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 email@example.com, 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 firstname.lastname@example.org. 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 email@example.com
- 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.