Welcome to Ampower. Ampower is a site where professional showcase and market them self. Professionals can do so by requesting others that know their work to review them (the "Service"). Your use of the Service (including any of the content or any services offered) is subject to these Terms of Service ("TOS"). These TOS may be revised at any time without notice to you by posting revised TOS at any time.
Your use of the Service constitutes your binding acceptance of the TOS, including any changes that we make. This Agreement constitutes a binding and enforceable agreement between you (individually and in your capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of the Service) and Ampower. By using the Service or any Services, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the Ampower Web site and all its Services. Although the registration process may require you to "click-through" or otherwise affirmatively agree to be bound by the provisions of this Agreement, this Agreement is binding on you by your use of the Ampower Web site or Services, regardless of whether or not you ultimately choose to register.
When you use the Service(s) in the course of your employment or business, you enter into this Agreement both individually as well as in your capacity as an employee, officer, agent, partner, etc. of the organization you represent, and references in this Agreement to "you" shall mean both you as the individual user of the Service and as a representative of your organization.
In addition, when using particular Ampower owned or operated services, you and Ampower shall be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
"Ampowers App" and "Ampower Apps" refers to Ampowers properties such as website, mobile website, iOS native application and Android native applications. "We," "us," and "our" refer to Ampowers Apps.
"You" and "Your" refers to you, as a user of Ampowers App. A "User" is someone who views, accesses, browses, reviews, rates, comments, agrees, disagrees, crawls, scrapes, or in any way participates in the Site.
"Content" refers to ratings, reviews, messages, comments, agree and disagree clicks, questions and answers, data, text, photos, graphics, audio, video, location data, information publicly displayed or any other form of data or communication (Please note that Content may be anonymous or by an identified User).
"Your Content" refers to Content you transmit using Ampowers Apps. Including, but not limited to ratings, reviews, messages, comments, agree/disagree/like clicks, questions and answers, data, text, photos, graphics, audio, video, location data, information you publicly display, information which is displayed on your profile page or other forms of tangible or intangible data or communications.
Permission to use the Site
Subject to full compliance with these TOS, Ampower grants authorized Users a nonexclusive, nontransferable, non-sub licensable, terminable license to access and use the Sites and Services for your personal and/or business use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal and/or business use and as described in this TOS without the express written consent of Ampower. Ampower may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Ampower shall not be liable to any User or other third party for any such modification, update, suspension or discontinuance.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any material information that is untrue, inaccurate, not current or incomplete, or Ampower has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ampower has the right to suspend or terminate your account and refuse any and all current or future use of the Service and any portion thereof.
Communication from Ampowers App
By creating an account, you agree to get communication from Ampower. You also agree to allow Ampower to communicate with your friends/contacts on your behalf like newsletters and promos, invites and requests for reviews.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Ampower, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Ampower has limited control over the Content posted via the Service and, as such, does not and cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Ampower be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
If you believe that You have been the victim of Content that is offensive, indecent or objectionable Ampower will review the content and on its sole discretion can remove the content in question.
You agree to not use the Service to:
a. Publish, post, upload, email, distribute, disseminate or otherwise make available (collectively "Transmit") any unlawful, infringing, harmful, threatening, abusive, inappropriate, harassing, tortious, defamatory, vulgar, obscene, indecent, defamatory, libelous, invasive of another's privacy, profane, hateful, or racially, ethnically or otherwise objectionable Content; and
b. Transmit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; and
c. Transmit files that contain viruses, corrupted files, or any other similar software or any other computer code, files or programs that may damage, interrupt, destroy, limit the functionality or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment; and
d. Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," contests or any other form of solicitation that are designated for such purposes; and
e. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
f. Harm minors in any way; and
g. Impersonate any person or entity, including, but not limited to, an Ampower representative or falsely state or otherwise misrepresent your affiliation with a person or entity; and
h. Forge headers or otherwise manipulate identifiers or other data in order to disguise the origin of any Content transmitted through the Service or to manipulate your presence on our sites; and
i. Download any file that you know or reasonably should know, cannot be legally obtained in such manner; and
j. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; and
k. Restrict or inhibit any other user from using and enjoying any public area within our Site; and
l. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and
m. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure; and
n. Intentionally or unintentionally violate any applicable local, state, national or international law or engage in any illegal activities.
In addition to the procedures stated above, You acknowledge that Ampower may or may not pre-screen Content, but that Ampower and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Ampower and its designees shall have the right to remove any Content that violates these TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Ampower or submitted to Ampower, including without limitation information in Ampower Message Boards, and in all other parts of the Service.
Our Rights to use any Content
Ampower does not claim authorship of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Ampower a world-wide, royalty free, perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the Ampower network of properties that are intended by Ampower to be available to the general public.
Potential uses of Content, likenesses and other information
Ampower can use your likeness (pictures, first and last name, location and other details you provide us) as promotional materials to your contacts. Promotions includes using your likeness in stories, invites, request reviews and other content on ampower. Ampower also may relay stories about You to the people in your "friends circles." These stories are based on the reviews you write or that people write about you which include the likes and comments found in your reviews. These stories may be displayed in newsfeeds and sent to your friends via email or other forms of communications like push notifications or SMS and the like.
If you permit Ampower to upload your contacts, the platform will identify and obtain your friends name, email pictures and other information which may accompany the contacts. Ampower reserves the right to use this information on the Site and in our emails.
Ampower has developed proprietary software named "Tony." With your permission Tony connects to your inbox and will automatically find people that you can review and people that can review you. In addition, with your permission Tony will email these people on your behalf with the goal of getting more reviews for your profile. Please note that you can always change Tony's preferences to block anyone you don't want Tony to reach out too. You can also disable Tony whenever you chose. Tony is able to sort through your contacts by scanning headers and display the contacts you engage with the most. Tony is then able to identify the most relevant contacts that know you and your work best. Unless you change Tony's preferences to the contrary, you consent to the means by which this relevant information is compiled and obtained.
Note: Ampower doesn't download or access any email content (subject line and body).
Ampower cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Sites and Services. You acknowledge that Ampower simply acts as a conduit and an interactive computer service provider for the publication and distribution of User-generated Content. You understand that all posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Ampower does not control, and is not responsible for Content or Service Provider Content made available through the Sites and Services, and that by using the Sites and Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.
You further acknowledge that Ampower has no obligation to screen, preview, monitor or approve any User-generated Content on the Sites and Services. However, Ampower reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates these TOS. By using the Sites and Services, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Sites and Services. Under no circumstances will Ampower be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Sites and Services. You waive the right to bring or assert any claim against Ampower relating to Content, and release Ampower from any and all liability for or relating to any Content. Ampower has no obligation to review, monitor, or remove any Content or other materials, except as required by law or in these TOS.
As stated previously, you may, however, report Content that you believe violates these TOS or is otherwise unlawful by sending an email to firstname.lastname@example.org (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys' fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that Ampower may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that Ampower has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Ampower has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Ampower reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ampower shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Ampower and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. In that regard, any Content that you put on Ampower can be mined for the purpose of statistics, analytics, ads or anything else the Company deems appropriate.
FEEDBACK and Submissions:
Ampower appreciates hearing from you, as well as our other Users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services 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 Ampower. In addition, none of the Submissions will be subject to any obligations of confidentiality and Ampower will not be liable for any future use or disclosure of such Submissions.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. Because Ampower has no control over such sites and resources, you acknowledge and agree that Ampower is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Ampower 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 site or resource
You agree to indemnify, defend and hold harmless Ampower, its officers, managers, owners, employees, agents, designees, Users, successors, assigns, service providers 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 these TOS by you; (b) the inaccurate or untruthful Content or other information provided by you to Ampower or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Ampower will have sole control of the defense of any such damage or claim.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMPOWER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE AND NON-INFRINGEMENT.
B. AMPOWER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMPOWER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
E. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMPOWER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AMPOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE
CHOICE OF LAW AND Arbitration:
The TOS and the relationship between you and Ampower shall be governed by the laws of the State of California without regard to its conflict of law provisions. Ampower may elect to resolve any controversy or claim arising out of or relating to these TOS or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or Ampower (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
Notice of Copyright Infringement
Ampower respects the intellectual property of others, and we ask our Users to do the same. Ampower may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Ampower's Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Ampower's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
4848 San Felipe RD,
San Jose, CA, 95135
You agree that Ampower may, under certain circumstances and without prior notice, immediately terminate your Ampower account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Ampower account includes (a) removal of access to all offerings within the Service, including but not limited to Ampower Message Boards and Web sites, (b) deletion of your password and all related account information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Ampower's sole discretion and that Ampower shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
Waiver and Severability of Terms
The failure of Ampower to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.No Right of Survivorship and Non-Transferability
You agree that your Ampower account is non-transferable and any rights to your Ampower I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statue of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.