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Effective Date: August 1, 2022
Please note that our Americano Offerings (as defined below) are under constant development. New services are added frequently, and these Terms and Conditions of Service may therefore be modified and updated on an ongoing basis. It is important to check back to this page regularly.
By using any part of the Americano Offerings, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them. As a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with Americano. Paragraph 15 of these Terms and Conditions includes a provision binding you to arbitration of any dispute you may have with respect to your use of the Americano Offerings, pursuant to which you relinquish your right to bring an action in court and to a jury trial, although Americano retains the option to arbitrate or to bring an action in court. Specific reference is made to that provision, to which you agree by using any part of the Americano Offerings.
FULL DISCLAIMER (Health-related content and affiliated medical sites): ALL INFORMATION PRESENTED IN THE AMERICANO OFFERINGS AND VIA E-MAIL AND ANY PUBLICATION OR VIDEO PRESENTATION IS GENERIC, NONSPECIFIC AND FOR GENERAL INFORMATIONAL PURPOSES ONLY. ANY MEDICALLY-RELATED INFORMATION, INCLUDING (WITHOUT LIMITATION) RESPONSES TO INDIVIDUAL AND OTHER READER QUESTIONS, IS NOT PROVIDED BY A PERSONAL HEALTH PROFESSIONAL, DOES NOT CONSTITUTE SPECIFIC MEDICAL ADVICE FOR ANY INDIVIDUAL AND IS FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PRESENTED IN THE AMERICANO OFFERINGS SHOULD BE CONSTRUED AS MEDICAL CONSULTATION, DIAGNOSES OR INSTRUCTION. ANY ACTION YOU TAKE ON THE BASIS OF THIS INFORMATION IS SOLELY AT YOUR OWN RISK AND EXPENSE. READERS ARE ADVISED TO CONSULT A HEALTH PROFESSIONAL ABOUT ANY ISSUE REGARDING THEIR HEALTH AND WELL-BEING. The opinions expressed in the Americano Offerings do not necessarily reflect those of Americano Media Group, LLC.
FULL DISCLAIMER (Financial-related content and affiliated sites): ALL INFORMATION PRESENTED IN THE AMERICANO OFFERINGS AND VIA E-MAIL AND ANY PUBLICATION OR VIDEO PRESENTATION DISCUSSED THEREIN ARE INTENDED SOLELY FOR INFORMATIONAL PURPOSES AND ARE NOT TO BE CONSTRUED, UNDER ANY CIRCUMSTANCES, BY IMPLICATION OR OTHERWISE, AS AN OFFER TO SELL OR A SOLICITATION TO BUY OR SELL OR TRADE IN ANY COMMODITIES, SECURITIES, OR CURRENCIES HEREIN NAMED. INFORMATION IS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, BUT IS IN NO WAY GUARANTEED. NO GUARANTEE OF ANY KIND IS IMPLIED OR POSSIBLE WHERE PROJECTIONS OF FUTURE CONDITIONS ARE ATTEMPTED. IN NO EVENT SHOULD THE CONTENT BE CONSTRUED AS AN EXPRESS OR IMPLIED PROMISE, GUARANTEE OR IMPLICATION BY OR FROM THE SERVICES, AMERICANO OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER AGENTS THAT YOU WILL PROFIT OR THAT LOSSES CAN OR WILL BE LIMITED IN ANY MANNER WHATSOEVER. SOME RECOMMENDED TRADES MAY INVOLVE SECURITIES HELD BY OUR OFFICERS, AFFILIATES, EDITORS, WRITERS OR EMPLOYEES, AND INVESTMENT DECISIONS MAY BE INCONSISTENT WITH OR EVEN CONTRADICTORY TO THE DISCUSSION OR RECOMMENDATION IN THE SERVICE. PAST RESULTS ARE NO INDICATION OF FUTURE PERFORMANCE. ALL INVESTMENTS ARE SUBJECT TO RISK, WHICH SHOULD BE CONSIDERED PRIOR TO MAKING ANY INVESTMENT DECISIONS. CONSULT YOUR PERSONAL INVESTMENT ADVISERS BEFORE MAKING AN INVESTMENT DECISION. THE AMERICANO OFFERINGS PROVIDE GENERALIZED FINANCIAL INFORMATION DESIGNED TO EDUCATE A BROAD SEGMENT OF THE PUBLIC; IT DOES NOT GIVE PERSONALIZED INVESTMENT, TAX, LEGAL OR OTHER BUSINESS AND PROFESSIONAL ADVICE. FOR PRIVACY PROTECTION, ABBREVIATED OR FICTITIOUS NAMES WERE USED FOR SOME OF THE INDIVIDUALS MENTIONED IN THE AMERICANO OFFERINGS AND ANY REPORT OR PUBLICATION. The opinions expressed in the Americano Offerings do not necessarily reflect those of Americano Media Group, LLC.
Terms and Conditions
1. Grant of License. These Terms and Conditions provide you with a personal, revocable, non-exclusive, non-transferable license to use the Americano Offerings conditioned on your continued compliance with these Terms and Conditions.
In the event that you fail to comply with these Terms and Conditions, Americano shall be entitled to terminate this license granted to you with immediate effect and without notice, including removing your ability to access or use the Americano Offerings or Other Agreement you may have. Americano reserves the right, at any time and in its sole discretion, (a) to block traffic or other access to the Americano Offerings, whether or not directly or through third party links or postings and (b) to block or remove your use of a link to the Americano Offerings.
Except as set forth herein, nothing in these Terms and Conditions is intended to confer any benefit on any third party (whether such benefit would have arisen under any applicable law or regulation or otherwise) and no term will be enforceable by any third party.
2. Intellectual Property Rights; Right to Use; Modification of Americano Offerings.
(a) The Americano Offerings, including their layout and design, are protected by United States trademark and copyright law and other applicable law and are the exclusive property of Americano or its licensors (except as otherwise identified) and, except as expressly provided herein, Americano does not grant any express or implied right in any such materials to you. In particular and without limitation, Americano owns the copyright in the Americano Offerings as a collective work and/or compilation. Americano also owns the copyright on, or holds a license for, any and all databases accessible on the Americano Offerings and in the selection, coordination, arrangement, aggregation and enhancement of the content of the Americano Offerings. Americano is entitled to use all such databases and User Materials (as defined in Paragraph 11, below) for such purposes not inconsistent with these Terms and Conditions or any other of our agreements with you. You may, on an occasional and irregular basis, print and download materials and information from the Americano Offerings solely for personal and non-commercial use, or, only to the extent permitted by an Other Agreement, for internal business use, provided that you comply with these Terms and Conditions with respect to any copyright or other proprietary notices contained in such materials and information. All copyrights and trademarks not the property of Americano that are used or referred to in the Americano Offerings are the property of their respective owners, and may be subject to other or additional restrictions.
(b) If you believe that any of the Americano Offerings is infringing copyrights or other intellectual property rights held by you or by someone on whose behalf you are authorized to act, please follow the steps described on Americano’s Contact Information page.
(c) The Americano Media logo, and all other names, logos, and icons identifying Americano and/or Americano products and services are proprietary marks of Americano or its licensors. Third party product and company names mentioned herein are the trademarks of their respective owners.
(d) The components, data, and features of the Americano Offerings may be added to, modified, suspended, or discontinued by Americano without notice, and you agree that Americano shall not be liable to you or to any third party for any addition, modification, suspension, or discontinuance of the Americano Offerings or any part thereof.
3. Restrictions on Use of the Americano Offerings. YOU AGREE TO USE THE AMERICANO OFFERINGS SOLELY FOR YOUR OWN NONCOMMERCIAL USE AND BENEFIT, AND TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH IN THE AMERICANO OFFERINGS. You may not and you hereby warrant and agree that you will not make any attempt to or, actually, use the Americano Offerings for any illegal purpose or in any manner inconsistent with these Terms and Conditions, any Purchase/Subscription Agreement or Other Agreement, or our RSS Policy(for the limited use of headlines and summaries), including (without limitation):
(a) To sell, resell or otherwise transfer or dispose to, or to be used by or for the benefit of, any other person or entity;
(b) To use, transfer, distribute, or dispose of any information contained in the Americano Offerings in any manner that could compete with the business of Americano or any of its sponsors;
(c) To modify, create derivatives of, copy, reproduce, recompile, reverse compile, decompile, disassemble, reverse engineer, distribute, broadcast, publish, display, broadcast, modify, upload to, create derivative works or construct a database from, license, transfer, sell, transmit, mirror, frame, “deep link”, “scrape”, data mine, translate, or in any way use or exploit all or any part of the Americano Offerings (including, without limitation, to collect any information about other users of Americano Offerings, including registration information, passwords, accounts or other information; systematically to extract data contained in the Americano Offerings; or to post any content from the Americano Offerings to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites), except that you may, on an occasional and irregular basis, print and download material from the Americano Offerings, provided that you retain all copyright and other proprietary notices and comply in all respects with these Terms and Conditions or our RSS Policy;
(d) To use the Americano Offerings or the information contained therein, including Americano’s trademarks, trade names, service marks, copyrights, or logos, to make or as part of unsolicited mailings or spam material. YOU MAY NOT USE ANY OF AMERICANO’S OR ANY THIRD PARTY’S TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH ITEMS BELONG TO OR ARE ASSOCIATED WITH YOU OR, EXCEPT AS OTHERWISE PROVIDED HEREIN, ARE USED WITH AMERICANO’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF SUCH ITEMS;
(e) To upload, post or send any information or content that (i) is unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable, (ii) constitutes or is comprised of any commercial, promotional, or solicitation information or (iii) as more fully described in Paragraph 11, infringes on the rights of others, including (without limitation) intellectual property rights, rights of publicity or privacy, etc.;
(f) To harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
(g) To disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
(h) To purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
(i) To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(j) To express or imply that any statements you make are endorsed by us;
(k) To remove any copyright, trademark or other proprietary rights notices contained in the Americano Offerings;
(l) To disrupt, impair or interfere with the Americano Offerings; and
(m) To improve the quality of any data sold or contributed by you to any third party.
Americano reserves the right to deny access to users of the Americano Offerings at any time and in its sole discretion, including users who infringe the rights of other users or commit illegal acts or violate these Terms and Conditions. We may investigate into, deny, restrict, or suspend your access to all or any part of the Americano Offerings at any time, without warning for any or no reason (including, without limitation, if you do any of the foregoing things), with or without prior notice or explanation, and without liability – and even take legal action if needed. If you believe that someone is using any of the Americano Offerings in violation of the above restrictions, please follow the steps described on Americano’s Contact Information page.
5. RSS Policy. Americano offers free headlines for personal, non-commercial use via Really Simple Syndication (RSS 2.0) (“RSS”) and via code provided to third party sites that request to join the Americano Feed Network (collectively with RSS, the “Feeds”). The Feeds make for easy sharing of news headlines and summaries for use in your favorite personal home page, news readers and Web logs (blogs). These Feeds include links to the most recent articles found on Americano.com and affiliated websites, and they update automatically.
(a) To use our news feeds, you will need a RSS news reader or personalized home page such as AOL, Google, MSN, or Yahoo!.
(b) When using the Feeds in accordance with these Terms and Conditions, we ask that you provide attribution to Americano Media or the relevant affiliated website.
(c) Any uses of the Feeds not granted herein are strictly prohibited. Prohibited uses include, but are not limited to, the incorporation of advertising or the placement of advertising associated with or targeted at the content of the Feeds. You may not edit or modify the Feeds in any manner whatsoever. Feeds may be used only with platforms with a functional link which takes the viewer directly to the full article on the Sites. You may not insert any intermediate page, splash page or any other content between the Feed link and the applicable article on the Sites. Americano retains all ownership and other rights in the Feed content and in any and all Americano logos and trademarks used in connection with the Feeds.
Americano reserves the right to cease offering any or all of the Feeds at any time or to require you to cease distributing any or all of the Feeds at any time for any reason. Americano assumes no liability for your activities in connection with the Feeds or for your use of the Feeds in connection with your website.
6. Mobile Text Summary Terms & Conditions. Our mobile text messages are intended for recipients over the age of 13 and are delivered via short code. Message & Data Rates May Apply.
You consent to receive text (via short code) by Americano Media with offers and other info up to 1 message per day. The wireless carriers are not liable for delayed or undelivered messages.
All subscribers have the ability to unsubscribe or change their personal subscription settings at any time.
Contact information for texting groups will not be shared to third parties.
To unsubscribe for Mobile Text from Short Code: Text STOP to the short code number that you do not wish to receive messages from. If you wish to re-optin, simply text the keyword again to the short code. Message and data rates may apply.
Americano can also collect your mobile number when you text mobile keyword to Americano short code. Certain SMS text features enable the collection of name, email address, or other customized information by asking you to reply via SMS texts with specific information. NOTE: Message and data rates may apply.
8. Assumption of Risk. You use the Internet and the Americano Offerings solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Americano has endeavored to create secure and reliable websites, please be advised that the confidentiality of any communication or material transmitted to/from a website over the Internet cannot be guaranteed. Accordingly, Americano and its licensors and sponsors are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained in the Americano Offerings, or for the consequences of any reliance on such information.
9. Links to Other Websites. Americano may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services. These websites have not necessarily been reviewed by Americano and are maintained by third parties over which Americano exercises no control. Accordingly, Americano expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third party websites, or whether those websites comply with applicable laws and regulations. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party. By accessing those websites, you may be bound by their terms and conditions. You will need to make your own independent judgment regarding your interaction with these third party websites and may wish to review their terms and conditions.
10. Events Beyond Americano’s Control. You expressly absolve and release Americano and its licensors and sponsors from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, power outages or third party service providers, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions. Americano and its licensors and sponsors shall have no liability for interruptions or omissions in Internet, network or hosting services. YOU ACKNOWLEDGE THAT NEITHER AMERICANO NOR ITS THIRD PARTY PROVIDERS CONTROL YOUR EQUIPMENT OR THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES PROVIDED HEREUNDER MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES, INCLUDING SEARCH ENGINES. AMERICANO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DATA LOSS, CONTENT CORRUPTION, PACKET LOSS, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
11. DISCLAIMERS. Americano obtains all information furnished on or provided by the Americano Offerings from sources believed by it to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, the Americano Offerings and all related materials, services and information are provided on an “as is” and “as available” basis without representation or warranty of any kind. AMERICANO AND ITS LICENSORS AND SPONSORS MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE AMERICANO OFFERINGS OR ANY RELATED MATERIALS, SERVICES OR INFORMATION. Americano makes no representation that materials in the Americano Offerings are appropriate or available for use in any particular location, and access to them from territories where any of the contents of a website are illegal is prohibited. If you choose to access any of the Americano Offerings from any such location, you do so on your own volition and are responsible for compliance with any applicable local laws. You agree and acknowledge that no oral or written information or advice given by Americano or any of its employees or agents in respect to the Americano Offerings shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms and Conditions by a written agreement. FURTHER, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR PROVIDED BY THE AMERICANO OFFERINGS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THE AMERICANO OFFERINGS ARE UNAVAILABLE. MOREOVER, AMERICANO MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE AMERICANO OFFERINGS, OR TO THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THE AMERICANO OFFERINGS AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE IN THE AMERICANO OFFERINGS.
UNDER NO CIRCUMSTANCES WILL AMERICANO OR ITS LICENSORS OR SPONSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF AMERICANO OR ITS LICENSORS OR SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED BY LAW, AMERICANO AND ITS LICENSORS AND SPONSORS DISCLAIM LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGES BASED ON YOUR USE OF THE AMERICANO OFFERINGS. Americano is not liable for any damage arising from any infection by computer viruses, Trojan Horses and other malicious code which may result from your use of the Americano Offerings, so you should ensure that you use adequate, up to date, anti-virus software. Americano also assumes no responsibility or liability arising from the Americano Offerings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Americano Offerings. In addition, although we make a good faith effort to update the Americano Offerings periodically, we do not have a duty to update information contained in the Americano Offerings, and we will not be liable for any failure to update such information.
12. Indemnity. You agree to indemnify, defend and hold harmless Americano, its licensors and sponsors, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of the Americano Offerings or any breach by you of these Terms and Conditions.
13. User Materials. The following terms shall apply to content submitted by users on Americano Offerings:
(a) The Americano Offerings may contain comment sections, discussion forums, or other interactive features in which you may submit, post or upload user-generated content, including but not limited to comments, video, photos, messages, ideas, suggestions, information, know-how, articles, blogs, and other materials or items (collectively, “User Materials”). By submitting User Materials to Americano or on Americano Offerings, you represent that you are eighteen years of age or older and that you will fulfill the obligations set forth in these Terms and Conditions, which forms a binding contract between you and Americano.
(b) By submitting User Materials to Americano or on Americano Offerings, you automatically grant Americano a worldwide, fully paid-up, royalty-free, irrevocable, nonexclusive right and license, including right of sublicense, for a period of five (5) years, renewable at the discretion of Americano, to adopt, publish, reproduce, modify, adapt, edit, translate, disseminate, transmit, distribute, perform, reformat, copy, use, create updates, analyses or other derivative works of, publicly display or broadcast, incorporate into other works and otherwise exploit such User Materials (in whole or in part) and all ideas, suggestions or know-how provided therein, for any purpose, without consideration to you or to any third parties, in any form, media, or technology now known or later developed. You represent and warrant to Americano that you have the full legal right, power and authority to grant to Americano the license provided for herein. You further grant Americano the right, but not the obligation, to pursue at law any person or entity that violates your or Americano’s rights in the User Materials by a breach of these Terms and Conditions.
(c) If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Materials, you agree and warrant that (i) you do not require that any personally identifying information be used in connection with the User Materials, or any derivative works of or upgrades or updates thereto; (ii) you have no objection to the publication, use, modification, deletion and exploitation of the User Materials by Americano or its licensees, successors and assigns; (iii) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Materials; and (iv) you forever release Americano, and its licensees, successors and assigns, from any claims that you could otherwise assert against Americano by virtue of any such moral rights.
(d) By submitting User Materials, you represent and warrant that:
· You will not upload, post or otherwise transmit any User Materials that: (i) violates these Terms and Conditions, including, without limitation, the restrictions set forth in Paragraph 3; (ii) violates or infringes in any way upon the rights of others; (iii) you know to be false, misleading or inaccurate; (iv) contains anything unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable; (v) contains any commercial, promotional, or solicitation information, or disparages any product or service; or (vi) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right.
· You will not interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information or posting private information about a third party.
· You are solely responsible for all User Materials you send or post on any of the Americano Offerings, and you assume all risks associated with its use, including any reliance on its accuracy, completeness or usefulness by others, and any disclosure by you of information contained therein that makes you personally identifiable.
(e) All User Materials you send or post will be accessible by Americano, you, and any other users who are entitled to similar privileges. Americano does not take any responsibility or assume any liability for (i) the content of User Materials, (ii) the accuracy or credibility of any User Materials, (iii) any actions you may take as a result of reading or otherwise using User Materials, or (iv) any failure to store or display User Materials at any time. By accessing or using the Americano Offerings, you may be exposed to User Materials sent or posted by others that you may perceive as offensive or otherwise objectionable.
(f) Americano shall have the right, but not the obligation, to monitor User Materials to determine compliance with these Terms of Service and to satisfy any law, regulation, or authorized government request. Although Americano has no obligation to monitor, screen, edit or remove any of the User Materials submitted to Americano or posted or uploaded to the Americano Offerings, Americano reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any such User Materials at any time and for any reason. In addition, Americano may share personally identifiable information in response to a law enforcement agency’s request, or as otherwise required or permitted by law.
(h) You acknowledge and agree that neither you, nor anyone else who may appear in your submission, will receive any compensation for any use (including for online or offline promotional purposes) by Americano of, or ideas, suggestions or know-how you provide in, your User Materials.
(i) If you believe that any User Material is infringing copyrights or other intellectual property rights held by you or by someone on whose behalf you are authorized to act, please follow the steps described on Americano’s Contact Information page.
14. Subscription Fees; Refund Policies. You agree to pay the subscription fees and any other charges incurred for a Service (including any applicable taxes) at the rate in effect when the charges were incurred. Americano may change the fees and charges then in effect, or add new fees or charges, by giving you advance notice. You are responsible for any fee or charges incurred to access a Service through an Internet access provider or other third-party service. Each subscription fee falls into one of the following categories:
(a) Paid: A paid subscription is when a person pays in full at the time of registration for a certain term (usually twelve (12) months).
(b) Trial with a Premium Product: From time to time, Americano will offer a premium item (e.g., a free book, excluding applicable tax, shipping and handling charges) with a trial subscription to a Service.
(c) Bonus Trial: From time to time, Americano will give a bonus trial subscription to subscribers when they purchase a product or paid subscription.
The refund policy may differ depending on the type of subscription and offer. Please see the terms of the specific offer on the order page for a description of the applicable refund policy. Donations and contributions given in support of Americano programming are non-refundable.
15. Renewal; Cancellation. Your subscription will renew automatically unless it is cancelled in accordance with Americano’s policies. Thirty days before the end of your subscription and each subsequent renewal term thereafter, you will receive a notification that your subscription is ending. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term. Americano may cancel your subscription or alter its delivery method at any time by notifying you. The procedures for cancellation and/or refund policies, if any, will be specified in the notification referenced above.
16. Governing Law; Jurisdiction; Venue. Except as provided in Paragraph 15, these Terms and Conditions, including (without limitation) any disputes relating to the Americano Offerings, whether sounding in contract, tort, statute or otherwise, are governed by the laws of the State of Florida, without reference to its conflict of law principles. Any litigation arising out of or connected in any way with any claim of infringement of copyrights or other intellectual property rights regarding the Americano Offerings shall take place in a State or Federal court of competent jurisdiction in Miami-Dade County, Florida. You hereby consent to personal jurisdiction and venue in the State and Federal courts located in the State of Florida, Miami-Dade County, with respect to any actions, claims, disputes or proceedings arising out of or in connection with the foregoing.
17. Dispute Resolution. Except as provided in Paragraph 14 or as specifically provided otherwise in any Other Agreement, any dispute, controversy or claim you may have arising out of or relating to these Terms and Conditions, including any disputes relating to the Americano Offerings, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be Miami, Florida. The decision of the arbitrator shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrator determines. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in the State of Florida for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, Americano may seek relief from a court of law in the event of a breach by you of these Terms and Conditions.
18. Enforcing Security on the Sites. Actual or attempted unauthorized use of the Sites may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Americano reserves the right to take steps Americano believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions such as view, monitor, and record activity on the Sites without notice or permission from User, including, without limitation, by archiving notices or communications sent by User through the Sites. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Sites as well as to disclosures required by or under applicable law or related government agency actions. Americano will also comply with all court orders or subpoenas involving requests for such information.
19. Injunctive Relief. User acknowledges that any breach, threatened or actual, of these Terms and Conditions, including, without limitation, with respect to unauthorized use of Americano proprietary assets, will cause irreparable injury to Americano, such injury would not be quantifiable in monetary damages, and Americano would not have an adequate remedy at law. User therefore agrees that Americano shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of User’s obligations under any provision of these Terms and Conditions. Accordingly, User hereby waives any requirement that Americano post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Americano to enforce any provision of these Terms and Conditions.
20. Term, Termination, Amendments. These Terms and Conditions will take effect when you first commence using any of the Americano Offerings, whether or not you enter into any Other Agreement. Americano reserves the right at any time and for any reason to deny you access to the Americano Offerings or any portion thereof. Termination will be effective without notice. Please note that Americano reserves the right to change these Terms and Conditions without notice. If a change is implemented by a posting on the Americano Offerings, it shall be deemed to take effect when posted. Your continued use of the Americano Offerings following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
21. Waiver. Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Americano of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
22. Nature of Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Americano as a result of these Terms and Conditions or your utilization of the Americano Offerings.
23. Severability. If any provision of these Terms and Conditions is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect.
24. Sweepstakes and Contests. Americano Media may from time to time sponsor or promote sweepstakes and contests. Sweepstakes and contests are governed by the specific terms, conditions and rules of those promotions. Official rules for Americano Media Fights Inflation With Free Gasoline for a Year Sweepstakes may be found at Rules. Take the Americano Media Straw Poll and Enter to Win $500 is governed by it’s specific term and conditions.
25. Entire Agreement/Reservation of Rights. Your rights to use certain material available on or through the Americano Offerings may be subject to separate digital or written agreements with Americano (“Other Agreements”). Particular pages or features of the Americano Offerings with content supplied by Americano or its licensors may have different or additional terms (“Special Terms”), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms.
26. Spanish language. These Terms and Conditions may be translated into the Spanish language for our Spanish language audience and users. If the Spanish version of these Terms and Conditions conflicts or create ambiguity with these Terms and Conditions, this English language version of the Terms and Conditions shall control.
27. Contact Information. If you would like to contact Americano, you can reach us at:
(a) [email protected] If you choose to contact Americano via e-mail regarding these Terms and Conditions, or Other Agreement, please mark the subject heading of your e-mail “Terms Inquiry,” or “Purchaser/Subscriber Inquiry,” respectively;
(b) [email protected] If you would like to contact a Americano's customer service agent;
(c) [email protected], if you would like to contact Americano Media public relations; or
(d) Mail: Americano Media, 2920 NW 7th Street Miami, Fl. 33125
© 2022 Americano Media Group, LLC. All rights reserved.
Take the Americano Media Straw Poll Enter to Win $500 Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. THE FOLLOWING SWEEPSTAKES IS VALID ONLY IN THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA (D.C.), AND IS OPEN ONLY TO ELIGIBLE ENTRANTS AS DESCRIBED IN THE RULES BELOW. BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND ADMINISTRATOR. VOID ELSEWHERE AND WHEREVER PROHIBITED. DO NOT PARTICIPATE IN THE SWEEPSTAKES IF YOU DO NOT AGREE TO THESE OFFICIAL RULES AND FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
Sweepstakes Name: Take The Americano Media Straw Poll To Enter to Win $500 Sweepstakes (the “Sweepstakes”).
Sweepstakes Dates: Sweepstakes is scheduled to begin at 10:00:01 am Eastern Time (“ET”) on 8/4/2022 and ends at 10:59:59 am ET on 8/6/2022 (the “Sweepstakes Period”). The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void outside of the (50) United States and D.C., and wherever prohibited or restricted by law.
Who May Enter: Sweepstakes is open only to legal residents of, and who are physically located within, the fifty (50) United States and District of Columbia, who are age eighteen (18) or older, as of date of entry, and have a valid driver’s license or government issued photo ID, except the following persons who are not eligible to enter or win:
(a) Employees, officers, and directors of Americano Media Group, LLC (collectively “Sponsor”), Million Dollar Media (the “Sweepstakes Administrator”), and each of their respective franchisees, parents, affiliated companies, subsidiaries, distributors, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this promotion (collectively, “Released Parties”), and the members of the immediate families or households, whether or not related, of any of the above. “Immediate family members” includes, for purposes of this promotion, parents (including in-laws), grandparents, siblings (including step-siblings), children (including step-children), grandchildren (including step grandchildren) and each of their respective spouses, regardless of where they reside.
How to Enter: There is (1) way to enter the Sweepstakes: (1) download the Americano Media app, fully register your account (no purchase required), and answer the (3) three question Straw Poll (no purchase required). There is a limit of one (1) entry per person during the entire Sweepstakes registration period, regardless of method of entry.
Maximum of one entry per person, regardless of method of entry. Any duplicate entries received shall be disqualified. Any incomplete or illegible entries will be disqualified. Any entry submitted with an invalid email address or other false, inaccurate, incomplete, illegible or incorrect information will be disqualified. Released Parties are not responsible for lost, late, misdirected, illegible, incomplete, invalid, unintelligible, damaged entries, or for entries submitted in a manner that is not expressly allowed under these rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, or the failure to capture any such information for any reason including programming or technical errors, or effects of hackers or failure of any electronic equipment, computer or cellular transmissions and/or network connections; all of which will be disqualified.
Any available opt-in opportunities are not required to enter the Sweepstakes, and opting-in will not improve your chances of winning. By participating and submitting an entry, contestant agrees that Sponsor and participating parties are authorized to contact entrant via email, text, mail, phone or any other form of media to make contestant aware of information pertinent to the Sweepstakes. Participants may also opt in to receive information regarding the Sponsor(s) featured products, special events or future contests, promotions or offers Contestants may opt-out of any further email communication at any time by simply replying REMOVE to any email message, or following the provided opt-out instructions.
Each participant must submit an entry on his/her own behalf. Any entry submitted on behalf of another individual or using another person’s email address, name or phone number will be disqualified and ineligible to claim any prize. Any attempt by any participant to obtain more than the stated number of entries allowed by using same, multiple/different email addresses, phone numbers, identities, or any other methods void that participant's entries and that participant may be disqualified. No mechanically reproduced or automated entries permitted. Use of any automated system to participate is prohibited and will result in disqualification and all such entries will be deemed void. All entries received become the property of the Sponsor and will not be returned. Straw Poll results are the property of the Sponsor.
In the event of a dispute as to any online registration, the authorized account holder of the email address used to register will be deemed to be the registrant and he/she must be eligible according to these Official Rules. The “authorized email account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
Winner Selection and Notification (1 winner): Sponsor shall conduct a random prize drawing to be held on or about 8/6/2022 from among all eligible entries received from all entry methods combined, to select one (1) potential grand prize winner (see prize description below). If eligible entries are less than the scheduled number of prizes for the Sweepstakes, the associated prize award shall not be awarded.
The potential winner shall be notified initially via the Americano Media app, and/or by phone and/or email following their selection and determination as the potential winner, to the Americano Media app account, phone number or email address associated with their selected entry. Entrants are solely responsible for checking their Americano Media app account and/or email for any notification including junk or spam folders. Sponsor shall not be responsible for any incorrect email addresses provided at the time of registration, failure in delivery of any notification email due to spam filter, junk, quarantine or any other failure of delivery or receipt for any reason.
If the potential winner fails to respond, or the Administrator is unsuccessful in its attempt to reach and speak directly with the selected potential winner for any reason, within forty-eight (48)-hours of the initial notification attempt, then that entrant may be disqualified and an alternate potential winner may be randomly selected from among the remaining eligible entries and notified as per the procedures outlined above (time permitting). Note: phone messages will not be left during the winner notification process.
During winner notification, the selected potential winner must confirm their eligibility, and indicate their willingness and ability to accept the prize. The potential winner will then receive official notification via email delivery. If any selected winner does not meet the eligibility requirements, or is unable or unwilling to accept the prize or elects to decline the prize, s/he will be disqualified and, at Sponsor’s discretion and time permitting, an alternate winner will be randomly selected from among all remaining eligible entries and notified as per the procedures outlined above. Any disqualified contestant will not receive any alternate prize substitution or compensation.
All of the following will apply to the prize winner: 1) Winner will be required to complete and return, within 48-hours of receipt, a prize acceptance form, including an affidavit of eligibility and a liability/publicity release (publicity release where permitted), and a W-9 form; 2) Winner may be required to present a valid social security card and a valid driver’s license or government issued photo ID as a condition of participating or receiving any prize, and 3) Winner is responsible for paying all applicable taxes (including, but not limited to all local, state and federal taxes) on all prizes awarded, and prize winner shall be issued a 1099 form reflecting the value of the prize award.
Decisions of the Sponsor and Administrator in the selection and determination of prize winner and all matters relating to this Sweepstakes are final and binding.
Grand Prize Award – Maximum of (1) prize award available: The grand prize consists of: five hunred dollars ($500) in pre-paid gift cards, awarded in the form of gift cards from the Sponsor. Gift cards subject to the terms and conditions of the issuing gasoline retailer gift card policy. Approximate retail value (ARV) of grand prize award: $500.
Prize winners must accept delivery of prize in the method as solely determined and designated by Sponsor. Prize shall be shipped only to the designated winner residential address as submitted during initial online registration and/or as provided during winner notification, via the carrier as determined and designated by Sponsor (i.e. UPS, USPS or other Sponsor designated carrier), or as otherwise specified by Sponsor. In the event of an e-gift card delivery, gift card shall be emailed to the email address provided at time of initial registration. Allow 8 – 12 weeks for prize delivery.
Once shipped (or delivered via email), prize shall be considered as awarded and delivered, and Sponsor shall not be responsible for actual receipt of delivery by winner. Sponsor shall not be responsible for any lost, late, undelivered, misdirected, damaged or stolen delivery; or any incorrect delivery address provided by winner during registration or prize claim. In the event of any delivery issues, including undelivered, misdirected, lost or stolen deliveries, Sponsor shall have no responsibility to replace the prize award, and prize award shall not be substituted by Sponsor with any alternate prize award or compensation. Winner shall look solely to designated shipper/carrier for any lost, damaged, stolen or mis-delivered packages and not to Sponsor for any delivery issues.
General Prize Conditions: Any and all costs or expenses related to prize acceptance, redemption, use and delivery not specified herein as being included in the prize are the winner’s sole responsibility, including but not limited to delivery fees, sales tax, gratuity, and all applicable taxes (including, but not limited to all local, state and federal taxes). All prize awards are non-transferable, and no cash redemption or prize substitution allowed, except at Sponsor’s sole discretion or as provided herein. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Failure to collect or properly claim prize in accordance with these rules will result in forfeiture of the prize. All properly claimed prizes will be awarded. Any unclaimed prizes will not be awarded.
General Prize Conditions: All other costs and expenses related to prize acceptance, delivery, redemption or use not specified herein as being provided are the sole responsibility of winner. All income, federal, state/province and local taxes are the winner’s sole responsibility. All prize awards are non-transferable and no cash redemption or prize substitution allowed, except at Sponsor’s sole discretion or as provided herein. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Failure to collect or properly claim prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, participant will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein. All properly claimed prizes will be awarded. Any unclaimed prizes will not be awarded. Total ARV of prize award: $500 (approx. $500 CAD).
Additional Rules & Restrictions: By participating, entrants agree to abide by and be bound by the Official Rules and the decisions of the Sponsor and Administrator, which shall be final in all matters relating to this Sweepstakes. In the event an entrant wins a prize, and is later found to be in violation of these rules he/she will be required to forfeit the prize or to reimburse Sponsor for the stated value of the prize if such violation is discovered after winner has used the prize. Participation in Sweepstakes constitutes permission for the Sponsor, the Released Parties and their designees to use entrants’ names, likenesses, images, biographical information, and cities and state of residence and/or other information or content provided with the entry for purposes of advertising and trade in any and all media now or hereafter known worldwide on perpetuity without limitation or further compensation, notification or permission, unless prohibited by law. False, fraudulent or deceptive entries or acts shall render entrants ineligible for any prize.
By participating, entrants agree to hold all Released Parties harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to entrant’s participation in this Sweepstakes, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities (including but not limited to travel or activity related thereto), and to assume all liability therefor.
Released Parties shall not be liable to winner or any other person for failure to supply the prize or any part thereof by reason of any acts of God, pandemics, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Released Parties’ sole control.
Participants are restricted to use of ordinary and typical computer equipment, mobile phone equipment, Internet access and cellular networks. Sponsor disclaims all liability for the inability of a participant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise. The Sponsor disclaims any liability for entries not received due to technical difficulties or transmission errors. The Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Released Parties are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes, and any injury or damage to entrant’s or any other person’s computer or mobile phone related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes. Released Parties are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Sweepstakes, including, without limitations, errors which may occur in connection with the printing or advertising of this Sweepstakes, administration or execution of the Sweepstakes, the processing of entries or in the announcement of the prizes or prize winner. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Sweepstakes website.
Sponsor reserves the right to cancel, modify, reschedule or terminate the Sweepstakes for any reason including, but not limited to acts of God, pandemics, force majeure, government regulatory action or ruling, fraud, misconduct, or if any technical failures, or human or programming errors, destroy or threaten the integrity of the Sweepstakes, in the opinion of the Sponsor/Administrator, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Sweepstakes as determined by Sponsor/Administrator, in their sole discretion. In the event of early termination of the Sweepstakes, Sponsor reserves the right to determine prize winner in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination.
IN CASE OF DISPUTES: By participating, each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of New Jersey; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, and in no event will entrant be entitled to received attorneys' fees or other legal costs; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New Jersey or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of New Jersey.
DISCLAIMER OF WARRANTIES: THE SPONSOR IS PROVIDING THE CONTEST ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE CONTEST OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE; (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. THE RELEASED PARTIES MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
Odds: Odds of winning are dependent upon the total number of Straw Poll eligible entries received from all entry methods combined.
Official Rules & Winners List: For a copy of these Official Rules, or the name of prize winner, send a self-addressed stamped envelope to be received by 12/15/2022 to: Americano Media Take the Poll to Enter to Win $500 c/o Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095. PLEASE SPECIFY which you are requesting, official rules or winners list.
Sponsor: Americano Media Group, LLC, 2920 NW 7th Street, Miami, FL 33125.
Sweepstakes Administrator: Amnericano Medid Group, LLC 2920 NW 7th Street, Miami, FL 33125.