Terms and Conditions ("Terms")
Last updated: 3/28/2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website (the "Service") operated by AmpliFi, LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
For Partnership Agreements made outside of this Service, Terms will be mutually agreed upon by both parties in advance and documented externally of this Service accordingly.
For product or service made available through the Service ("Purchase"), You agree to the following General Terms:
The Company is a sophisticated business enterprise with competent management and legal counsel, and the Company has retained Us for the limited purposes set forth in this Service. Accordingly, the Company disclaims any intention to impose fiduciary obligations on Us by virtue of this engagement, and We shall not be deemed to have any fiduciary duties or obligations to the Company, other business entities, or their respective officers, directors, shareholders, affiliates or creditors, as a result of this Agreement to the services to be provided pursuant hereto.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
All claims arising out of the interpretation, application or enforcement of this Agreement, including without limitation, any breach hereof, shall be settled by final and binding arbitration in North Carolina by an arbitrator appointed by mutual agreement of the parties within thirty (30) days of a claim (or, failing mutual agreement, appointed by the American Arbitration Association). The decision of the arbitrator shall be binding on Us and the Company and may be entered and enforced in any court or jurisdiction by either party. The arbitration shall consist of a simple one-day process with the arbitrator reviewing written briefs and exhibits submitted by both parties, engaging in sworn testimonies/interviews with on representative of both parties, and issuing a final decision on the best-efforts basis within six (6) hours. Arbitration costs will be shared equally by the parties who are responsible for their own costs of legal counsel if utilized. Each of Us and the Company waives all right to trial by jury in any action, proceeding or counterclaim (whether based upon contract, tort or otherwise) related to or arising out of the engagement of Us pursuant to, or the performance by Us or, the services contemplated by the Agreement.
This Agreement does not create an employment relationship between the Company and Us or any of the individuals listed but, rather, established only an independent contractor relationship.
Each party signing is authorized to sign on behalf of the party indicated, and in each case such signature is the only one necessary.
For products or service made available through the Service ("Purchase"), We extend the following Confidentiality Terms:
We acknowledge that any confidential information of the Company, which has or will come into possession or knowledge during the course of this engagement, is privileged and the confidential property of the Company.
We agree: (1) to hold all confidential information of the Company in strict confidence; (2) to treat such confidential information with at least the same care and precaution that We affords to its most confidential, valuable and secret information; (3) if applicable, to release such confidential information only to their agents or representatives requiring such information, and properly notify each agent or representative to whom any disclosure of the confidential information is made that the disclosure is made in confidence and that the confidential information must be kept in strict confidence by the agent or representative; (4) not to release or disclose such confidential information to any other person or entity without prior or written consent of the Company in which event We shall require such person or entity to enter into a confidentiality agreement acceptable to the Company.
After any termination of this Agreement, upon request of the Company, We shall return to the Companies or destroy all copies of any written or tangible confidential information received from the Company.
The obligations of Us under this Agreement shall continue, with respect to each disclosure hereunder, for a period of Five (5) years from the date of such disclosure, regardless of whether or not this Agreement is terminated except that these obligations do not extend to any information relating to confidential information of the Company which:
is or becomes publicly known through no wrongful act of the receiving party;
is disclosed to Us by a third person not in violation of any obligation of non-disclosure;
is approved for release by written authorization of the company;
is required to be disclosed pursuant to any law, rule, regulation or requirement of a governmental agency or body having jurisdiction over any party hereto;
or was available to the disclosing party prior to the date of this Agreement on a non-confidential basis which is unrelated to this Agreement.
The provisions of these Confidentiality Terms shall survive any expiration or termination of this Agreement along with any other provisions which expressly or by implication survive termination or expiration (collectively the “Surviving Provisions”). Notwithstanding the foregoing, if We commit a material breach, Company may terminate the Agreement
For all Partnership Agreements made outside of this Service and for all purchases made via this Service, We offer no explicit refund policy and will work with clients on a case-by-case basis in accordance of the agreed upon Terms contained on this Service or in external documentation.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by AmpliFi, LLC.
We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org