terms of use

Terms of Use

Last Updated: October 14, 2024

The following Terms and Conditions of Use (“Terms” or “Terms of Use”) are entered into by and between You and Amplify Wellness LLC (“Company,” “we” or “us”).

These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of the websites amplify-well.com and https://amplifywellness2572.practicebetter.io (“Websites”), including all materials, resources, information, and services on the Websites, whether as a guest or registered user.

Your access to and use of the Websites are conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Websites.

By accessing or using the Websites you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access or use the Websites.

PRIVACY POLICY
Your use of the Websites is also subject to the Company’s Privacy Policy, located at https://amplify-well.com/policies. Please review our Privacy Policy, which also governs the Websites and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.

DISCLAIMER
Your use of the Websites is also subject to the Company’s Disclaimer located at https://amplify-well.com/policies. Please review our Disclaimer, which also governs the Websites and informs users of various limitations regarding the information provided on the Websites. Your agreement to the Disclaimer is hereby incorporated into these Terms.

USE OF THE WEBSITE
To access or use the Websites, you must be 18 years of age or older, located in the United States, and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Websites. We make no claims that the Websites or any of their contents are accessible or appropriate outside of the United States. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

LAWFUL PURPOSES
You may use the Websites for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Websites. You agree to use the Websites and to purchase services or products through the Websites for legitimate, non-commercial purposes only. You shall not post or transmit through the Websites any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

USE OF FREE DOWNLOADABLE CONTENT
The Company may make resources on these Websites accessible to users in exchange for providing an e-mail address (“Content”). The Company grants you a limited, personal, non-exclusive, non-transferable, and revocable license to use the Content for your own personal or internal business use in accordance with these Terms. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse publish, transmit, alter, enhance or in any way exploit any of the Content in any manner. Your use of the Content does not entitle you to make any unauthorized use of any Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content.

By accessing or downloading the Content, you agree that the Content may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of the Company. By accessing or downloading the Content, you further agree that you shall not create any derivative work based upon the Content and you shall not offer any competing products or services based upon any information contained in the Content.

MATERIAL YOU SUBMIT TO THE WEBSITES
By posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you are granting the Company, our affiliated companies, and any necessary sub-licensees a worldwide, nonexclusive, irrevocable license to use your Submission for promotional, business development, and marketing purposes including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. Any Submissions you post to the Websites will be considered non-confidential and non-proprietary. You represent and warrant that: you own and control all rights in and to the Submissions and have the right to grant the license granted to us and our affiliates.

You shall not upload, post, submit, input or otherwise make available on the Websites any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission.

For all Submissions submitted by you to the Websites, you automatically represent and warrant that you own or otherwise control all the rights to your Submission described herein including the authority to use and distribute the Submission, and that the use or display of the Submission as contemplated in this section will not violate any laws, rules, regulations, or rights of third parties. You agree to hold the Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you arising from Submissions you submit through the Websites.

You further grant us the right to use your Submission for the purpose of improving our Websites, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation for our use of your Submission. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgement of their source.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

Remove or refuse to post any Submissions for any or no reason in our sole discretion.
Take any action with respect to any Submissions that we deem necessary or appropriate in our sole discretion, including if we believe that such Submission violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not review Submissions before they are posted on the Websites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding Submissions provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

OUR INTELLECTUAL PROPERTY
The Websites contain intellectual property owned by the Company and its licensors, including trademarks, copyrights, proprietary information, and other intellectual property. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to the Company or to our licensors (“IP”). Without our prior written consent, you may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or in part, except as follows: (i) your computer may temporarily store copies of IP in RAM incidental to your accessing and viewing the IP; and (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

As a condition of your use of the Websites, you warrant to the Company that you will not use the Content for any purpose that is prohibited by these Terms. You may not use the Content in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

The information presented on or through the Websites is made available solely for general information purposes only. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

We may update the Content on the Websites from time to time, but the Content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time and we are under no obligation to update such material.

You must not use the Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, or designs without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Websites are the trademarks of their respective owners.

CHANGED TERMS
We may at any time amend these Terms, including our Privacy Policy and Disclaimers. The date of the last revision will be indicated by the “Last updated” date at the top of this page. Such amendments are effective immediately when we post the new Terms and apply to all access to and use of the Websites thereafter. We reserve the right to update any portion of our Website, including these Terms, at any time. If you continue to use our Website after we have made revisions, your continued use constitutes consent to the revised Terms, Privacy Policy and Disclaimers. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.

YOUR USE OF THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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 THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITES OR RESOURCES, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITES.

ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.

IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY.

AVAILABILITY
Your use of the Websites and any associated services may sometimes be subject to interruption or delay. We will not be liable to you should our Websites or the resources or services supplied through our Website become unavailable, interrupted, or delayed at any time and for any reason. From time to time, the Company may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users.

SECURITY
The security of your contact information is of utmost importance to us. However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of the Websites and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access to the Websites or any outbound hyperlinks.

THIRD PARTY RESOURCES
The Websites may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

The Company may, from time to time, provide content from a third party. 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. They do not necessarily reflect the opinion of the Company. The Company does not control the information provided by third parties, is not responsible or liable to you or any third party for any information provided, and cannot guarantee the accuracy of any statements made by any third party.

INDEMNIFICATION
You agree to defend, indemnify, and hold the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of or relating to your breach of any of these Terms, your use of the Websites, its Content, and any product or service purchased from the Websites, or your failure to maintain the confidentiality and/or security of your password or access rights to the Websites and its Content. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS; SEVERABILITY
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.

ENTIRE AGREEMENT; WAIVER
These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement between you and the Company pertaining to the Websites and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Websites. Any waiver by us of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing by the Company.

GOVERNING LAW; JURISDICTION; MEDIATION
These Terms, including with the Privacy Policy and Disclaimers shall be construed in accordance with, and governed by, the laws of the District of Columbia. The parties agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures. If mediation fails, the courts of the District of Columbia shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. At Company’s sole discretion, it may require you to submit any disputes arising out of or relating to these Terms or use of the Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

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

ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by us. If you do not see a usage scenario here that applies to your intended usage contact us at hello@amplify-well.com.

CONTACT INFORMATION
This website is operated by Amplify Wellness LLC. You may contact us‬, by email at hello@amplify-well.com, or by mail at 1717 N Street NW STE 1, Washington, DC 20036.