Terms of service
Terms and Conditions of Website Use Ameshop
1. Introduction.
The domain name https://us.ameshop.com (the “Website”) is operated and managed by Innovasport USA
(ECOM), LLC (“Innovasport”) under Club de Futbol America, S.A. de C.V. (“Club America”)
license and instructions and collectively referred as “Ameshop”.
These Terms and Conditions of Use (these “Terms”) contain the rules and restrictions that
govern your use of our Services, and constitute a binding agreement between you and us.
Please read these Terms, as well as our Privacy Statement, carefully. They contain important
information about the products and/or Services provided to you and our use of certain
information.
By using or accessing our Website and interacting with our digital operations, you signify
your consent to these Terms and our Privacy Statement. If you do not agree to these Terms
and Privacy Statement, you may not use or access the Website in any manner.
We reserve the right, at our discretion, to change, modify, add or remove portions of these
Terms at any time. Please check these Terms periodically for changes. Your continued
access or use of the Website following the posting of changes to these Terms (including our
Privacy Statement) constitutes your agreement to them.
2. Restrictions on use of materials.
The Website are owned and operated by Innovasport under Club America ́s license and
instructions . Except as otherwise permitted by these Terms, no material from the Website
may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may print one hard copy or download one copy of the
materials on any single computer for your personal, noncommercial home use, or to place
an order to purchase product from Ameshop, provided you keep intact all copyright and
other proprietary notices.
Use of the materials for any other purpose, modification of the materials, or use of the
materials on any other website or networked computer environment is strictly prohibited.
Absolutely no framing of this Website is permitted without the prior written consent of
Ameshop. You may not copy, decompile, reverse engineer, disassemble, or attempt to
derive the source code of, modify, or create derivative works of the Website, any updates,
or any part thereof. Except as expressly stated in this legal notice, no right or license to the
materials, or any portion thereof, shall be granted or implied.
3. Accounts.
You may be required to create and account and specify password to use certain features on
our Website. You agree to provide, maintain and update true, accurate, current and complete
information about yourself as prompted by the registration processes. You may not
impersonate any person or entity or misrepresent your identity or affiliation with any person
or entity, including using another person’s username, password, or other account
information.
You are entirely responsible for maintaining the confidentiality of your password and your
account, and you are entirely responsible for all activity made by you or anyone that uses
your account. You agree to safeguard your password from access by others.
Ameshop shall not be responsible for any loss that results from the unauthorized use of your
password, with or without your knowledge, and you agree to indemnify and hold harmless
Ameshop for losses incurred by Ameshop or another party due to someone else using your
account as a result of your failure to use reasonable care to safeguard your password.
4. Website Monitoring.
We and our service providers may use cookies, beacons, pixel tags, log files, or other
technologies to automatically collect certain information when you use our Website. A cookie
is a small data file that is sent to your browser from a web server and stored on your
computer’s hard drive. The information that we and our providers collect through cookies
and other technologies, along with information that we share with them, enables us or our
providers to recognize you or your device and to serve ads to you or your device. For
example, these technologies may allow us to automatically collect information such as your
IP address, geolocation data, unique user ID, device ID, mobile ad identifiers, browser type
and version, character set, screen size and color, language, cell phone model, operating
system and version, carrier and internet service provider. This information: (a) allows us to
accurately and properly pay for ads placed on our behalf (e.g., an ad that led you to purchase
one of our products) and get paid when you see and ad on our Website; (b) helps prevent
you from repeatedly seeing the same ads; (c) helps select and display targeted ads or other
content on your computer or device (such as on a site or social networking service you are
visiting or a mobile application you are using) that may be of interest to you; and (d) helps
us measure and analyze interactions with our ads and Website.
We also may collect information about your use of our Website, such as the time you spend
using the Website, the number of times you return, whether you click-through, open, or
forward links, emails, and ads, and other Website usage data. These technologies such as
cookies, also allow us to keep track of your order as you shop on our Website, to make our
Website better, to enable our Website to function, to maintain your preferences and settings,
to provide enhance features, to combat fraud, to recognize registered users when they visit,
and to provide registered users with information and advertising that is more relevant to
them.
If you register with or order from us, we may also use cookies or other technologies to
monitor and maintain information about how you use our Website and what you buy.
If you do not register with or buy from us, we may also monitor and maintain information
about your use in order to improve your shopping experience and provide you with more
relevant content and advertising. Most web browsers are set to accept cookies by default. If
you prefer, you can usually choose to set your browser to remove or reject browser cookies.
Please note that if you choose to remove or reject cookies, this could affect the availability
and functionality of our Website. This site uses cookies to help keep track of items you put
into your shopping cart including when you have abandoned your cart and this information
is used to determine when to send cart reminder messages.
5. Use of Services.
Impersonation of others, including a Ameshop employee or representative, or another user
or individual is prohibited.
You may not without the prior written permission of Ameshop, use any computer code, data
mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program,
algorithm or methodology having similar processes or functionality, or any manual process,
to monitor or copy any of the web pages, data or content found on this Website, or accessed
through this Website.
You may not engage in the mass downloading of files from the Website; use the computer
processing power of the Website for purposes other than those permitted above; or flood
the Website with electronic traffic designed to slow or stop its operation.
The Website are general purpose sites are not targeted towards children under the age of
thirteen (13). We do not permit children under 13 to have accounts.
Unless otherwise indicated, the Website are intended for US residents. Subject to your
compliance with these Terms, we grant you a personal, non-exclusive, non-transferrable,
limited privilege to access and use the Website solely for your personal, non-commercial
use. This privilege does not include any resale or commercial use of the Website. We may
revoke your access and use of the Website at any time (including if you violate these Terms),
and nothing herein constitutes a representation that the Website will be available to you for
your access or use.
6. Intellectual Property.
All trademarks, service marks, and trade names of Club America used herein (collectively
“Marks”) are trademarks or registered trademarks of Club America and is protected by U.S
and other copyright laws and international treaties. You may not use, copy, reproduce,
republish, upload, post, transmit, distribute, or modify Club America trademarks in any way,
including in advertising or publicity pertaining to distribution of materials on this Website,
without Club America ́s prior written consent. The use of Club America trademarks on any
other platform or network computer environment is not allowed.
All content included on the Website, such as text, graphics, code, button icons, widgets and
software, and the compilation of such content (i.e. collection, arrangement and assembly) is
the exclusive property of Innovasport and is protected by U.S. and other copyright laws and
international treaties. The content and software on the Website may be used only as a
shopping resource.
Any other use, including the reproduction, modification, distribution, transmission,
republication, display or performance, of the content on the Website is strictly prohibited. All
other product names contained in the Website are trademarks or registered trademarks of
their respective owners. The use or misuse of these trademarks except as expressly
authorized is prohibited. Ameshop enforces its intellectual property rights to the fullest extent
of the law.
You hereby agree that any information, including but not limited to remarks, suggestions,
ideas, graphics or other submissions, communicated to Ameshop through the Website
becomes the exclusive property of Ameshop and Ameshop is entitled to use the information
submitted for any purpose without restriction or compensation to you.
You represent that any submission you communicate to Ameshop is original to you and
accept sole responsibility for its accuracy, appropriateness and legality.
7. Third-Party Links
From time to time, this Website may contain links to other websites that are not owned,
operated, or controlled by Ameshop. All such links are provided solely as a convenience to
you. If you use these links, you will leave this Website. We are not responsible for any
content, materials, or other information located on or accessible from any other website. We
do not endorse, guarantee, or make any representations or warranties regarding any other
websites, any content, materials, or other information located or accessible from any other
websites, or the results that you may obtain from using any other websites. If you decide to
access any other websites linked to or from this Website, you do so entirely at your own risk.
8. Promotional Emails.
We may marketing offers by sending our periodic email messages to you. If you have
provided us with your email address you may receive these messages. You are not required
to sign up to receive our marketing email messages as a condition of making a purchase.
You can sign up to receive periodic promotional emails on our Website.
If you no longer wish to receive periodic marketing messages, you must notify us by
unsubscribing using the link at the bottom of our promotional emails, logging into your
account and indicating your notification preference in your Profile, or by emailing our team
at contactus@ameshop.com.
9. Warranty Disclaimer.
The services and products on the Website are provided “as is” and without warranties of any
kind, either expressed or implied. To the fullest extent permissible pursuant to applicable
law, Ameshop disclaims all warranties, expressed or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and non-
infringement.
Ameshop does not represent or warrant the functions contained in the Website will be
uninterrupted or error-free, that defects will be corrected, or that the Website or the server
makes it available are free of viruses or other harmful components. Ameshop does not
warrant or make any representations regarding the use or the results of the use of the
materials in the Website in terms of their correctness, accuracy, reliability or otherwise. You
(and not Ameshop) assume the entire cost of all necessary servicing, repair or correction.
10. Limitation of Liability and time for filing.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL AMESHOP AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR
DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE
INABILITY TO USE THE SERVICES OR LINKED TO THE WEBSITE, OR THE
PERFORMANCE OF THE PRODUCTS, EVEN IF AMESHOP OR AUTHORIZED
REPRESENTATIVES OF AMESHOP HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
YOU AND WE AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT
OF, OR RELATING TO, THE TERMS AND/OR YOUR USE OF THE SERVICES,
INCLUDING WITHOUT LIMITATION THE SITE, ANY PRODUCTS OR SERVICES SOLD
OR DISTRIBUTED BY OR THROUGH THE WEBSITE, OR CONTENT MUST BE
COMMENCED (BY SUBMITTING A NOTICE OF DISPUTE UNDER SECTION X OR, TO
THE EXTENT PROVIDED FOR IN THESE TERMS, FILING AN INDIVIDUAL SMALL
CLAIMS ACTION) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING
THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT OR
OMISSION GIVING RISE TO THE CLAIM OR IT IS WAIVED AND TIME BARRED; AND
THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED
WITHIN THAT TIME PERIOD. THIS SECTION APPLIES TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW.
11. Indemnification.
As a condition of use of the Website, you agree to indemnify, defend, and hold harmless
Ameshop, its officers, directors, employees, agents, licensors and suppliers (collectively, the
“Services Providers”) from and against any and all losses, expenses, damages and costs,
including reasonable attorney’s fees, resulting from your use of the Website, including any
claims alleging facts that if true would constitute a violation of these Terms or any activity
related to your account (including negligent or wrongful conduct) by you or any other person
accessing the Website using your account.
12. Product Orders.
All orders placed through the Website are subject to Ameshop acceptance. Ameshop may
refuse to accept or may cancel any order, whether or not the order has been confirmed, for
any or no reason, and without liability to you or anyone else. If your payment method has
already been charged for an order that is later cancelled, Ameshop shall issue you a refund.
13. Typographical errors.
We attempt to ensure that the information on this Website is complete, accurate, and current.
Despite our efforts, the information on this Website may occasionally be inaccurate,
incomplete, or outdated. We make no representation as to the completeness, accuracy, or
currency of any information on this Website.
We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or
omissions (including after an order was submitted and accepted). If a product sold is
mistakenly listed at an incorrect price, Ameshop reserves the right to refuse or cancel any
orders placed for the product listed at the incorrect price, whether or not the order has been
confirmed and your payment method charged. If your payment method has already been
charged for the purchase and your order is cancelled, Ameshop shall issue a credit to your
payment method account.
14. Force Majeure
Under no circumstances will Ameshop be held liable for any delay or failure in performance
due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control,
including, without limitation, strikes, labor disputes, riots, insurrections, civil disturbances,
war, labor or materials shortages, fires, floods, earthquakes, explosions, acts of God,
governmental actions, hardware failures, Internet failures, telecommunication equipment
failures, software failures, electrical power failures or other equipment failures, and orders
of domestic or foreign courts or tribunals.
15. Applicable Law.
These Terms referred to herein, and any allegations, disputes, claims, concerns, questions,
disagreements or controversies against Ameshop or to our Website or your use thereof, or
to any products on our Website (collectively, "Claims") are governed in all respects by the
laws of the State of Texas (but not by its choice of laws provisions) (the “Applicable Law”).
If any part of these Terms is determined by a court of competent jurisdiction to be unlawful,
void, or for any reason unenforceable, then that provision will be deemed severable and will
not affect the validity and enforceability of any remaining provisions. These Terms and any
written policies referenced herein or posted on our Website (including the Privacy Policy)
form the entire agreement between Ameshop and you relating to the subject matter hereof
and supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the subject matter
hereof. A printed version of these Terms will be admissible in judicial and administrative
proceedings based upon or relating to these Terms of Use to the same extent and subject
to the same conditions as other business documents and records originally generated and
maintained in printed form.
No waiver by either you or us of any term or condition set forth in these Terms will be deemed
a further or continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of ours to assert a right or provision under these Terms will not
constitute a waiver of such right or provision.
16. Claims Resolution.
We are available by email at contactus@ameshop.com to address any claims or concerns you may have regarding
your use of our Website. We strive to resolve most claims and concerns quickly in this
manner. You and we agree to attempt in good faith to resolve any claim, concern, question,
or disagreement directly through consultation and good faith negotiations, which will be a
precondition to either you or us initiating a lawsuit, except in such case where we are seeking
a temporary restraining order, injunctive relief, or other appropriate relief as stated below.
Any matter and/or claim relating in any way to your visit to or interaction with our Website,
including compliance with these terms of use, which is not so resolved will be submitted to
state or federal courts located in Texas.
By accessing and using the Website, you agree that jurisdiction and venue for any legal
proceeding directly or indirectly arising out of or relating to any claim will be in the state or
federal courts located in Texas.
Notwithstanding any provisions in this section 16, to the extent you have in any manner
violated or threatened to violate academy’s rights, we may seek a temporary restraining
order, injunctive relief, or other similar relief in the state courts of the state of Texas or the
United States district court for the southern district of Texas, and you consent to exclusive
personal jurisdiction and venue in such courts. You and Ameshop both waive your right to a
jury trial, unless such waiver is unenforceable.
17. Class Action Waiver.
You agree that all Claims must be resolved on an individual basis, and specifically that all
Claims will be brought by you individually, and not on behalf of or part of any class (a group
of claimants) or any consolidated or representative legal court. You also agree that you will
not participate in any consolidated, class, or representative court (whether they exist today
or occur in the future) relating to any Claim arising under these Terms or in connection with
our Website.
You agree that the Terms of this Section 17 will apply to any Claim you may wish to assert
against Ameshop.
18. Exclusions and limitations; Consumer protection notice.
If you are a consumer, the provisions in these Terms are intended to be only as broad and
inclusive as is permitted by the laws of your state of residence.
