Terms of Use

Ownership of Site

These Terms and Conditions of Use (the "Terms of Use") apply to Amalgia LLC’s web site www.amalgia.com and all related Squarespace pages (the “Site”). The Site’s contents are the property of Amalgia LLC.  

Agreement to Terms of Use

By using the Site, you agree to the following Terms of Use; if you do not agree, do not use the Site.

Amalgia LLC 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 for changes of these Terms of Use when you access the Site. 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, Amalgia LLC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, photographs, trademarks, logos, sounds, music, and artwork (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 Amalgia LLC, and is protected by copyright, trademark laws, and various other intellectual property rights and unfair competition laws.

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 (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Amalgia LLC’s express prior written consent.

Your Use of the Site

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. Violations will be treated as copyright infringement and may result in a Digital Millennium Copyright Act (DMCA) claim and other legal action.

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 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 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.

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

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 Amalgia LLC or others.

Accounts, Passwords, and Security

Certain features offered on or through the Site may require you to open an account (including setting up an ID and password).  You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Amalgia LLC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Amalgia LLC or any other user of or visitor to the Site due to someone else using your ID, password, or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s ID, password, or account at any time.  Amalgia LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Links to Other Sites and to Amalgia LLC’s Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Amalgia LLC’s control, and Amalgia LLC is not responsible for, and does not endorse, the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

Amalgia LLC does not promise that the Sire or any of its content or features 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 on the Site is subject to change without notice.  Amalgia LLC cannot ensure that any files or other data you download from the Site will be free of viruses, contamination, or destructive features.  Amalgia LLC disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Amalgia LLC 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.  You assume total responsibility for your use of the site and your application of information contained within. Your sole remedy against Amalgia LLC for dissatisfaction with the site or any content is to stop using the site and stop accessing any such content.

The above disclaimer applies to any damages, liability or injuries caused by any 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.

Amalgia LLC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) 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.

Limitation of Liability

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

Indemnity

You agree to indemnify and hold Amalgia LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Amalgia LLC by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

By using this Site, you agree that Amalgia LLC may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Amalgia LLC’s rights or property, or the rights or property of visitors to or users of the Site.  Amalgia LLC reserves the right at all times to disclose any information that Amalgia LLC deems necessary to comply with any applicable law, regulation, legal process or governmental request.

You acknowledge and agree that Amalgia LLC may preserve any transmittal or communication by you through the Site, and may also disclose such data if required to do so by law or Amalgia LLC determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of Amalgia LLC, users of or visitors to the Site, and the public.

You agree that Amalgia LLC 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, without limitation, that any of the following have occurred: (1) you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site; (2) you have requested your account be deleted; (3) discontinuance or a material modification of the Site; (4) unexpected technical issues or problem have arisen; or (5) any other reason in which harm to Amalgia LLC, Amalgia LLC’s property, or the public can be prevented.  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 Amalgia LLC, for which monetary damages would be inadequate, and you consent to Amalgia LLC obtaining any injunctive or equitable relief that Amalgia LLC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Amalgia LLC may have at law or in equity.

If Amalgia LLC does take any legal action against you as a result of your violation of these Terms of Use, Amalgia LLC 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 Amalgia LLC. You agree that Amalgia LLC 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.

Governing 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 the United States and by the laws of a State of Amalgia LLC’s choosing.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.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 shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Amalgia LLC shall be free to use such information on an unrestricted basis.