WEBSITE TERMS AND CONDITIONS

Last updated: January 1, 2025

Your use of this website is subject to any privacy statement or policy that is located on or incorporated into this website. Our privacy policy describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights you may have with respect to such personal information. Our privacy policy also sets forth the types and categories of personal information you are permitted to provide to Amplify Innovation Labs (the “Company”), and your responsibilities and obligations with respect to such personal information. Please review our privacy policy carefully. For the avoidance of doubt, any claims, suits, or complaints related to our privacy policy, shall be settled or otherwise addressed in accordance with the dispute resolution terms, and subject to the limitations of liability, set forth herein, in addition to all other terms and conditions herein. 

TERMS AND CONDITIONS

The Website Terms and Conditions contained on this webpage (these “Terms”), govern your access to and use of this website, including any content, functionality, and services offered on or through this website, whether as a guest or a registered user. You must not use this website, if you have any objection to any of these Terms. This website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this website if you are a minor. These Terms are entered into by and between you and the Company. By using this website, you expressly accept these Terms in full. By using this website, you represent and warrant to the Company that you: (i) are at least eighteen (18) years old, (ii) are legally authorized to enter into, and agree to, these Terms, and (iii) will, at any and all times, comply with these Terms.

ACCESSING WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this website, and any service or material we provide on this website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this website, or the entire website. You are responsible for making all arrangements necessary for you to have access to this website and for ensuring that all persons who access this website through your internet connection are aware of these Terms and comply with them.

To access this website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this website is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

INTELLECTUAL PROPERTY RIGHTS

The Company and/or its licensors own all rights to the intellectual property and material contained in this website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this website.

PROHIBITED USES

You may use this website only for lawful purposes and in accordance with these Terms. The Terms permit you to use this website for your personal, non-commercial use only. You agree not to use this website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this website, or which, as determined by us, may harm the Company or users of this website, or expose them to liability.
 

Additionally, you agree not to:

• Use this website in any manner that could disable, overburden, damage, or impair this website or interfere with any other party’s use of this website, including their ability to engage in real time activities through this website.
• Use any robot, spider, or other automatic device, process, or means to access this website for any purpose, including monitoring or copying any of the material on this website.
• Use any manual process to monitor or copy any of the material on this website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of this website.
• Introduce any viruses, Trojan horses, wors, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this website, the server on which this website is stored, or any server, computer, or database connected to this website.
• Attack this website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of this website.

PURCHASES

If you wish to purchase any product or service made available through this website (each, a “Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for any reason.

NO WARRANTIES

This Website is provided “as is,” with all faults, and the Company makes no express or implied representations or warranties, of any kind related to this website or the materials contained on this website. Neither the Company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of this website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that this website, its content, or any services or items obtained through this website will be accurate, complete, useful, reliable, error-free, or uninterrupted, that defects will be corrected, that this website or the server that makes it available are free of viruses or other harmful components, or that this website or any services or items obtained through this website will otherwise meet your needs or expectations. Any reliance you place on such information is strictly at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

THIRD PARTY CONTENT

This website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

LIMITATION OF LIABILITY

In no event shall the Company, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort or otherwise, and the Company, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. This website may contain links to third party websites or services that are not owned or controlled by the Company. Any activity, behavior, content is governed by the terms of service on those third-party sites including their privacy policies and the Company disclaims any liability for any activity occurring on such third-party sites.

INDEMNIFICATION

You hereby indemnify to the fullest extent the Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your use and access of this website or your breach of any of the provisions of these Terms.

VARIATION OF TERMS

The Company is permitted to revise these Terms at any time for any reason, and by using this website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this website. All changes are effective immediately when we post them and apply to all access to and use of this website thereafter. Your continued use of this website following the posting of revised Terms means that you accept and agree to the changes. Notwithstanding the above, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on this website.

ASSIGNMENT

The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms shall 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 the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between the Company and you in relation to your use of this website, and supersede all prior agreements and understandings with respect to the same. 

GOVERNING LAW 

Unless otherwise provided for herein, the Terms (including the Privacy Policy incorporated herein) shall be governed in all respects by and construed in accordance with the laws of the State of Jersey, without regard to its conflicts of law principles.

ARBITRATION AND WAIVER OF JURY TRIAL

THE COMPANY AND YOU MUTUALLY AGREE THAT ANY DISPUTES ARISING FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT OR MATERIALS THEREON, OR THESE TERMS (INCLUDING THE PRIVACY POLICY), INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) APPLYING NEW JERSEY LAW, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal, except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration. The parties agree that the arbitrator shall not have the authority to award attorneys’ fees, unless otherwise expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THESE TERMS OF USE DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. For the avoidance of doubt, this section shall be construed as a written agreement to arbitrate a dispute of any kind between you and the Company that may arise through the use of this website, and you hereby agree with us that this paragraph satisfies any writing or consent requirement of the FAA. Any and all arbitration proceedings and hearings shall be conducted in New Castle County, Delaware. Except as required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If for any reason a dispute proceeds in a federal or state court rather than in arbitration, the parties hereby waive any right to a jury trial.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

CONTACT INFORMATION

For any questions or concerns regarding these Terms, please contact us at [email protected].