third party due to and/or arising out of:

(1) Use of AWG’s Services;

(2) Breach of AWG’s Legal Terms;

(3) Any breach of your representations and/or warranties set forth in AWG’s Legal Terms;

(4) Your violation of the rights of a third party, including but not limited to, intellectual property rights; and/or

(5) Any overt harmful act toward any other user of AWG’s Services with whom you connected via AWG’s Services.

Notwithstanding the foregoing, AWG reserves the right, at your expense, to assume the exclusive defense and/or control of any matter for which you are required to indemnify AWG, and you agree to cooperate, at your expense, with AWG’s defense of such claims. AWG will use reasonable efforts to notify you of any such claim, action, and/or proceeding for which is subject to this indemnification upon becoming aware of it.

 

22. USER DATA

AWG will maintain certain data that you transmit to AWG’s Services for the purpose of managing the performance of AWG’s Services, as well as data relating to your use of AWG’s Services. Although AWG performs regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using AWG’s Services. You agree that AWG shall have no liability to you for any loss and/or corruption of any such data, and you hereby waive any right of action against AWG arising from any such loss or corruption of such data.

 

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting AWG’s Services, sending AWG emails, and/or completing online form(s) constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and/or other communications AWG provides to you electronically, via email and on AWG’s Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED AND/OR COMPLETED BY AWG OR VIA AWG’s SERVICES. You hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature and/or delivery and/or retention of non-electronic records, and/or to payments and/or the granting of credits by any means other than electronic means.

 

24. CALIFORNIA USERS AND RESIDENTS

If any complaint with AWG is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market BIvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

25. MISCELLANEOUS

AWG’s Legal Terms and any policies and/or operating rules posted by AWG on AWG’s Services and/or in respect to AWG’s Services constitutes the entire agreement and understanding between you and AWG.

AWG’s failure to exercise and/or enforce any right and/or provision of AWG’s Legal Terms shall not operate as a waiver of such right and/or provision. AWG’s Legal Terms operate to the fullest extent permissible by law. AWG may assign any and/or all of AWG’s rights and obligations to others at any time. AWG shall not be responsible and/or liable for any loss, damage, delay, and/or failure to act caused by any cause beyond AWG’s reasonable control. If any provision and/or part thereof pertaining to AWG’s Legal Terms is determined to be unlawful, void, and/or unenforceable, that provision, or part thereof, is deemed severable from AWG’s Legal Terms and does not affect the validity and/or enforceability of any remaining provisions. There is no joint venture, partnership, employment and/or agency relationship created between you and AWG as a result of AWG’s Legal Terms and/or use of AWG’s Services. You agree that AWG’s Legal Terms will not be construed against AWG by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of AWG’s Legal Terms and the lack of signing by the parties hereto to execute AWG’s Legal Terms.

 

26. CONTACT US

In order to resolve a complaint regarding AWG’s Services or to receive further information regarding the use of thereof, please contact AWG at:

Amish Wholesale Gazebos & More LLC
1118 Bleistein Ave
Cody, WY 82414
United States of America; or

Phone: (503) 780-5661
amishwg@gmail.com