Terms of Service

Last updated on: October 29, 2019

1. Introduction

By using, browsing, contacting or requesting any services on our website www.am-languageservices.com (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us”, “I” and “AM Language Services” means the applicable AM Language Services.
The services offered by AM Language Services under the Terms of Service include various services buyers and clients. Any such services offered by AM Language Services are referred to in these Terms of Services as the “Services”. Any new services which are added to the current services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at www.am-languageservices.com/terms. AM Language Services reserves the right to update and change the Terms of Service by posting updates and changes to the AM Language Services website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using our Services and website.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including AM Languages’s Acceptable Use Policy and Privacy Policy.

2. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the Privacy Policy before you may become a AM Language Services client, and or customer.

  1. Technical support in respect of the Services is only provided to AM Language Services clients.
  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of New Jersey, and the laws of the Unites States of America applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
  3. You acknowledge and agree that AM Language Services may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on AM Language Services website, available at www.am-languageservices.com/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of our Services and website after the amended Terms of Service are posted to AM Language Service’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use our Services or website.
  4. You may not use the AM Language Services for any illegal or unauthorized purpose nor may you, in the use of our Services, violate any laws in your jurisdiction (including but not limited to copyright, trademark and patent laws), the laws applicable to you in your customer’s jurisdiction, or the laws of United States of America or The State of New Jersey. You will comply with all applicable laws, rules and regulations in your use of our Services and your performance of obligations under the Terms of Service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the AM Language Services website, use of our Services, or access to the Services without the express written permission by AM Language Services.
  6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use AM Language Services or AM Language Services trademarks and/or variations and misspellings thereof.
  7. Questions about the Terms of Service should be sent via AM Language Services Contact Page.
  8. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  9. You acknowledge and agree that your use of our Services, including information transmitted to or stored by AM Language Services, is governed by its privacy policy at www.am-languageservices.com/privacy
  10. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and AM Language Services Terms of Service available in another language, the most current English version of the Terms of Service at www.am-languageservices.com/terms will prevail.
  11. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. AM Language Services shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without AM Language Services prior written consent, to be given or withheld in AM Language Services sole discretion.
  12. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

3. AM Language Services Contracting Party

If your billing address is located within or outside of the United of America, this Section 3 (1) applies to you:

a)    “AM Language Services” means AM Language Services, a State of New Jersey Sole Proprietorship

b)    The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of New Jersey with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

4. AM Language Services Rights

  1. We reserve the right to modify or terminate our Services for any reason, without notice at any time. Not all Services are available in every jurisdiction and we are under no obligation to make any Services available in any jurisdiction.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Materials and suspend or clients if we determine in our sole discretion that the services requested or the Materials uploaded, violate our Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any AM Language Services client, AM Language Services employee, associate, or officer will result in immediate client termination.
  5. AM Language Services does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from our servers and deny our Services.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that AM Language Services employees and contractors may also be AM Language Services clients and that they may compete with you, although they may not use your Confidential in doing so.
  7. In the event of a dispute regarding material ownership, we reserve the right to request documentation to determine or confirm material ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
  8. AM Language Services retains the right to determine, in our sole judgment, rightful material ownership and transfer material to the rightful owner. If we are unable to reasonably determine the rightful material owner, without prejudice to our other rights and remedies, AM Language Services reserves the right to temporarily delete materials from our records until a resolution has been determined between the disputing parties.

5. Confidentiality

  1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. AM Language Services Confidential Information includes all information that you receive relating to us, or to our Services, that is not known to the general public including information related to our security program and practices.
  2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 5. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

6. Limitation of Liability

  1. You expressly understand and agree that, to the extent permitted by applicable laws, AM Language Services shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of our Services.
  2. To the extent permitted by applicable laws, in no event shall AM Language Services or any of our affiliates be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable), officers, directors, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference or your violation of any law or the rights of a third party.
  3. Your use of our Services is at your sole risk. Our Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. AM Language Services does not warrant that our Services will be uninterrupted, timely, secure, or error-free.
  5. AM Language Services does not warrant that the results that may be obtained from the use of our Services will be accurate or reliable.
  6. AM Language Services does not warrant that the quality of any services, information, or other materials obtained by you will meet your expectations, or that any errors in the Services will be corrected.

7. Waiver and Complete Agreement

The failure of AM Language Services to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and AM Language Services and govern your use of our Services, superseding any prior agreements between you and AM Language Services (including, but not limited to, any prior versions of the Terms of Service).

8. Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the Materials you provide to AM Language Services. All Materials you upload remains yours. You can request removal of all your materials from AM Language Services Servers by contacting AM Language Services at any time via our Contact Page.
  2. You retain ownership over all Materials that you upload and/or send to AM Language Services. However, you are responsible for compliance of the Materials with any applicable laws or regulations.
  3. AM Language Services shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your materials to promote the Service.

9. Payment of Fees

  1. You will pay the Fees applicable to the services requested and any other applicable fees, including but not limited to applicable fees.
  2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees until any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
  3. You are responsible for all applicable Taxes that arise from or as a result of your services requested of AM Language Services products and services.
  4. For the avoidance of doubt, all sums payable by you to AM Language Services under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. AM Language Services shall be entitled to charge the full amount of Fees stipulated under these Terms of Service ignoring any such deduction or withholding that may be required.
  5. AM Language Services does not provide refunds.

10. Cancellation and Termination

  • You may cancel our services and terminate the Terms of Service at any time by contacting AM Language Services via our Contact Page and then following the specific instructions indicated to you in AM Language Services response.
Upon termination of our Services by either party for any reason:
  1. AM Language Services will cease providing you with our Services.
  2. Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise.
  3. Any outstanding balance owed to AM Language Services for your use of our Services will immediately become due and payable in full.
  4. If at the date of termination of our Services, there are any outstanding Fees owed by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not receive another invoice.
  5. We reserve the right to modify or terminate our Services, the Terms of Service and as a client for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
  6. Fraud: Without limiting any other remedies, AM Language Services may suspend you as a client if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of our Services.

11. Modifications to the Service and Prices

  1. Prices for using our Services are subject to change upon 30 days’ notice from AM Language Services. Such notice may be provided by email at any time.
  2. AM Language Services reserves the right at any time, and from time to time, to modify or discontinue our Services with or without notice.
  3. AM Language Services shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our Services.

AM Language Services

Attn: Chief Privacy Officer

10-10 Fair Lawn Ave, Suite 1001

Fair Lawn, NJ 07410

United States

12. Third Party Services, Experts, and Experts Marketplace

  1. AM Language Services may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
  2. Any use by you of Third Party Services offered through the AM Language Services website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, AM Language Services may receive a revenue share from Third Party Providers that AM Language Services recommends to you or that you otherwise engage through your use of the AM Language Services website.
  3. We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that AM Language Services has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on AM Language Services website or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with AM Language Services. AM Language Services does not guarantee the availability of Third Party Services and you acknowledge that AM Language Services may disable access to any Third Party Services at any time in its sole discretion and without notice to you. AM Language Services is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. AM Language Services strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
  4. If you enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. AM Language Services is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
  5. Google Maps is a Third Party Service that is used within the Services. Your use of the Services is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service and Google Privacy Policy as it may be amended by Google from time to time.
  6. You acknowledge and agree that: (i) by submitting a request for services or other information through our website, you consent to being contacted by one AM Language Services at the client registered email address (or such other email address provided by you) and (ii) AM Language Services will receive all email communications exchanged or in any reply emails (each a “Reply”) that originate from directly or indirectly) between yourself and AM Language Services. 
  7. The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and AM Language Services is not obligated to intervene in any dispute arising between you and a Third Party Provider.
  8. Under no circumstances shall AM Language Services be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if AM Language Services has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
  9. You agree to indemnify and hold us and (as applicable) officers, directors, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

13. Feedback and Reviews

AM Language Services welcomes any ideas and/or suggestions regarding improvements or additions to our Services and/or website. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of our Services, Third Party Services or any Third Party Provider (collectively, “Feedback”) to AM Language Services be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to AM Language Services (whether submitted directly to AM Language Services or posted on any AM Language Services hosted forum or page), you waive any and all rights in the Feedback and that AM Language Services is free to implement and use the Feedback if desired, as provided by you or as modified by AM Language Services, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to AM Language Services must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. AM Language Services reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

14. Rights of Third Parties

Save for AM Language Services and its affiliates, AM Language Services clients or anyone accessing the AM Language Services website or Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.

15. Privacy & Data Protection

AM Language Services is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using our services, you acknowledge and agree that AM Language Services collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: 

(a)   You are established in the European Economic Area (EEA); 

(b)   You provide goods or services to customers in the EEA; or 

(c)   You are otherwise subject to the requirements of the EU General Data Protection Regulation, AM Language Services collection and use of personal information of any European residents is also subject to our Privacy Policy

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