Amplified Agility, LLC (“Amplified Agility “) provides you, the user (“You”), with home-based services to facilitate functional recovery after paralysis/spinal cord injury through nutritional consultation, coaching, and the ACCELERATE Program outlined on www.amplifiedagility.com (our “Website”).
In order to use the Website and/or Service (as defined below), You must read and accept all of the terms and conditions in, and linked to, these terms and conditions (this “Agreement”), which may be modified by Amplified Agility from time to time at our sole discretion. All modifications will be posted to the Website and such modifications will become effective immediately upon the posting thereof. It is Your responsibility to review this Agreement on a regular basis to keep Yourself informed of any modifications. We strongly recommend that, as You read this Agreement, You also access and read the linked information. BY ACCESSING THE WEBSITE AND/OR THE SERVICE (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. AMPLIFIED AGILITY SERVICE
Amplified Agility provides You with access to a variety of resources, including: information, content, products and services offered through the Website (collectively, the “Service”). Through the Website, You may submit content through online assessments, contact forms, client registration forms, comments on blog posts, chat boxes, and other parts of the Website that allow such submissions. You surrender any rights to Your content once it becomes part of our Website.
The Website, including but not limited to all pages within the Website and any content and materials made available for download, are the property of Amplified Agility. Except for the limited license granted in Section 8 below, Amplified Agility owns and retains all right, title, and interest in and to the Website, all copies, data, graphics, images, photos, videos, audio recordings, compilations, materials and information underlying or relating to the Website, and all intellectual, industrial, and proprietary rights in or relating to any of the foregoing. The Website and all aspects thereof are protected by federal and international copyright and trademark laws and are legally protectable as property of Amplified Agility. You agree that all such content, whether or not legally protected by copyright law, are protectable by this Agreement and no portion of the content and materials on the Website may be reprinted, republished, modified, or distributed in any form without the express written permission of Amplified Agility. The Website is for Your own personal use. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded content and materials and shall comply with any applicable end user license agreements. You hereby acknowledge that You are a limited purpose licensee of the content and materials on the Website and You have agreed to abide by all terms and conditions restricting Your license.
There shall be no returns or refunds for products that You purchase as part of the ACCELERATE program or through the Website. In the event that You cancel any services that You have purchased as part of the ACCELERATE program or through the Website, Service fees will be refundable on a prorated basis.
You understand and acknowledge that all of the content and materials provided on the Website are provided as general information. The content and materials provided on the Website are not provided to serve as unsolicited medical, legal and/or financial advice to You, nor as a suggestion of a need for medical, legal and/or financial services. Neither Your use of the Website and Service, nor anything herein, shall create an physician-patient relationship, attorney-client relationship, broker-dealer relationship, or any other relationship between Amplified Agility and You, and any e-mails exchanged between Amplified Agility and You shall not be considered a privileged or confidential communication. Further, You should not rely on the content and materials provided on the Website when making decisions regarding medical, legal or financial matters, but should consult with a qualified physician, attorney or financial professional to obtain medical, legal or financial advice.
Choosing a doctor, lawyer, or investment advisor is a serious matter and should NOT be based solely on data contained on our Website or in advertisements. The law is constantly changing and the data may not be complete or accurate depending on Your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. This is why You should seriously consider hiring licensed, professional counsel in Your jurisdiction. Medical issues are complex, and can often stem from both organic and psychological factors. Never should a website be used as a source of diagnosing or treating medical problems. Financial matters are highly individualistic. Risk tolerance is just one factor to consider before making any investments or financial decisions. For these, and other, reasons, You should look to the guidance of a trained professional, not a website.
Consult Your physician or other healthcare professional before beginning the Service if You have a medical condition or are taking ANY medications. You are required to immediately notify us of any changes in Your current medical condition(s). Such conditions include but are not limited to blood clots, pressure sores or skin breakdown, recent falls, injuries, as well as any change to prescribed medications. Depending on Your current medical condition(s), medical clearance may be required before You are permitted to start or continue receiving the Service.
THIS WEBSITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS WEBSITE. THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS WEBSITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
2. REGISTRATION INFORMATION
As a condition of registering for use of the Service, You agree to (a) provide Amplified Agility with true, accurate, current, and complete information as prompted by the Amplified Agility registration forms on the Website, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness, of such information.
3. MINIMUM AGE
If You are under the age of eighteen (18), You are prohibited from using or registering for the Service.
4. USE VOID WHERE PROHIBITED
Use of the Service is void where prohibited.
6. ACCOUNT SECURITY
You will choose a password when You register. Your user ID will be the valid email address that You enter. Your user ID and password may only be used by You and the members of Your household. You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.
7. CALL RECORDING
You acknowledge and agree that Amplified Agility may monitor and/or record any telephone calls between You and Amplified Agility.
8. LIMITED LICENSE TO WEBSITE
By agreeing to the terms and conditions of this Agreement, Amplified Agility grants You a limited license to access and use the Website and/or Service for Your personal use. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit for any commercial, educational, or any other non-personal purpose any content that is not Your sole and exclusive property, without the express written consent of Amplified Agility.
9. YOUR CONDUCT
In connection with Your use of the Service, You represent and warrant that You:
(a) are above the age of eighteen (18);
(b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) will not access, download, or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(d) will not submit any content that may be considered by Amplified Agility to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically, or otherwise objectionable;
(e) will not submit content that is encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable, or otherwise overburden our Website;
(f) will not access, download, or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(g) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(h) will not use the Service in any manner that infringes, misappropriates, or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate, or violate a third party’s rights of publicity, contractual rights, fiduciary rights, or intellectual property rights;
(i) will not use the Service in any way that could interfere with the rights of Amplified Agility or the rights of other users of the Service;
(j) have sufficient rights in and to all content that You provide, transmit, or otherwise convey to Amplified Agility;
(k) will not reproduce, duplicate, copy, sell, re-sell, or exploit any content belonging to a third party; and
(l) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute the content that you provide to us, whether through the Website or otherwise, and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing.
(m) will perform all actions in preparation for receiving the Service, including the ACCELERATE program and/or coaching sessions and also carry out any act matter or thing in preparation for future sessions as determined by Your coach and facilitator. You will advise us as soon as You become aware that these actions will not or cannot be performed.
(n) will ensure that Your key family members, team members, caregivers to be present during portions of the ACCELERATE program’s monthly training sessions. If You wish for someone else to be present (friend, trainer, healthcare professional, film crew), You agree to obtain Amplified Agility’s permission first.
(o) will make all efforts and schedule all coaching sessions at such times to ensure Your peak physical, mental and emotional state and condition necessary for the conduct of the sessions and shall (if necessary) take all steps to cancel any session in the event that You are not well enough to continue. You will not hold Amplified Agility liable for any loss or cost incurred by You (or any person related to You) in the event of mental, physical, emotional stress or distress (or other ailment or condition) caused either directly or indirectly in relation to the sessions. You shall indemnify Amplified Agility in the event of any such claim.
(p) will pay all charges for the Service when due.
The content that You provide does not reflect the views of Amplified Agility, its officers, managers, owners, employees, agents, designees, or other users. In addition, Amplified Agility retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. Amplified Agility may suspend, restrict or terminate Your use of the Service and refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement, infringes upon others’ intellectual property rights, or constitutes pornography, obscenity, or excessive length. Amplified Agility may at any time, without prior notice and in its sole discretion, remove such content, terminate Your account for submitting such material in violation of these Terms and Conditions, and/or contact appropriate authorities. Additionally, Amplified Agility may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
10. DISCLOSURE OF INFORMATION
Amplified Agility may make Your identifiable information, account information, and the content available to our employees and third parties with whom we contract to handle Your account. In addition, Amplified Agility may provide non-personally identifiable aggregate statistics, unique identifiers, demographic, and other anonymous information about You and other users of the Service to advertisers, and other third parties. You agree that Amplified Agility may make such uses of information You provide or Amplified Agility collects.
You agree that Amplified Agility may access, preserve, and disclose Your account information, any information provided by You to Amplified Agility, including, but not limited to, the content for the purposes described in this Agreement, if required to do so by law or if in good faith, Amplified Agility believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property or personal safety of Amplified Agility, users of its Service, and/or the public.
11. MODIFICATION OF TERMS AND CONDITIONS
Amplified Agility will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website. Amplified Agility will make note of the date of the last update to the Agreement at the bottom of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Website or Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Website and Service.
12. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE/WEBSITE
Amplified Agility may upgrade, enhance, change, suspend, discontinue, or otherwise modify any aspects or components of the Website at any time in its sole and absolute discretion and without notice. Any modifications made available to You will be subject to the terms of this Agreement. Amplified Agility reserves the right at any time to limit access to, modify, change, or discontinue the Service and/or Website with or without notice to You and we shall not be liable to You for any such modification, suspension, or discontinuance of the Service or Website. You agree that Amplified Agility will not be liable to You or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Service or Website. You agree that Amplified Agility may establish general practices, policies, and limits, which may or may not be published, concerning the use of the Service, including without limitation, the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that Amplified Agility has no responsibility or liability for the deletion or failure to store any communications maintained or transmitted by or through the Service. You agree that Amplified Agility has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Amplified Agility is not responsible for any delays, failures, or other damage resulting from such problems.
14. USER FEEDBACK
Amplified Agility appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Although we do value Your feedback on our Service, please be specific in Your comments regarding our Service and do not submit creative ideas, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, or other information (collectively, the “Submissions”), such Submissions will be the property of Amplified Agility. In addition, none of the Submissions will be subject to any obligations of confidentiality and Amplified Agility will not be liable for any future use or disclosure of such Submissions.
15. COPYRIGHT MATERIALS
Aside from user-submitted content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations, and software (collectively, the “Copyright Materials”) are the exclusive property of Amplified Agility and/or its licensors and are protected by all United States and international copyright laws.
16. WARRANTY DISCLAIMER
To the maximum extent permitted by applicable law, Amplified Agility disclaims all representations and warranties of any kind with respect to the Website and Service, including but not limited to implied warranties of non-infringement, title, merchantability, quiet enjoyment, quality of information, and fitness for a particular purpose. You understand and agree that THE WEBSITE AND SERVICE, AND ALL CONTENT CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT AMPLIFIED AGILITY MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE WEBSITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR SERVICE WILL BE ACCURATE, RELIABLE, OR PERMANENT; OR (C) ANY ERRORS IN THE WEBSITE AND/OR SERVICE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY LAW, AMPLIFIED AGILITY, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICE AND WEBSITE AND YOUR USE THEREOF.
Amplified Agility shall not be responsible for any delays, errors, failures to perform, interruptions, or disruptions in the Website and/or Service caused by any acts of God, strikes, lockouts, riots, acts of war, changes in law or regulations, fire, flood, earthquake, storm, power failure, or failures of the Internet.
Amplified Agility makes no representation or warranty of any kind, expressed or implied, as to the accuracy or completeness of any information accessible via the Website or Service, or any other content, materials, products or services available through the Website or Service. No oral or written information or advice given to You by Amplified Agility or any other party with respect to the Website or Service or anything related thereto shall create a representation or warranty, or in any way increase the scope of Amplified Agility’s obligations hereunder. You assume total responsibility and risk for Your use of the Website and/or Service. Further, Amplified Agility will not be a party to or in any way responsible for any transaction between You and a third party.
Our Website may contain links to third party websites, including but not limited to social media websites and commercial websites. Third party websites may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies or the terms and conditions of third party websites. You release us and our affiliates from any liability for damages that You incur, and agree not to assert any claims against us or them, arising from Your purchase or use of any products or services made available on third party websites. We make no representations whatsoever about any other website which You may access through this one or which may link to this Website. When You access a website from our Website, please understand that it is independent from our Website, and that our Website has no control over the content on that website. These links are provided solely as a convenience to You and not as an endorsement by our Website of the contents on such third party websites. Our Website is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of material on such third party websites. If You decide to access linked third party websites, You do so at Your own risk.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMPLIFIED AGILITY, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) WHATSOEVER, RESULTING FROM (A) THE USE OR INABILITY TO USE THE WEBSITE AND/OR SERVICE; (B) THE DELETION OF CONTENT; (C) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (D) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION, DATA OR CONTENT; (E) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT, OR OTHERWISE CONVEY THROUGH THE SERVICE; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THROUGH THE SERVICE; (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICE BY ANY THIRD PARTY, OR ANY UNAUTHORIZED USERS OR HACKERS ATTEMPTING TO OBTAIN ACCESS TO THIS WEBSITE OR INFORMATION TRANSMITTED TO OR FROM THIS WEBSITE; (H) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICE; AND/OR (I) ANY BREACH OF THIS AGREEMENT BY AMPLIFIED AGILITY OR THE FAILURE OF AMPLIFIED AGILITY TO PROVIDE THE WEBSITE AND/OR SERVICE UNDER THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU ACCEPT SOLE AND COMPLETE RESPONSIBILITY FOR ANY DECISIONS MADE OR ACTIONS TAKEN BY YOU IN RELIANCE UPON THE SERVICE OR WEBSITE, OR CONTENT CONTAINED THEREIN. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND SERVICE ARE NOT INTENDED TO SUPPLY MEDICAL, FINANCIAL, OR LEGAL ADVICE.
You agree to indemnify, defend, and hold harmless Amplified Agility, its officers, managers, members, owners, employees, agents, designees, users, successors, assigns, partners and suppliers from and against all losses, liabilities, expenses, damages, claims, demands, and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful content or other information provided by You to Amplified Agility or that You submit, transmit, or otherwise make available through the Website and/or Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Amplified Agility will have sole control of the defense of any such damage or claim, at Your expense. You shall provide Amplified Agility with such assistance, without charge, as may be requested in connection with any such defense, including, without limitation, providing Amplified Agility with such information, documents, records and reasonable access to You as deemed necessary by Amplified Agility. You shall not settle any third party claim or waive any defense without the prior written consent of Amplified Agility.
19. ENTIRE AGREEMENT
This Agreement governs Your use of the Website and Service and constitutes the entire agreement between You and Amplified Agility. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between You and Amplified Agility regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Amplified Agility under this Agreement.
20. GOVERNING LAW
This Agreement and the relationship between You and Amplified Agility will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located, or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in San Diego, California and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Amplified Agility may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
21. PROVISIONS REMAINING IN EFFECT
We may cancel or terminate Your right to use or view any part of the Website or to purchase from the Website or obtain the Service for any reason at any time without notice. In the event of cancellation or termination, You are no longer authorized to access the part of the Website or Service affected by such cancellation or termination and You must immediately pay Amplified Agility any monies owed by You under the Client Service Agreement. Upon termination we shall immediately cease to be liable to You in respect of the ACCELERATE program and coaching sessions. The restrictions imposed on You with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive.
In the event You are no longer a user of this Website or the Service, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Section 12 and Sections 17 through 23 herein.
Any and all disputes, controversies, or claims arising out of or relating to this Agreement, including without limitation, any claims or demands based on contract law, tort law, equity, statute and/or the common law shall be determined by binding arbitration, except that Amplified Agility may seek such injunctive relief as may be appropriate to enforce this Agreement pending an arbitration. Arbitration will be administered by the American Arbitration Association in accordance with the Commercial Arbitration Rules.
Any party may initiate arbitration by giving the other party a written demand for arbitration in accordance with the notice provisions of this Agreement. Within ten (10) days of receipt of a demand for arbitration under this Section 22, the other party shall deliver a written response on the demanding party, specifying the party’s intent to participate or abstain from participation in the demanded arbitration. In the event the other party does not deliver a written response on the demanding party within the time period specified above, then and in that event, the demanding party shall proceed as if the party has not agreed to participate. Arbitration shall be initiated by service of the demand for arbitration. Arbitration shall be initiated within a reasonable time after the claim has arisen. In no event may arbitration be demanded more than one (1) year after such claim or cause of action arose.
The arbitration shall be conducted and determined by a sole arbitrator. The arbitrator will be chosen by mutual agreement of the parties. If the parties fail to reach agreement within thirty (30) days of service of the demand for arbitration, the arbitrator will be chosen by mutual agreement of two arbitrators, one appointed by each party. The two arbitrators’ choice of arbitrator shall be final and binding on the parties. The two arbitrators will use their best efforts to appoint an arbitrator within ten (10) days of being informed of the parties’ request for an appointment.
The up-front costs of the arbitration and arbitrator fees shall be borne by the parties equally. Costs and fees so paid will be subject to reallocation by the arbitrator in the award as provided for in this agreement. If any party fails or refuses to pay its share of the cost of arbitration the other party may, at its option, (1) elect to pay the entire cost of the arbitration, in which case the obligation of the nonpaying party to otherwise participate in the arbitration is not excused, or (2) immediately proceed to litigation. Regardless of which party ultimately prevails, the arbitrator, shall award liquidated damages in the amount of ten thousand dollars ($10,000.00) to the party who paid the costs of the arbitration.
At the request of a party, the arbitrator may in his or her discretion order reasonable discovery on a showing of good cause. The parties desire a speedy resolution of any disputes that may arise. To that end, the arbitrator will, on his or her appointment, consult with the parties to discuss a reasonable hearing and, if appropriate, discovery schedule.
Unless otherwise agreed by the parties, the arbitration hearings will be conducted in San Diego, California. In the event of a dispute over whether particular issues are arbitrable under this Agreement, the arbitrator, and not the court, shall determine whether or not the arbitrator has jurisdiction over such issues, and the arbitrator’s decision as to the arbitrator’s jurisdiction over issues will be final and binding. This agreement to arbitrate is intended to be binding on and to inure to the benefit of the parties to this Agreement, their principals, successors, assigns, affiliates, partners, employees, parent or subsidiary entities, and to any other parties whose claims or defenses may arise out of or relate to this Agreement. The arbitration award shall be in writing, signed by the arbitrator and shall be in the form of a written, reasoned opinion setting forth the arbitrator’s findings of fact and conclusions of law. In any arbitration arising out of this Agreement, the prevailing party is entitled to reasonable attorney fees. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. If a party fails or refuses to appear or participate in the arbitration, or in any portion of the arbitration, after having been given notice and opportunity to participate as provided in this Agreement, the arbitration will proceed and the arbitrator may render a final award on the basis of the evidence presented by the participating party. An award rendered under such circumstances is valid and enforceable as if all parties had participated fully.
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. We may assign our rights and duties under this Agreement to any party at any time without notice to You.
It will not be considered a waiver of Amplified Agility’s rights if Amplified Agility fails to enforce any of the terms or conditions of this Agreement against You.
In the event a court finds a provision in this Agreement to not be valid, You and Amplified Agility agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement.
No joint venture, partnership, employment, or agency relationship exists between You and Amplified Agility as a result of this Agreement or use of the Website or Service.
We reserve the right to investigate complaints or reported violations of these Terms and Conditions and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to Your profile, email addresses, usage history, IP addresses and traffic data.
THIS AGREEMENT SHALL NOT BE GOVERNED BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE WEBSITE OR THE SERVICE. BY USING THE WEBSITE OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Last updated on July 21, 2016
© 2016 Amplified Agility, LLC All Rights Reserved.
Amplified Agility, LLC (“Amplified Agility “) provides you, the user (“You”), with home-based services to facilitate functional recovery after paralysis/spinal cord injury through nutritional consultation, coaching, and the ACCELERATE Program outlined on www.amplifiedagility.com (our “Website”).