AMPED General Terms and Conditions
General Terms and Conditions
Upon your acceptance, these General Terms and Conditions (“Terms”) shall create a legally binding agreement (the “Agreement”) between you individually and/or the company on whose behalf you are acting (hereinafter “You”) and AMPED NOW, Inc. (“AMPED,” “we,” or “us”), regarding Your use of AMPED’s services described in the Order Confirmation (the “Services”).
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
By agreeing to these Terms, you represent and warrant to us that:
(a) you are at least 18 years old and you have authority whomever you are on behalf of to enter into this binding Agreement and be bound by these Terms
(b) you are not:
- a chiropractic coach or consultant;
- selling products or programs to chiropractors;
- an instructor in or an owner of another chiropractic mastermind or brainstorm, or a coaching or consulting group or program;
(c) you have not previously been suspended or removed from our Services, and your use of the Services will comply with all applicable laws and regulations.
In consideration of the provision of AMPED’s Services, you shall pay the fees set forth in the Order Confirmation. If such fees include enrollment in a monthly subscription, you authorize AMPED to automatically charge your credit card monthly, on a going-forward basis all fees for the next subscription period. Your subscription will continue until you cancel it, or we terminate it.
- Term, Termination and Refunds.
- Term. These Terms are effective upon your acceptance.
- You may discontinue your membership at any time by emailing us written notice of same at firstname.lastname@example.org, and your account will terminate thirty (30) days after our receipt of same (“Termination Effective Date”). Subject to the below Refund terms, you are otherwise responsible for all fees incurred through the Termination Effective Date.
- AMPED may also, at its sole discretion, terminate or suspend these Terms or your account at any time for any or no reason with or without notice. These Terms also automatically terminate upon your violation of any provision hereto.
- Effect of Termination. Upon termination you must immediately cease all use of the Services and you will no longer be authorized to access your account and your AMPED Modules.;. You will not be entitled to any refund if you terminate these Terms 30 days after your initial purchase date.
- Refunds. If you are not completely satisfied with the Services, you may request a refund by emailing us at email@example.com. All refund requests must be in writing and received by us within 30 days of your initial purchase; and the request must also include a copy of your proof of purchase. Refunds will be issued within 30 business days of receiving and processing your request to the same credit card used to make the original purchase. Please note: once an AMPED module has been released, no refund will be given for that month regardless whether you have or haven’t opened or watched it.
- LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- NO LIABILITY FROM RELIANCE ON AMPED’S SERVICES: ALL REPRESENTATIONS AND SERVICES OFFERED BY AMPED ARE MERELY AMPED’S OPINIONS OFFERED AS RECOMMENDATIONS FOR YOUR CONSIDERATION, AND NO RELIANCE BY YOU ON SUCH REPRESENTATIONS AND SERVICES SHALL CREATE LIABILITY TO AMPED. YOU ALONE ARE SOLELY RESPONSIBLE FOR ALL PROFESSIONAL DECISIONS, ACTS AND OMISSIONS RELATED TO RUNNING YOUR OWN CHIROPRACTIC PRACTICE, INCLUDING BUT NOT LIMITED TO, ENSURING YOUR PRACTICE’S COMPLIANCE WITH (A) PROFESSIONAL STANDARDS OF PATIENT CARE; (B) FEDERAL, STATE AND LOCAL LAWS, RULES, REGULATIONS, AND REQUIREMENTS; AND (C) THE BUSINESS MANAGEMENT OF YOUR PRACTICE.
- NO CONSEQUENTIAL OR INDIRECT DAMAGES IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, FINE, LIABILITY, LOSS, LOSS OF DATA OR OF USE, PENALTY, REVENUE, PROFIT, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, AND/OR FOR ANY RELATED CLAIM, CAUSE OF ACTION, SUIT, JUDGMENT, SETTLEMENT, AWARD, PROCEEDING AND/OR LITIGATION (INCLUDING ANY FEES AND COSTS THERETO) HOWEVER ALLEGED OR ARISING, WHETHER OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, OR ANY OTHER LEGAL BASIS, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT AMPED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- MAXIMUM LIABILITY: IN NO EVENT SHALL AMPED’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND/OR THE SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO AMPED IN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO (i) LIABILITY RESULTING FROM AMPED’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (ii) DEATH OR BODILY INJURY RESULTING FROM AMPED’S NEGLIGENT ACTS OR OMISSIONS.
- DISCLAIMER OF WARRANTIES.
AMPED NOW INC. MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ITS SERVICES, INCLUDING ANY (A) WARRANTY THAT ITS RECOMMENDATIONS COMPLY WITH FEDERAL, STATE, AND/OR LOCAL LAWS, REGULATIONS, RULES AND/OR REQUIREMENTS THAT ARE APPLICABLE TO YOU OR YOUR PRACTICE; (B) WARRANTY OF MERCHANTABILITY; OR (C) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (D) WARRANTY OF TITLE; OR (E) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify AMPED NOW, Inc., and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
- Intellectual Property and Limited License To Use AMPED’s Content.
All content and materials included in AMPED’s Services are the intellectual property of AMPED or its third party licensors, including all visual interfaces, graphics, designs, documents, compilations, information, computer code (including source code or object code), products, software, services, and other elements of AMPED’S Services (“Materials”). Except as expressly authorized by AMPED, you may not make use of the Materials and AMPED reserves all rights to the Materials not granted in these Terms.
Subject to your complete and ongoing compliance with these Terms, AMPED grants you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and Materials used therein. You may not reproduce, distribute, publicly display or perform, or otherwise attempt to use the Services other than as intended by these Terms.
- Trade Secrets, Confidentiality, and Non-Disclosure.
All AMPED Materials (as defined above) are trade secrets of AMPED or its third party licensors, including all information, customer lists, financial data, processes, business and industry “know-how,” (“Trade Secrets”). AMPED’s Trade Secrets are of great value to AMPED’s business and disclosure by AMPED to you of AMPED’s Trade Secrets is made in consideration of your monthly subscription payments and is conditional upon your agreement to maintain such Trade Secrets in confidence. Except as expressly authorized by AMPED, you may not disclose AMPED’s Trade Secrets to anyone who is not a member of AMPED.
- Non-Solicitation and Non-Compete.
In exchange for receipt of AMPED’s Services you agree for one (1) year following termination to refrain from soliciting, or attempting to solicit, directly or by assisting others, any business from any of AMPED’s customers, including actively seeking prospective customers with whom you have material contact during your membership, for purposes of providing products or services that are competitive with those provided by AMPED.
- Other Prohibited Conduct.
BY USING AMPED’S SERVICES YOU AGREE NOT TO:
- perform any fraudulent activity or use the Services for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- interfere with security-related features of the Services, the operation of the Services, or any user’s enjoyment of the Services;
- sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or use the Services to create products or services that compete with AMPED.
- General Terms.
These Terms, together with any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and AMPED regarding your use of our Services. If any part of these Terms is held invalid or unenforceable, that part will be given effect to the greatest extent possible, and all remaining parts will remain in full force and effect.
- Modification or Assignment of Terms. We reserve the right to change these Terms at any time. If we make a material change to these Terms, we will give you reasonable advance notice by email and require you to accept the modified Terms to continue using the Services. We may also assign these Terms at any time without notice or consent, however, you may not assign or transfer these Terms or your rights hereunder without our prior written consent.
- Governing Law. These Terms are governed by the laws of the State of Georgia, and you and AMPED submit to jurisdiction within Henry County, Georgia for resolution of any legal matter relating to these Terms or AMPED’s Services.
- Relationship of the Parties. The parties hereto are independent contractors, and nothing contained herein shall create any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship.
- Contact Information. AMPED is located at 5430 North Henry Blvd., Suite 100, Stockbridge, GA 30281 and may be contacted there or via email at firstname.lastname@example.org
- Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
USE OF AMPED APPLICATION
User gains the right to create a user account and password and use the AMPED Application, upon setting up Application on to a mobile or other smart device and by purchasing access to an AMPED membership program or online course.
Users access AMPED program content through their user account in the Application, set up on a mobile device with Android or iOS operating system, or on another smart device with a supported Internet browser and enabled data transfer or Internet access. Data transfer and Internet access are enabled by the user. The provider assumes no responsibility for potential damage to users arising from non-operation or interruptions in the operation of the Application resulting from limited access or lack of access to the Internet.
For detailed instructions or troubleshooting on downloading the AMPED Application and creating a user account, contact support as necessary at email@example.com
User has the right to access and use the Application in the scope of basic program access, and in the scope of advanced functions, if he or she is subscribed to the corresponding membership program level. The user has the right to change the scope of subscribed functions at any time.
MANAGING THE SHARED AMPED ENVIRONMENT
With the AMPED Program, one user account can be created for one environment by several users (e.g. team members), whereby the access to the system is assigned by the holder of the AMPED member through the AMPED Application.
The right to assign, restrict rights and manage user accounts linked to a shared AMPED environment belongs exclusively to the user designated as the holder of AMPED environment (administrator). Only one user of the AMPED environment can be assigned as administrator.
MISUSE OF AMPED APPLICATION AND SANCTIONS
In the event of misuse of the AMPED Application, each user shall have the right to disconnect the team member access. The user has the right to request from the provider to disconnect or to reset team member access and set new identity properties of the team account in such a way as to ensure a newly designated holder (administrator).
In the event of misuse or suspected misuse of the AMPED Application, the provider has the right to delete the user account or to restrict its access to a particular shared AMPED environment.
REMOVING USER ACCOUNT
At any time and without giving any reason, the user has the right to request deleting or terminating (hereinafter: remove, removal) his user account, to the provider.
The request to remove the user account must include user information (full name and a valid email address).
The request to remove the user account can be forwarded by the holder of the user account in writing via email at firstname.lastname@example.org or via regular mail to the official address of the provider: Amped Now, Inc. 5430 N Henry Blvd, Stockbridge, GA 30281.
If the removal of the user account is requested by the administrator, the administrator must first provide either the transfer of administrator rights to another user or to remove all other users (team members) from the AMPED environment group.
The provider undertakes to carry out the removal of the user account itself or through another authorized person no later than 7 working days after receiving the request to remove the user account.
The provider shall notify the user via email about the successful removal of his user account. The provider does not assume any responsibility for possible damage to the user arising from untrue or incorrect information or indications given in the request to remove the user account.
With the removal of the user account, the provider undertakes to delete all user-related data from its database. The provider deletes data from its database in 1 month after removing the user account. In the event, that provider must delete a large amount of data, or that data deletion is complex, the provider can keep the data for another 2 months. The provider does not assume any responsibility for possible damage to the user arising from data deletion.
The user is aware that the removal of an individual user account includes permanent deletion of all data associated with the user account and cannot be retrieved.
The provider shall not be responsible for any damage incurred to an individual user arising from data deletion or loss of data relating to the removed user account or other values and parameters entered into the AMPED Classroom, insofar as the user account has been removed upon the user’s request.
The provider provides two ways to access or use the AMPED Application (by payment or free of charge for a trial period).
User can begin to access or use free content with transfer and installation of AMPED Application on to mobile or other smart devices, through web application on website ampednow.com and agreeing to the AMPED Terms and Conditions.
Provider reserves the right to change contents that he provides free of charge and to disable access to free content, at any time.
User will be notified about paid content in the AMPED Application or on the website ampednow.com. About paid content, current fee amounts, terms, ways of payment, and terms of membership termination, and every other detail, will be disclosed to the user before signing up. Upon notification, the user has the option to award a contract of membership by clicking on the order. By clicking on the order, the user issues a binding offer. By confirming the order or by providing access to paid content, the contract between the user and the provider is concluded.
Membership: In the case of Membership, the provider grant user a limited, nonexclusive, nontransferable, revocable, and personal license to access and use paid content of AMPED Application.
Payment: In the case of Membership, we may ask the user to supply additional information relevant to the Transaction, including, without limitation, user credit card number, the expiration date of users’ credit card, and billing address (such information, “Payment Information”). User represents and warrants that he has the legal right to use all payment method(s) represented by any such Payment Information. When the user initiates a Transaction, he authorizes the provider to provide his Payment Information to third parties, who complete user Transaction; the user may need to provide additional information to verify his identity before completing Transaction (such information is included within the definition of Payment Information).
User will be charged a Membership Fee at the beginning of the paying portion and each period hereafter, respectively, at the then-current rate. The provider will automatically charge the user on the anniversary of the commencement of the paying portion of his Membership using the Payment Information user provided.
By agreeing to Membership, the user acknowledges that the Membership has recurring payment features and accepts responsibility for all recurring payment obligations. Membership is permanent until prior cancellation of Membership by user or provider.
All charges are nonrefundable. If there is a defect in the AMPED Application, that disables its use and is by provider fault, the user may receive a replacement period rather than a refund. Users may receive a replacement period in event that the provider disables access to paid content of the AMPED Application.
Free Trial: Provider may offer a free trial Membership to access specific content (“Free Trial”) for a limited period. The specific terms of Free Trial will be provided at signup and/or in the promotional materials describing the Free Trial. Free Trials are only available to users who have not previously completed a Free Trial. Unless the user cancels his Membership before the end of his Free Trial, the provider will begin charging the user payment method regularly for the Membership Fee until the user cancels Membership. Instructions for canceling Membership are stated below. The provider will not notify the user that his Free Trial has ended or that the paid portion of his Membership has begun.
CANCELLATION OF THE CONTRACT
At any time, the user can cancel a Membership to the paid content of the AMPED Application. The user is not entitled to a refund of the already paid Membership. Users can cancel the membership through the AMPED Application by signing up and going to settings. In case of cancellation of Membership, the cancellation will be effective immediately, but the Provider will allow the user to access AMPED Application until the most recently paid-up Membership period ends and then will terminate users access to paid application content.
Cancelling users Membership won’t cancel users Account. For removing the user’s account, see above.