These Terms and Conditions of Use (“Terms of Use”) apply to the web site www.amlexa.com (“Site”). The Site is the property of IT Legals Ltd (“ITL”), with registered office at 23, Level 1, Triq Giuseppe Calleja, MSD2270, Swatar, Msida (Malta), Reg. N. C67394, VAT N. MT22077612, E-mail info@itlegals.com.

By using the site, you agree to these terms of use; if you do not agree, do not use the site.

Please read these conditions carefully before using the Site. By using the Site, you signify your agreement to be bound by these conditions. When you use the Site, you will also be subject to the terms, guidelines and conditions applicable to that Site.

CONDITIONS OF USE

Subject to your compliance with these Conditions of Use and applicable Service Terms, ITL or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Site. This licence does not include any resale or commercial use of any ITL contents; any collection and use of any product listings, descriptions, or prices; any derivative use of ITL contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

ITL reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ITL grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

You may not extract and/or re-utilize parts of the content of the Site without ITL express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of the Site, without ITL express written consent.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ITL’s express prior written consent.

You may use information on ITL products and services purposely made available by ITL for downloading from the Site, provided that you not remove any proprietary notice, you use such information only for your personal and non-commercial informational purpose and you make no modifications to any such information.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. ITL reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any ITL server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ITL, including any ITL account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or ITL’s systems or networks, or any systems or networks connected to the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ITL on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property 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”.

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. ITL reserve the right (but not, in the absence of a valid notice form, the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on the Site contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information, please notify us by completing and submitting the notice form and we will respond.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ITL or others.

You may use the Site only as permitted by law. The licenses granted by ITL terminate if you do not comply with these Conditions of Use or any Service Terms.

INTELLECTUAL PROPERTY

All content included in or made available through the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of ITL or its content suppliers and is protected by copyright, authors’ rights and database right laws. The compilation of all content included in or made available through any the Site is the exclusive property of ITL and is protected by copyright and database right laws.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ITL, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

ITL’s trademarks and trade dress may not be used in connection with any product or service that is ITL’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ITL.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by ITL or its licensors, suppliers, publishers, rights holders, or other content providers.  You may not use any meta tags or any other “hidden text” utilizing ITL’s names or trademarks without our express written consent.

If you post reviews, comments, questions or answers, or other content generated by you for display on the Site, you grant ITL a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: the content and material is accurate; use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify ITL for all claims brought by a third party against ITL arising out of or in connection with the content and material you supply.

ITL LIABILITY

ITL will do our utmost to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. ITL will attempt to limit the frequency and duration of any such suspension or restriction.

ITL does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. the site and its content are delivered on an “as-is” and “as-available” basis. all information provided on the site is subject to change without notice. ITL cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features.

ITL disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any ITL services. you assume total responsibility for your use of the site and any linked sites. your sole remedy against ITL for dissatisfaction with the site or any content is to stop using the site or any such content.

The liability disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

ITL reserves, at any time and without notice, the right to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; to change the Site, or any portion of the Site, and any applicable policies or terms; to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Except where prohibited by law, in no event will ITL be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ITL has been advised of the possibility of such damages.

ITL will not be responsible for: losses that were not caused by any breach on our part, or any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Site.

If, notwithstanding the other provisions of these Terms of Use, ITL is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, ITL’s liability shall in no event exceed the greater of € 100.00.

You agree to indemnify and hold ITL, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against ITL by any third party due to or arising out of or in connection with your use of the Site.

If ITL does take any legal action against you as a result of your violation of these Terms of Use, ITL will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ITL. You agree that ITL will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

AMENDMENTS TO THE CONDITIONS OF USE

You agree that ITL may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ITL, for which monetary damages would be inadequate, and you consent to ITL obtaining any injunctive or equitable relief that ITL deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ITL may have at law or in equity.

You agree that ITL may, in its sole discretion and without prior notice, terminate your access to the Site.

ITL reserves the right to make changes to the Site, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Site. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

APPLICABLE LAW

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Malta. Any claim under these Terms of Use must be brought within three months after the cause of action arises, or such claim or cause of action is barred.

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between ITL and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and ITL with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and ITL with respect to such use are hereby superseded and cancelled.

ITL’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ITL of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between ITL and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The information contained in this web site is subject to change without notice.

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