Terms and Conditions
Effective Date: 1/13/2025
These Terms and Conditions (the “Terms and Conditions”) are entered into between you (“you,” or “User”) and Academy of Medical Education (“AME,” “we,” “us,” and “our”). These Terms and Conditions govern your access to and use of AME services offered on our website(s) available at https://ame-set.com/, as well as any websites directly owned by AME where this Policy is linked (the “Website”), and any of our platforms or services (such as our online education platform), including any content or functionality associated with the platforms and Website (collectively, with the Website, the “Platform”). The Platform is owned and operated by AME.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
YOU MAY NOT ORDER OR OBTAIN SERVICES FROM THE PLATFORM IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH AME, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE PLATFORM OR ANY OF THE PLATFORM’S CONTENTS OR GOODS BY APPLICABLE LAW.
By placing an order for our services or by accessing, browsing, submitting information to and/or using the Platform, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and Conditions and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE PLATFORM OR PLACE AN ORDER.
1. PURPOSE OF THE PLATFORM AND OUR SERVICES
The Platform is provided for informational purposes, the purposes of enabling communication between you and AME, and providing our services to you. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
Website Purpose : Our Website provides general information about AME, the courses we offer, and forms to submit inquiries about these courses. The Website also includes a payment link for specific courses.
Separation from Learning Module System : This Website is separate from our Learning Management System (LMS). Course registration, inquiries, and payments are handled on the Website, but course content and access are delivered through our LMS, which you will be granted access to after completing payment.
No LMS Access via Website : The Website does not provide direct access to the LMS platform or educational content. Access to the LMS will be provided via email after enrollment and payment.
2. PRIVACY POLICY
These Terms and Conditions are incorporated by reference and should be read in conjunction with the Platform’s Privacy Policy.
3. USE OF THE PLATFORM
AME grants you a non-exclusive right to access and use the Platform and the data, material, content or information therein (collectively, the “Content”) solely for your personal use. The Content is the property of AME or its licensors. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without AME’s prior written permission under a separate agreement. You may download or print a copy of any portion of the Content solely for your personal, educational, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate any of the Content in any other database or compilation other than Content with share features offered on the Platform. Any other use of the Content is strictly prohibited. You agree to use the Platform only for lawful purposes, comply with all rules governing any transactions on and through the Platform and comply with applicable laws.
4. USER ACCOUNT RESPONSIBILITY
After enrolling in a course and completing payment through our Platform, you will receive credentials to access our LMS. These login credentials will be sent to you via email from info@ame-set.com.
If you are given, or if you create, an account (including any password) to access the Platform, you are responsible for maintaining the confidentiality and security of your account, including all of your passwords. When creating an account, you agree to provide us with accurate and complete information and detail, as required, and to keep it up to date. You are responsible for all activities that occur under your account and you agree to notify AME immediately of any unauthorized use of your account. AME is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
5.PROHIBITED USES
You agree that you will not:
Use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of it;
Attempt to gain unauthorized access to any Platform account, computer systems or networks associated with AME or the Platform;
Examples of our Service Providers, include:
Obtain or attempt to obtain any materials or information through the Platform by any means not intentionally made available or provided by AME;
Use any robot, spider, or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
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Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
Reverse engineer any aspect of the Platform or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Platform;
Use the Platform in any illegal, fraudulent or other unauthorized manner, or engage in, encourage or promote any activity that violates these Terms and Conditions;
Impersonate or attempt to impersonate AME, a AME employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Additionally, you must comply with any technical limitations of the LMS platform, ensuring that you do not:
Disclose the results of any benchmark tests of the LMS platform to any third party without prior written approval from AME.
Work around any technical limitations in the LMS platform.
Reverse engineer, decompile, or disassemble any LMS software, except and only to the extent that applicable law expressly permits.
Make more copies of any course materials than allowed by applicable law.
Publish LMS content for others to copy.
Rent, lease, or lend LMS access to any third party.
Use LMS services for commercial purposes unrelated to personal education.
6. THIRD-PARTY WEBSITES
The Platform may contain links to websites and platforms controlled or operated by persons and companies other than AME (“Linked Sites”). Linked Sites are not under the control of AME, and AME is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. AME is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. AME is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AME of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support AME or are identified in the Platform, including any delivery of and payment for goods and services.
7. THIRD-PARTY APPLICATIONS
You acknowledge that your access and use of any third-party applications or software on the Platform and Content (the “Third-party Applications”) is at your discretion and risk, and AME has no liability to you arising from your use of the Third-party Applications. AME hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold AME harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with your use or performance of the Third-party Applications.
8. COURSES AND OTHER INFORAMTION
We provide users of the Platform with access to certain content, products, and services related to education, which may include:
(a) seminar registration;
(b) live streaming media (e.g., webcasts and groupcasts) and on-demand streaming media;
(c) downloadable audio and video courses;
(d) simulated testing software;
(e) downloadable presentation materials;
(f) downloadable publications; and
(g) blogs.
The quality (e.g., the resolution) of streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors, such as your location, the content being streamed or downloaded and the speed of your Internet connection. AME makes no representation or warranty regarding access to content available through or in connection with Platform, including the quality of streaming content and the download speed of downloadable content.
We attempt to ensure that information provided by AME on or in connection with the Platform is complete, accurate, and current. Despite our efforts, such information may occasionally be inaccurate, incomplete, or out of date. Accordingly, we make no representation as to the completeness, accuracy, or currency of such information, including all descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Platform. Such information is also subject to change at any time without notice. Descriptions and images of, and references to, third-party products or services available in connection with the Platform do not imply AME’s endorsement of such third-party products or services. The inclusion of any products or services on the Platform at a particular time does not imply or warrant that these products or services will be available at any time.
9. ORDER ACCEPTANCE
Orders will be initiated when you submit an order on the Platform. You agree that your order is an offer to buy, under these Terms and Conditions, all services or products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. If you wish to purchase any services or products available through the Platform, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address and your shipping information. You represent and warrant that you have the legal right to use any payment cards or other payment methods utilized in connection with any transaction.
10. PRICES AND PAYMENT TERMS
All prices posted on the Platform are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Price increases, and any price decreases, will only apply to orders placed after such changes and will not change already placed orders. Posted prices do not include taxes. All such taxes and charges will be added to your merchandise total and will be itemized at checkout. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
For courses that require payment through our Platform, all payments are securely processed via Stripe, a third-party payment processor. For financing options, we offer Affirm through Stripe, allowing eligible customers to pay in installments. By choosing Affirm, you agree to Affirm’s Terms of Service and privacy policy You also agree to Stripe’s Terms of Service and https://stripe.com/privacy when making a payment through our website. AME does not store your credit card information; all payment details are securely handled by Stripe.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit or debit card information or other payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment information for the purchase, (iii) charges incurred by you will be honored by your financial institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
11. REFUNDS AND RETURNS
No Refunds, Credits, or Exchanges: We maintain a strict no-refund policy for all course purchases. All sales made through the Platform are final. To the extent permitted by law, we do not offer refunds, merchandise credits, or exchanges for any course purchases. We encourage you to carefully review the course details before making a purchase.
For more information on refunds and returns, please see our Return Policy.
12. INTELLECTUAL PROPERTY NOTICES
The Platform and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Platform or Content in any manner, except as expressly permitted by AME in these Terms and Conditions. The Platform and Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of AME or applicable owner.
Copyright. You should assume that everything you see or read on the Platform is copyrighted unless otherwise noted and may not be used without the written permission of AME. AME neither warrants nor represents that your use of materials displayed on the Platform will not infringe the rights of third parties. Content, images, photographs, data, or illustrations displayed on the Platform is either property of, or used with permission by, AME. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Platform. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark. Nothing contained on the Platform should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Platform without the written permission of AME or such third party that may own a trademark displayed on the Platform. Your misuse of AME’s trademark(s) displayed on the Platform, or any other Content on the Platform, except as provided herein, is strictly prohibited.
Your Content. Any Content you create (such as User Content as defined below) or own or to which you have a license and use on the Platform is Your Content. In sharing Your Content on the Platform, you warrant and represent you have the legal right to use Your Content and grant AME an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Platform services as described in these Terms and Conditions and in any posted policies on the Platform. The Platform services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our AME systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Platform. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, AME or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Platform should be directed to info@ame-set.com.
13. USER CONTENT
The Platform may contain features that allow you to post, submit, publish, display or transmit to other users or other persons text, materials, or other content (collectively, “User Content”) on or through the Platform. AME assumes no responsibility for the conduct of any user or you submitting any User Content, and assumes no responsibility for monitoring the Platform for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Platform is at your own risk.
14. MONITORING USER CONTENT
We have the right to:
Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms and Conditions, including the content standards, infringes any right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for AME, or if such User Content is not applicable to the subject matter (for example, providing unnecessary information).
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms and Conditions
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform
AME has a zero tolerance policy for any User Content that constitute, in our sole discretion, harassment, racism, obscene content, discrimination or any other offensive content of any kind. At our sole discretion, we may suspend, terminate or permanently ban your access to the Platform and our services for any violation of this zero tolerance policy.
However, we do not undertake to review material before it is posted on the Platform. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content 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.
YOU WAIVE AND HOLD HARMLESS AME AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AME OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS RELATED TO USER CONTENT AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
15. LOCATION OF OUR SERVICES
We make no claims that the Platform or any of its contents are accessible or appropriate in every jurisdiction. Access to the Platform may not be legal by certain persons or in certain countries.
16. LIMITED WARRANTY AND DISCLAIMERS
AME does not provide any warranties with respect to any of its services. Any products or services manufactured or provided by a third party (“Third Party Goods”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, products and services offered by AME. ALL PRODUCTS AND SERVICES OFFERED BY AME, INCLUDING THE PLATFORM OR ANY THIRD-PARTY PRODUCTS, ARE PROVIDED “AS-IS” WITHOUT ANY WARRATY WHATSOEVER. AME MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PLATFORM OR ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. YOU AFFIRM THAT AME SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF ANY THIRD-PARTY’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, AME AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE PLATFORM OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE PLATFORM. YOU SPECIFICALLY ACKNOWLEDGE THAT AME AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE PLATFORM AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER AME NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE PLATFORM WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. AME FURTHER MAKES NO WARRANTY THAT THE PLATFORM WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT AME, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE PLATFORM OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST AME FOR DISSATISFACTION WITH THE PLATFORM OR THE CONTENT IS TO CEASE YOUR USE OF THE PLATFORM AND/OR THE CONTENT.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
17. FORCE MAJEURE
AME shall not be responsible nor deemed to be in default on account of delays in performance due to causes that are beyond AME’s control and not occasioned by AME’s fault or negligence and which make AME’s performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work provided such cause is beyond AME’s reasonable control.
18. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AME OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORM, SERVICES, PRODUCTS, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE PLATFORM OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE PLATFORM, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF AME OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE PLATFORM OR PLACING AN ORDER ON THE PLATFORM SUBJECT TO THESE TERMS AND CONDITIONS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IN ANY CASE, AME’S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO AME FOR THE SERVICES OR PRODUCTS OVER THE PRIOR 12 MONTHS OR, IF YOU DO NOT PURCHASE ANY SERVICES OR PRODUCTS, ONE HUNDRED DOLLARS ($100.00).
19. INDEMNITY
You agree to defend, indemnify and hold harmless AME and its affiliates, directors, officers, employees, and/or agents (collectively, “AME Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) that may be incurred by any of AME Indemnitees arising out of or relating to (i) Your Content, (ii) your violation of these Terms and Conditions, (iii) your violation of any applicable laws, rules or regulations in connection with the Platform or use of the products, (iv) your negligence or more culpable act or omission in connection with the performance of these Terms and Conditions; or (vi) any bodily injury, death of any third party or damage to real or tangible personal property caused by the negligent acts or omissions of you or your employees and agents. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of AME Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, AME reserves the right to assume the exclusive defense and control of any proceeding that relates to AME, the Platform or products, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with AME in our defense thereof.
20. TERMINATION AND RESTRICTION OF ACCESS
In its sole discretion, AME may terminate or suspend your access to the Platform for breach of these Terms and Conditions or for any reason whatsoever, with or without notice. AME shall not be liable for any losses or damages arising from any such termination of service. Moreover, in addition to any remedies that may be provided under these Terms and Conditions, AME may terminate these Terms and Conditions with immediate effect upon written notice to you, if you: (a) fail to pay any amount when due under these Terms and Conditions and such failure continues for 15 days after your receipt of written notice of nonpayment; (b) have not otherwise performed or complied with any of these Terms and Conditions, in whole or in part; or (c) become insolvent, file a petition for bankruptcy, or commence or have commenced against you proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.
21. DISPUTE RESOLUTION AND BINDING ARBITRATIONS
We make no claims that the Platform or any of its contents are accessible or appropriate in every jurisdiction. Access to the Platform may not be legal by certain persons or in certain countries.
15. LOCATION OF OUR SERVICES
Purchasing of Products and Services.
YOU AND AME ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES OR PRODUCTS THROUGH THE PLATFORM, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR AME WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Platform
At AME's sole discretion, it may require you to submit any disputes arising from these Terms and Conditions or use of the Platform, 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 Kansas law.
22. LIMITATION ON TIME TO FILE CLAIMS
Any cause of action or claim you may have arising out of or relating to these Terms and Conditions or the Platform must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
23. GOVERNING LAW & JURISDICTION
All matters arising out of or relating to these Terms and Conditions are governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction) that would cause the Platform of the laws of any jurisdiction other than those of Kansas. You hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Johnson County, Kansas in all disputes arising out of or relating to the use of the Platform or the products purchased on the Platform.
24. NO WAIVERSS
The failure by us to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of AME.
25. CHANGES TO THESE TERMS AND CONDITIONS
AME may update or change these Terms and Conditions from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by AME. The effective date of any Terms will be reflected in the “EFFECTIVE” date at the top of these Terms and Conditions. Your continued use of the Platform after any such change is communicated shall constitute your consent to such change(s).
26. GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AME as a result of these Terms and Conditions or use of the Platform. These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than you. AME’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of AME’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by AME with respect to such use.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms and Conditions shall continue in effect. Provisions of these Terms and Conditions which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms and Conditions.
These Terms and Conditions, including the Privacy Policy, and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and AME with respect to the Platform, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and AME. A printed version of these Terms and Conditions and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
27. AME CONTACT INFORMATION
Questions can be directed to AME at info@ame-set.com