TERMS AND CONDITIONS
Welcome to AmericanShiz.com. AmericanShiz.com owned and operated by MiMerica, LLC ("AmericanShiz") provides website features and other products and services to you when you visit or shop at AmericanShiz.com or use products or services purchased on or through to AmericanShiz.com, in connection with any of the foregoing (collectively, "AmericanShiz Services"). AmericanShiz provides the AmericanShiz Services subject to the following conditions.
By using AmericanShiz Services, you agree to these conditions. Please read them carefully.
We offer a wide range of AmericanShiz Services, and sometimes additional terms may apply. When you use an AmericanShiz Service you also will be subject to the guidelines, terms and agreements applicable to that AmericanShiz Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of AmericanShiz Services, to understand our practices.
When you use any AmericanShiz Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other AmericanShiz Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any AmericanShiz Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of AmericanShiz or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any AmericanShiz Service is the exclusive property of AmericanShiz and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any AmericanShiz Service are trademarks or trade dress of AmericanShiz in the U.S. and other countries. AmericanShiz 's trademarks and trade dress may not be used in connection with any product or service that is not AmericanShiz's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AmericanShiz. All other trademarks not owned by AmericanShiz that appear in any AmericanShiz Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AmericanShiz or MiMerica, LLC.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, AmericanShiz or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the AmericanShiz Services. This license does not include any resale or commercial use of any AmericanShiz Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any AmericanShiz Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by AmericanShiz or its licensors, suppliers, publishers, rightsholders, or other content providers. No AmericanShiz Service, nor any part of any AmericanShiz Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AmericanShiz. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AmericanShiz without express written consent. You may not use any meta tags or any other "hidden text" utilizing AmericanShiz's name or trademarks without the express written consent of AmericanShiz. You may not misuse the AmericanShiz Services. You may use the AmericanShiz Services only as permitted by law. The licenses granted by AmericanShiz terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any AmericanShiz Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AmericanShiz does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the AmericanShiz Services only with involvement of a parent or guardian. Alcohol listings on AmericanShiz are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. AmericanShiz reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. AmericanShiz reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant AmericanShiz a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AmericanShiz and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AmericanShiz for all claims resulting from content you supply. AmericanShiz has the right but not the obligation to monitor and edit or remove any activity or content. AmericanShiz takes no responsibility and assumes no liability for any content posted by you or any third party.
AmericanShiz respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please e-mail us at _________________________.
RISK OF LOSS
All items purchased from AmericanShiz are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our or our affiliate’s delivery to the carrier.
RETURNS, REFUNDS AND TITLE
AmericanShiz does not take returns or refund items purchased on AmericanShiz.com, if our affiliates or suppliers do take returns or give refunds for any specific product sold on or through an AmericanShiz related website, you must follow such affiliate’s or supplier’s return policy.
AmericanShiz attempts to be as accurate as possible. However, AmericanShiz does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any AmericanShiz related website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
With respect to items sold by AmericanShiz, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by AmericanShiz is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Parties other than AmericanShiz operate stores, provide services, or sell product lines through the AmericanShiz Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. AmericanShiz does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE AMERICANSHIZ SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMERICANSHIZ SERVICES ARE PROVIDED BY AMERICANSHIZ ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AMAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AMERICANSHIZ SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMERICANSHIZ SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AMERICANSHIZ SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AMERICANSHIZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMERICANSHIZ DOES NOT WARRANT THAT THE AMERICANSHIZ SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMERICANSHIZ SERVICES OR ELECTRONIC COMMUNICATIONS SENT FROM AMERICANSHIZ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMERICANSHIZ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AMERICANSHIZ SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AMERICANSHIZ SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any AmericanShiz Service, or to any products or services sold or distributed by AmericanShiz or through AmericanShiz.com will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Warren Morten, 19200 Von Karman Ave, 4th floor, Irvine CA 92612. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Likewise, AmericanShiz will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. All Arbitrations will be venued on Orange County, California; unless you choose to have the arbitration conducted by telephone or based on written submissions.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any AmericanShiz Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and AmericanShiz.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, if any, posted on this site. Policies may be added and or amended at any time without notice. These policies also govern your use of AmericanShiz Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
19200 Von Karman Ave
Irvine, CA 92612
How to Serve a Subpoena
If you have a subpoena to serve on AmericanShiz, please note that AmericanShiz does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on AmericanShiz.com. Please find below the California address for our Agent of service of process:
c/o Warren Morten
19200 Von Karman Ave
Irvine, CA 92612
Attn: Legal Department - Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint via USPS or any national overnight delivery service to the address listed below. We respond quickly to the concerns of rights owners about any alleged infringement.
You must include the following:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- 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;
- 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.
AmericanShiz's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
c/o Warren Morten
19200 Von Karman Ave
Irvine, CA 92612
Please note that this procedure is exclusively for notifying AmericanShiz that your copyrighted material has been infringed.