TERMS AND CONDITIONS OF SERVICE
This Agreement describes the terms and conditions applicable to your use of all services from AmeriMex Communications Corporation’s (“AmeriMex”) websites. You acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement as well as any additional rules or policies that are or may be published by AmeriMex in the future. This Agreement in addition to any other rules and policies, make up the complete and exclusive Agreement between you and AmeriMex regarding your use of their services, and supersedes and governs all prior proposals, agreements, or other communications. AmeriMex shall not be liable for any cost, damage or tax arising either directly or indirectly from any AmeriMex transaction.
Modification of These Terms and Conditions of Service
AmeriMex reserves the right to change the terms, conditions, and notices under which this site is offered, including but not limited to any charges associated with the use of this website. Unless otherwise stated, all amendments will be effective immediately upon posting on this website. These terms and conditions may not be amended except in writing and signed by both parties.
These Terms and Conditions of Service are governed by and construed in accordance with the laws of the State of Georgia, U.S.A., excluding its conflict of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Service or use of the AmeriMex website shall be Fulton County, Georgia.
Definition of Terms
Definition of Terms "Destination Number" - The number the caller wishes to reach and that is entered when prompted by the system prompt after the customer dials the access number.
"Access Numbers" - AmeriMex provides either a local (1-678-255-8000) or toll-free (1-800-704-6144) number that is dialed by the caller bypassing his primary carrier and routing the call to AmeriMex. Once dialing the access number, the caller will be prompted to enter his destination number to complete the call. AmeriMex has no responsibility for charges a user may incur from his or her primary carrier. AmeriMex has the sole right to change or remove access numbers at any time without notice.
"Website" - The websites www.AmeriMex.com, www.usamillamada.com, agentes.amerimex.com, and agents.amerimex.com contain the specific prices and charges, service descriptions and other terms and conditions not set forth here that apply to AmeriMex service.
AmeriMex's services are only available to individuals who can form legally binding contracts under applicable law. Our services are not available to minors under the age of 18. If you do not wish to use our services, please do not use the website. AmeriMex may refuse services to anyone at any time at our discretion. To be an eligible user of AmeriMex's services you must provide to AmeriMex your name and telephone number. Your account will be terminated immediately without prior notice if you knowingly provide false information.
Call Detail Records
The customer agrees that AmeriMex's call detail records are conclusive evidence of the customer's use of its services and the charges payable. The customer accepts that use of the AmeriMex long distance service by any person making telephone calls from telephone number(s) registered to the customer or the PIN number, and the customer shall pay any charges arising from such use. Customers are advised not to disclose the account and PIN numbers to any third party service providers for similar services obtained by the customer. The customer is solely responsible for all third party providers’ bills for their use of services.
Misuse of Your Account
By accepting service from AmeriMex you agree not to misuse or engage in any illegal or unauthorized activity and that AmeriMex may terminate or suspend your account and status as a registered-user if you do.
As a customer of AmeriMex communication services you may not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene or illegal material and information.
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received consent.
- Upload files that contain viruses, corrupted files, or any other similar software or programs.
Consent to Receive SMS Text Messages
By using the AmeriMex service the customer consents to receive SMS text messages from AmeriMex and its authorized agents. Customers may decline to receive SMS text messages by notifying AmeriMex.
Links to Third Party Sites
The AmeriMex website may contain links to other websites ("Linked Sites"). The Linked Sites are not under our control and AmeriMex is not responsible for the contents of the Linked Sites. The Linked Sites are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by AmeriMex of the site or any association with its operators.
The information, software, products, and services included in or available through the AmeriMex website may include inaccuracies or typographical errors and changes are periodically made to the information herein. AmeriMex may make improvements and/or changes in the AmeriMex website at any time.
AmeriMex makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products and services contained on the AmeriMex web site for any purpose. To the extent permitted by applicable law, all such information, software, products and services are provided "as is" without warranty or condition of any kind. AmeriMex, its employees and agents hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall AmeriMex and/or its agents or employees be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this web site with the delay or inability to use the AmeriMex web site or related services. Additionally, AmeriMex is not responsible for the charges from the customer’s primary telecommunications carrier.
Customers are responsible for the payment of any taxes, whether federal, state or local.
The Customer agrees to release, indemnify, defend and hold harmless AmeriMex, its subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all claims, liabilities, losses, expenses, damages, and costs (including reasonable attorney's fees) that arise from: (1) any violation of these Terms and Conditions of Service by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit, or make available through the AmeriMex website; or (5) your use of our website.
Assignment of Service
AmeriMex reserves the right to assign all or part of our rights and duties under this agreement without notifying you. If AmeriMex elects to make such an assignment, we will have no further obligations to you under these Terms and Conditions of service or in connection with your purchase or use of AmeriMex products or services. The customer may not assign this agreement without AmeriMex’s prior written consent.
Expiration of Service
Your account balance does not expire. However, if there are no calls made with the account for 12 months, the account will become dormant and AmeriMex will stop providing service. Your account can be reactivated at any time by contacting AmeriMex customer service.
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that part shall be deemed severed and will not affect the validity and enforceability of any remaining provision.
Refunds on MI LLAMADA Pinless recharges are available during the first five (5) days of purchase. The refund amount will be any unused balance. If the customer purchased the MI LLAMADA recharge at an agent, they must visit the same agent to process the refund. There are no refunds on International Recharges. The customer is responsible in providing the correct destination number to the agent or on the website.
March 22, 2012.