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Terms of Use

Effective Date: October 19, 2020

‍These Terms of Use (“Terms”) govern your relationship with the website located at https://www.amplifyrxsolutions.com (the “Website”) as well as other online products and services (collectively, the “Service”) and applies to all visitors, registered users and others who access or use the Service. The Service is operated by Amplify Rx LLC.  (“us”, “we”, “our” or “Amplify Rx”).Please read these Terms carefully, because by using the Websites, you accept and agree to the Terms and our Privacy Policy (collectively, the “Agreement”). These Terms apply to all visitors, users and others who access or use the Service. Violation of these Terms may, in Amplify Rx’s sole discretion, result in suspension or termination of your access to the Service. If you do not agree to these terms and conditions, in whole or in part, do not use the Service. We may change the Terms at any time, and your continued use of the Website is your agreement to any change in terms.

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These terms include an arbitration provision that may govern disputes between you and us. Unless you opt out as described below, or where the law provides otherwise, this provision will eliminate your right to a trial by jury and substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

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Basic Terms

Age Requirements: You must be at least 18 years old to use the Websites. 

 

Use of Service. To use the Service, you represent that: (a) you agree to these Terms on behalf of yourself; (b) you have the legal right and capacity to enter in to this Agreement in your jurisdiction; (c) you have not been previously banned by Amplify Rx from using the Service; and (d) you will not impersonate or misrepresent your identity or affiliation with another person or entity. You will need compatible hardware, software and Internet access. You are responsible for paying any fees to connect to the Internet and app stores or for data or mobile usage to download and use the Service.

 

‍Your Account. In order to use our Service, you may create an account and provide us with certain personal information. This information will be used in accordance with our Privacy Policy. Creating an account is optional, and you may use our Service as a guest. You must provide us with information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination or suspension of your account on our service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. If you permit someone else to access the Service on your device, you will assume complete responsibility for and will monitor any such use. You agree not to share an account with someone else, or transfer your account, in part or otherwise, to anyone else. You will not attempt to use or access another account.

‍Termination. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Agreement. You may stop using the Service at any time. Amplify Rx will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any content. 

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Authorized Use of Service and License

Related to a valid contract and subject to your continued compliance with the terms and conditions of these Terms, Amplify Rx provides you with a revocable, limited, non-exclusive, royalty-free, non-sub-licensable and non-transferable license to use the Service for your personal, non-commercial use. 

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Unauthorized Use of Service

This license does not permit and does not include permission for downloading (except for components required for site viewing purposes), modifying, translating, disassembling, reproducing, copying, distributing, transmitting, displaying site content in any way, form or through any medium; republishing or re-broadcasting the site or its contents; reselling or using any portion of this site or its contents (including any type of product information) for commercial purposes, without the explicit written permission or authorization of Amplify Rx.

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You may not use spiders, crawlers, robots, data mining or data collection techniques or other automated devices or programs to catalog, download, extract or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service, such as automating what are otherwise manual or one-off procedures.

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You will not otherwise attempt to derive the source code for the Service or any related technology or any part thereof. You may not take any action to interfere with, or disrupt, the Service or any other user’s use of the Service, including, without limitation, via means of overloading, “flooding”, “mail-bombing” or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Service within another website. You may not resell use of, or access to, the Service to any third party without our prior written consent.

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You may not use the Service for any illegal or unauthorized purpose and you agree to comply with all applicable laws and regulations, including without limitation, privacy laws, intellectual property laws and anti-spam laws.

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Intellectual Property and Amplify Rx Content

The Service and all contents are the property of Amplify Rx (the “Amplify Rx Content”) and are protected by copyright, trademarks, database and other intellectual property rights. Some materials on the Service belong to third parties who have authorized the Company to display the materials, such as certain third party licensors.  These Terms do not grant you a license to use any trademark of Amplify Rx or its affiliates. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Amplify Rx Content or circumvent any technological protection measures that are used on the Service to restrict access to and/or use of the Service, in whole or part and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Amplify Rx Content.

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All rights not granted under these Terms and Conditions are reserved by Amplify Rx.

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No Ideas Accepted

We do not accept any unsolicited ideas from outside Amplify Rx including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Service, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us and you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

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Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Amplify Rx to utilize your submission, you hereby grant Amplify Rx an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.  

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Service Availability and Disclaimer

Although Amplify Rx intends for the Service to be available as much as possible, there will be occasions when the Service is interrupted, including, without limitation, for scheduled maintenance or upgrades, emergency repairs or due to failure of telecommunication links and/or equipment.

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Arbitration / Jury and Class Action Waiver

U.S. Residents: This section affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of jury trial and class actions. Arbitration does not use a judge or a jury. Arbitration is final and binding and subject to only very limited review by a court. Please review this section carefully.

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This provision encompasses disputes or claims arising out of or relating to this Visitor Agreement, your use of the Websites, and your relationship with us, including any of our subsidiary, parent or affiliate companies. Disputes will be resolved by binding arbitration, except that either you or us may take claims to small claims court if they qualify for hearing by such a court.

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Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court if you opt out of this arbitration provision within thirty days from the earliest date you submitted information on the Websites (the “Deadline”). You may opt out by sending us a written notice after an initial email inquiry with your first name, last name, and the email address you may have used to submit information on the Websites at:

 

Any opt-out not received within three days of the Deadline will not be valid and you must pursue your claim in arbitration or small claims court.

 

Arbitration Procedures. For all disputes (whether pursued in court or by arbitration), you must first send a written description of your claim to our Fan Relations department (using the contact information below) to allow us an opportunity to resolve the dispute. You and we agree to negotiate your claim in good faith. If the dispute is not resolved within sixty days, you may request arbitration.

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The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules as modified by these terms. The AAA Rules and information about arbitration and fees are available online at www.adr.org. These terms evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your claim. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or result of any arbitration except as required by law or for purposes of enforcement of the award. Judgment on any award may be entered in any court having proper jurisdiction.

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Jury and Class Action Waivers. You and we agree that any proceeding, whether in court or in arbitration, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you exercise the Opt-Out as specified above, this class action waiver provision will not apply to you. You cannot be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the Opt-Out process described above. If for any reason a claim proceeds in court rather than through arbitration, you hereby waive any right to a jury trial.

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Any opt-out not received within three days of the Deadline will not be valid and you must pursue your claim in arbitration or small claims court.

 

Miscellaneous

For U.S. residents, if you Opt-Out of arbitration, or if the arbitration agreement is ever deemed unenforceable or void, you consent to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota, for all disputes or claims arising out of or relating to these Terms of Use, the Privacy Policy, or the use of these Websites. The Agreement shall be construed in accordance with the laws of the State of North Carolina, regardless of any conflicts of law principles.

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If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Terms shall remain enforceable. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of these Websites, you agree to inform us in writing and to give us thirty days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

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‍Contact Us

If you have any questions about these Terms or the Agreement, please contact us at info@amplifyrxsolutions.com

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