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TERMS & CONDITIONS

The following are the terms and conditions for participation in the AMPed Workshop as described herein (the "Service") between AMPed Workshop and you (either an individual or a legal entity that you represent as an authorized employee or agent) ("You"). Please read them carefully. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING PARTICIPATING IN THE SERVICE, OR COMPLETING YOUR PURCHASE, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("AGREEMENT"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

  1. DEFINITIONS

    • "Documentation" means any accompanying documentation made available to You by AMPed Workshop, including any documentation available online or otherwise.

    • "Training Videos" means the video content that is provided by AMPed Workshop Including live video meetings.

  2. PROTECTION OF DOCUMENTATION AND INFORMATION. You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the AMPed Workshop training materials; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source file content of the training videos, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the training videos, the Documentation or the Service; (iv) remove any proprietary notices or labels on the training materials or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. You will use the Software, Service and Reports solely for Your own internal use, and will not make the Software or Service available for timesharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Training Videos, and information provided during live meetings.

  3. CONFIDENTIALITY. "Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order. In which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing such information. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such. You are responsible for safeguarding the confidentiality of Your password(s) and user name(s) issued to You by AMPed Workshop, and for any use or misuse of Your account resulting from any third party using a password or user name issued to You. You agree to immediately notify AMPed Workshop of any unauthorized use of Your account or any other breach of security known to You.

  4. PRIVACY. You will not (and will not allow any third party to) attempt to copy, record or reverse engineer any Training Videos or Documentation supplied by AMPed Workshop or stored on the AMPed Workshop (or related) websites.

  5. INDEMNIFICATION . You agree to indemnify, hold harmless and defend AMPed Workshop, Dr. Elizabeth Fedrick, and Nick Thompson, at Your expense, any and all third-party claims, actions, proceedings, and suits brought against AMPed Workshop or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by AMPed Workshop or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, or (iv) Your Brand Features. In such a case, AMPed Workshop will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. AMPed Workshop reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

  6. DISCLAIMER OF WARRANTIES . AMPED WORKSHOP SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. UNDER NO CIRCUMSTANCES WILL AMPED WORKSHOP, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS, OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THIS SITE, A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS' SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMPED WORKSHOP OR THROUGH OR FROM AMPED WORKSHOP SERVICES SHALL CREATE ANY WARRANTY.

  7. AMPed Workshop does not warrant or represent that the use of the Service or the Training Videos will be correct, accurate, timely or otherwise reliable.

    • THE SERVICE, THE TRAINING VIDEOS AND REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY AMPed Workshop AND/OR ITS SUBSIDIARIES AND AFFILIATES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE. THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. AMPed Workshop DOES NOT WARRANT THAT THE SERVICE, THE TRAINING VIDEOS OR RELATED DOCUMENTATION WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

  8. LIMITATION OF LIABILITY. AMPed Workshop AND ITS WHOLLY OWNED SUBSIDIARIES WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCORRECT INFORMATION), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF AMPed Workshop AND/OR ITS SUBSIDIARIES AND AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.

  9. PROPRIETARY RIGHTS NOTICE . The Service, which includes but is not limited to the AMPed Workshop Training Videos, Documentation, and information shared in meetings, and all intellectual property rights in the Service are, and shall remain, the property of AMPed Workshop. All rights in and to any information provided not expressly granted to You in this Agreement are hereby expressly reserved and retained by AMPed Workshop without restriction, including, without limitation, AMPed Workshop’s right to sole ownership of the AMPed Workshop Documentation, videos, and information shared during meetings.

  10. TERM and TERMINATION . Either party to the Agreement may terminate it at any time and for any reason. No refund will be given for any TERMINATION.

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