Website Terms of Use



American Marketing & Publishing, L.L.C. and its affiliates ("AMP," "we," "us," or "our") provide the website technology, hosting, maintenance, and related services for the website and its subpages linked to these Terms of Use (the "Site"). The business, professional practice, nonprofit organization, church, or other entity whose goods, services, programs, or other offerings are identified on the Site (the "Merchant") is the primary operator of the Site for purposes of providing information about, and responding to inquiries regarding, such offerings (the "Merchant Offerings"). AMP and/or the Merchant may make available certain information, content, features, and related services through the Site (collectively, the "Services"), subject to these Terms of Use (these "Terms"). These Terms establish the terms, conditions, rights, and responsibilities applicable to your access to and use of the Site and Services.

PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH IN SECTION 17 BELOW ("ARBITRATION AND DISPUTE RESOLUTION AGREEMENT"), AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH AMP ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION (UNLESS YOU OPT OUT). BY VIRTUE OF YOUR USE OF THE SITE AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE ARBITRATION AND DISPUTE RESOLUTION AGREEMENT, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, BY SUBMITTING ANY CONTENT TO THE SITE), YOU ARE AGREEING TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE OR SERVICES.


1. THE SITE

The Site is made available by AMP as a website platform and service provider on behalf of the Merchant. The Merchant is the primary operator of the Site with respect to the Merchant Offerings and is responsible for the accuracy and legality of information presented about the Merchant and the Merchant Offerings, and for responding to inquiries regarding the Merchant Offerings.

The Site may provide general information, promotional content, FAQs, and other content regarding the Merchant and the Merchant Offerings, and may also include interactive features such as contact or inquiry forms, chat or chatbot functionality, review or testimonial submission tools, and embedded or framed third-party features (such as scheduling, estimates, payments/donations, or e-commerce applications). Not all features or Services described in these Terms are available on every Site, and certain features may be provided by third parties. Provisions of these Terms that are expressly conditioned on the availability of a feature (for example, "if," "when," or "to the extent") apply only when that feature is made available to you through this Site.

For the avoidance of doubt, AMP does not sell, provide, or fulfill Merchant Offerings and does not verify, validate, endorse, or guarantee any Merchant Offerings or any information about the Merchant Offerings displayed on the Site.


2. CHANGES TO THE SITE AND THESE TERMS

We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site and/or Services. We reserve the right at any time to modify or discontinue the Site or Services (or any part thereof) without notice. To the maximum extent permitted under applicable law, we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.

In addition, we may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by sending a message to the email address that we have on file for you (if any) or posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site and Services constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.


3. PRIVACY POLICY

Information that you provide to us or that we collect about you through your access to and use of the Site or Services is subject to our Privacy Policy, the terms of which are hosted at www.ampcorporate.com/privacy-policy, hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy.


4. AGE REQUIREMENTS

No one under the age of 18 may access or use the Site or Services unless supervised by a parent or legal guardian who is bound by these Terms. By accessing or using, or attempting to access or use, the Site or Services, you represent that you are at least 18 years of age and that you are able to enter into legally binding contracts, including, without limitation, these Terms (or, if you are under 18 years of age, that your parent or legal guardian has reviewed and agrees to be bound by these Terms on your behalf).


5. CONTENT AND INTELLECTUAL PROPERTY

5.1  Content

The content and other materials displayed or made available on or through the Site and Services, including, without limitation, text, information, data, content, articles, photos, images, graphics, and illustrations (collectively, the "Content"), are protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site and Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content, or (ii) in a way that violates someone else's (including, without limitation, ours, the Merchant's, or any other third party's) rights.

5.2  Ownership; No Transfer

You understand and agree that AMP, the Merchant, and/or our or its respective licensors own all right, title, and interest in and to the Site, Services, and Content, subject to the rights of third parties and the Merchant in their respective trademarks and other intellectual property. You acquire no ownership interest by accessing or using the Site, Services, or Content.

The Site may display proprietary rights notices, including the footer notice "© 2026 American Marketing & Publishing, L.L.C. All rights reserved. Names, logos, and other marks displayed are the property of their respective owners." You agree not to remove, alter, or obscure any such notices.

5.3  Merchant Content; AMP Platform Provider

Notwithstanding anything herein to the contrary, you expressly acknowledge and agree that AMP is a platform and service provider and shall not be responsible for Merchant Offerings or for Content supplied by the Merchant or other third parties. The Merchant is responsible for informational and promotional Content about the Merchant and the Merchant Offerings (other than User Submissions, as defined below) and for the Merchant Offerings (whether provided through the Site or otherwise) and the fulfillment of obligations relating thereto. AMP does not verify, validate, endorse, or guarantee any Merchant Offerings, or the accuracy, completeness, truthfulness, reliability, or legality of any Content supplied by the Merchant.

5.4  Feedback

By submitting suggestions or other feedback regarding the Site or Services, you agree that AMP and the Merchant can use and share such feedback for any purpose without compensation to you. You agree to only provide content or information that does not violate the law or anyone's rights (including, without limitation, intellectual property rights).

5.5  COPYRIGHT COMPLAINTS; NOTICE AND TAKEDOWN (DMCA)

AMP respects the intellectual property rights of others and expects users of the Site to do the same. If you believe that any content available on or through the Site infringes a copyright you own or control, you may submit a written notification to AMP's Designated Copyright Agent as described below (a "DMCA Notice"). It is AMP's policy, in appropriate circumstances and in AMP's sole discretion, to disable and/or remove content alleged to be infringing and to terminate access for repeat infringers.

A. DMCA Notice Requirements. To be effective, a DMCA Notice must include substantially the following information:

1.  A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

2.  Identification of the copyrighted work claimed to have been infringed (or, if multiple works are covered by a single notice, a representative list);

3.  Identification of the material claimed to be infringing and information reasonably sufficient to permit AMP to locate the material (e.g., the specific URL(s));

4.  Information reasonably sufficient to permit AMP to contact you, such as your name, mailing address, telephone number, and email address;

5.  A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6.  A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

DMCA Notices should be sent to AMP's Designated Copyright Agent at:

American Marketing & Publishing, L.L.C.
Attn: DMCA Agent
915 E. Lincoln Hwy, DeKalb, IL 60115
Email: legal@ampcorporate.com

B. Counter-Notification Procedures. If you believe material was removed or disabled due to mistake or misidentification, you may send a written counter-notification to AMP's Designated Copyright Agent. A counter-notification must comply with the requirements of 17 U.S.C. § 512(g), including your signature, identification of the removed material and its prior location (URL), a statement under penalty of perjury that you have a good-faith belief the removal was due to mistake or misidentification, and your name/contact information and consent to jurisdiction as required by law. Upon receipt of a valid counter-notification, AMP may provide it to the complaining party and may restore the material in accordance with applicable law unless AMP receives notice that the complaining party has filed an action seeking a court order to restrain the allegedly infringing activity.

C. Misrepresentations. Please note that under applicable law, any person who knowingly materially misrepresents that material or activity is infringing (or was removed or disabled by mistake or misidentification) may be subject to liability.

D. Merchant Content. The Site includes content and information provided by the Merchant and, in some cases, by users or third parties. AMP is a platform and service provider and may remove or disable access to content in response to a DMCA Notice or for other reasons as permitted by these Terms. Requests regarding the Merchant's own content may also be directed to the Merchant using the contact information provided on the Site.


6. USER CONDUCT

You may access and use the Site only in connection with your use of the Services and Content as permitted herein and only for your personal use. Any other access to or use of the Site constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws.

In accessing and using the Site, Services, or any Content, you agree that you will comply with all applicable federal, state, and local laws, including, without limitation, copyright and other intellectual property laws, data privacy laws, cyber harassment laws, anti-spam laws, and other regulatory requirements.

In addition, you agree that you will NOT:

7. USER SUBMISSIONS

7.1  User Submissions; License

The Site may permit you to submit, upload, or otherwise provide your comments, testimonials, reviews, feedback, or other information or content regarding your experience with the Merchant or Merchant Offerings ("User Submissions"). By submitting User Submissions, you grant to AMP and the Merchant a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, copy, edit, modify, translate, reformat, create derivative works of, display, perform, publish, distribute, and otherwise act with respect to your User Submissions, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, as we deem necessary to: (i) provide the Site, Services, and Content; and (ii) otherwise support AMP's and/or the Merchant's businesses, including without limitation to further market, develop, and improve the Site, Services, Content, and Merchant Offerings, and to conduct research and analytics. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding your User Submissions that you may have under any applicable law under any legal theory. You represent and warrant that you own, or otherwise have all rights, permissions, and authorizations necessary to grant the foregoing license and that such use by AMP and/or the Merchant will not infringe or otherwise violate any rights of any third party.

7.2  Prohibited User Submissions

You are solely responsible for all of your User Submissions and for ensuring they comply with these Terms and applicable laws. User Submissions are prohibited if they:
7.3  Moderation

We have the right, but do not assume the obligation, to review and monitor User Submissions and determine whether they comply with these Terms and applicable laws. We may edit, refuse to post, remove, or disable access to any User Submissions for any reason. We assume no liability for any User Submission that appears or is removed from the Site or elsewhere.

7.4  No Endorsement

User Submissions are made by their respective authors and not by AMP. We do not endorse and are not responsible for User Submissions, and will not be liable for any loss or damage caused by your reliance on them.

7.5  Third-Party Reviews Displayed on the Site

In addition to User Submissions collected directly through the Site, the Site may display reviews, ratings, testimonials, or similar statements about the Merchant that originate from third-party platforms or sources ("Third-Party Reviews"). Third-Party Reviews may be aggregated, excerpted, summarized, or displayed with attribution and links to the original source and may be presented for convenience and promotional purposes. AMP does not control Third-Party Reviews and does not guarantee their accuracy, completeness, or authenticity.


8. CONTACT FORMS; CHAT/CHATBOT; INQUIRIES

8.1  Inquiry Information

The Site may provide features that allow you to submit inquiries, requests for information, or other messages to the Merchant, including by entering contact information such as your name, email address, telephone number, and message content (collectively, "Inquiry Information"). If you choose to use these features, you represent and warrant that the Inquiry Information you provide is accurate and that you have the right to provide it.

8.2  No Guarantee of Response

AMP does not guarantee that the Merchant will receive, review, or respond to any Inquiry Information or that any response will be timely or satisfactory.

8.3  Chat/Chatbot Disclosures

The Site may provide a chat feature or automated chat functionality (including a chatbot) that uses information made available on the Site (and, in some cases, third-party services) to provide responses and to collect Inquiry Information if you request follow-up. Automated responses may be inaccurate or incomplete and are provided for general informational purposes only. You should not rely on chat or chatbot responses as professional advice or as a substitute for direct communications with the Merchant.

8.4  Consent to Contact

By providing your contact information through the Site, you authorize the Merchant (and service providers acting on the Merchant's behalf) to contact you at the phone number or email address you provide regarding your inquiry, including by call, text message, or email. Message and data rates may apply. You may opt out of marketing communications as described in the Privacy Policy or the applicable message.

8.5  No Confidential or Sensitive Information

Do not submit confidential, sensitive, or time-sensitive information through the Site. Messages you submit may be transmitted through and processed by systems operated by AMP and/or its service providers and may be stored, logged, and reviewed for purposes such as delivering the message, providing customer support, improving Site functionality, preventing fraud/abuse, and complying with law. AMP does not guarantee the confidentiality of messages submitted through the Site.

8.6  Not for Emergencies; Health and Medical Information

The Site is not intended for emergency communications. If you believe you have an emergency, call 911 (or your local emergency number) immediately.

If the Merchant is a healthcare provider or otherwise offers services where health information may be discussed, do not submit Protected Health Information or other medical details through the Site unless the Merchant expressly provides a secure method for doing so. Examples include diagnosis, treatment information, prescription information, insurance/member IDs, or medical record numbers.

8.7  Embedded or Framed Third-Party Tools; Third-Party Accounts

The Site may include, embed, or frame third-party services or applications (including scheduling, estimates, payments, donations, e-commerce, or similar tools) that may permit or require you to create an account directly with the third-party provider ("Third-Party Accounts"). Any Third-Party Account is governed by the third party's terms and privacy policy. AMP does not control and is not responsible for Third-Party Accounts, including the security of your login credentials or any activity occurring under such accounts. You are solely responsible for maintaining the confidentiality of your Third-Party Account credentials.


9. TERMS OF SALE

If the Site enables you to purchase, donate, or place orders for Merchant Offerings via the Site, the terms of this Section 9 shall apply to any such purchase, donation, or order (each, a "Transaction").

9.1  Transaction Parties. Each Transaction is between you and the Merchant (and not AMP). The Merchant is the seller/provider of Merchant Offerings and is solely responsible for fulfilling the Transaction.

9.2  Information You Provide. To complete a Transaction, you may be required to provide certain information such as your name, email address, phone number, shipping and billing address, and payment information. You must provide current, complete, and accurate information for Transactions.

9.3  Payments; Refunds. You agree to pay the full amount of fees charged under each Transaction. Refunds, returns, exchanges, cancellations, and other Transaction terms (if any) are determined by the Merchant and/or the applicable payment processor and their policies.

9.4  Third-Party Payment Processors. Payment processing is subject to the terms, conditions, and privacy policies of the Merchant's third-party payment processor. Neither AMP nor the Merchant is responsible for failures of a third-party payment processor to adequately protect your payment information.

9.5  Shipping (If Applicable). Shipping and tracking options (if any) will be indicated at checkout. When Merchant Offerings are delivered to the shipping address provided, risk of loss and title will transfer to the recipient unless otherwise stated by the Merchant.

9.6  Descriptions and Pricing. The Merchant is solely responsible for the accuracy and legality of Merchant Offering descriptions, pricing, and related information. Descriptions and pricing may change without notice, and may be inaccurate, incomplete, or outdated.


10. TERMINATION OF ACCESS

We may, in our sole discretion, without liability, and without notice to you, immediately suspend, limit, and/or terminate your access to the Site and/or Services for any reason, including, without limitation: (i) if we believe in our sole discretion that you have violated these Terms or any applicable laws or regulations; (ii) at the request of law enforcement, government agencies, or courts; (iii) if we discontinue or materially modify the Site or the Services (or any part thereof); or (iv) if we believe in our sole discretion that your use or access to the Site or Services may create risk (including legal risk) for us, the Merchant, our respective affiliates or contractual partners, or other users.

Any suspension or termination shall not affect your obligations to us and the Merchant under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Site or Services shall survive, including, but not limited to, the "Content and Intellectual Property," "User Submissions," "Terms of Sale," "Indemnification and Release," "Disclaimers," "Limitation of Liability," "Arbitration and Dispute Resolution Agreement," and "Miscellaneous" sections of these Terms.


11. REVIEWS AND TESTIMONIALS

The Site contains Content and marketing information that is intended to cast the Merchant in the best possible light. Such Content has not been verified by AMP and may have been written by other users and members of the general public whose identity has not been verified or confirmed by AMP. We undertake no obligation to review, screen, investigate, or verify any such Content. Testimonials, reviews, endorsements, and Third-Party Reviews are presented for promotional purposes and may not be representative of prevailing consumer sentiment. Reviews and testimonials reflect the opinions of the authors and individual experiences may vary. All endorsement, testimonial, or review content should be considered unverified and may be biased, untrue, or not representative.


12. MERCHANT OFFERINGS AND THIRD-PARTY SERVICES

You acknowledge and agree that the Merchant is the seller and provider of all Merchant Offerings and is solely responsible to you for the care and quality of the Merchant Offerings and for any and all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, whether directly or indirectly. We have no control over and do not endorse the Merchant or any Merchant Offerings, and in no event shall we be responsible or liable for any conduct of or interactions you may have with the Merchant (whether or not related to the Site or Services) or for your use of any Merchant Offerings.

In addition, the Site and Services may be made available or accessed in connection with third-party services and content that we do not control. We will not be responsible or liable for your use of any such third-party services or content or for the conduct of, or interactions you may have with, any third-party provider of the same. You acknowledge that different terms of use and privacy policies may apply to your use of third-party services and content.


13. SECURITY AND NETWORK ACCESS

AMP takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and password used in connection with a Third-Party Account. You agree to notify us immediately if you discover loss of or access to such information by another party not under your control or supervision.

You are responsible for acquiring and updating compatible hardware, software, or devices necessary to access and use the Site and Services and any updates thereto. We do not guarantee that the Site or Services, or any portion thereof, will function on or with any particular hardware, software, or device. The Site and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.


14. INDEMNIFICATION AND RELEASE

You agree to indemnify and hold harmless AMP, its affiliates, and its and their respective officers, directors, owners, employees, contractors, and agents (collectively, the "Indemnified Parties") and the Merchant from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including attorneys' fees and costs) (collectively, "Claims") arising out of or relating to: (i) your use of the Site or Services; (ii) your breach or violation of any of these Terms; (iii) your User Submissions; or (iv) your violation of any applicable law or regulation. Further you agree to indemnify and hold harmless the Indemnified Parties from and against any and all Claims arising out of or relating to: (x) your use of any Merchant Offerings; or (y) any Transaction, relationship, interaction, or dispute that you may have or enter into with the Merchant.

Without limiting any of the foregoing, you acknowledge and agree that you are solely responsible for your relationship and interactions with the Merchant. To the maximum extent permitted under applicable law, you hereby release the Indemnified Parties from any and all claims or liability related to any Content or Services provided by the Merchant, any Merchant Offering, any action or inaction by the Merchant, including, without limitation, any harm caused to you by any action or inaction of the Merchant or the Merchant's failure to comply with applicable law, and any conduct, content, posting, or User Submission of any other user or third party.


15. DISCLAIMERS

15.1  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES AND THE MERCHANT DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES CONCERNING AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, OR ERROR-FREE OPERATION.

15.2  ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DISCONTINUATION OF USE OF THE SITE AND SERVICES IS YOUR SOLE RIGHT AND REMEDY FOR ANY DISSATISFACTION WITH THE SITE, SERVICES, OR ANY OF THE CONTENT.


16. LIMITATION OF LIABILITY

16.1  We may use third parties to provide certain features and services accessible through the Site and Services. WE WILL NOT BE LIABLE TO YOU FOR THEIR ACTS OR OMISSIONS. IN ADDITION, IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATING TO ANY MERCHANT OFFERINGS, THE CONDUCT OF THE MERCHANT OR ANY OTHER USER, OR YOUR RELATIONSHIP, TRANSACTIONS, INTERACTIONS, OR DISPUTES THAT YOU MAY HAVE WITH THE MERCHANT OR ANY OTHER USER, INCLUDING CLAIMS RELATING TO FALSE ADVERTISING, PERSONAL OR BODILY INJURIES, ILLNESSES, DAMAGES, OR DEATH.

16.2  TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY, WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, DATA LOSS, OR OTHER INTANGIBLE LOSSES (EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, OR ANY CONTENT UNDER ANY THEORY OF LIABILITY. OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE, SERVICES, AND ANY CONTENT SHALL IN ALL EVENTS BE LIMITED TO THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) AMOUNTS YOU PAID TO AMP (IF ANY) FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.


17. ARBITRATION AND DISPUTE RESOLUTION AGREEMENT

PLEASE READ THIS SECTION 17 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE A LAWSUIT IN COURT.

17.1  Scope; Parties; Merchant Not Included

You and AMP agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or your access to or use of the Site or Services, as between you and AMP (collectively, "Disputes"), will be resolved exclusively by final and binding arbitration on an individual basis, except as expressly provided in Sections 17.3 (Opt-Out) and 17.4 (Small Claims; Injunctive Relief). For the avoidance of doubt, the Merchant is not a party to this Section 17.

The provisions of this Section 17 constitute the parties' written agreement to arbitrate Disputes under the Federal Arbitration Act ("FAA").

17.2  Informal Resolution First

Before initiating arbitration, you and AMP agree to try to resolve any Dispute informally. You must send a written notice of the Dispute ("Notice of Dispute") to AMP at:

American Marketing & Publishing, L.L.C.
Attn: Legal Department – Notice of Dispute
915 E. Lincoln Hwy.
DeKalb, IL 60115

The Notice of Dispute must include: (i) your name and contact information; (ii) the URL of the Site you visited (if known); (iii) a brief description of the Dispute and the relevant facts; and (iv) the relief you seek. If AMP has a Dispute with you, AMP will send notice to the email address you provided (if any) or by other reasonable means.

If the Dispute is not resolved within 30 days after AMP receives the Notice of Dispute, either party may commence arbitration as described below.

17.3  Opt-Out

You may opt out of this arbitration agreement by sending AMP a written opt-out notice that is (a) sent only by U.S. mail, (b) personally signed by you, and (c) postmarked no later than 30 days after the first date you access or use the Site after these Terms become effective (the "Opt-Out Notice").

The Opt-Out Notice must include: (i) your full name; (ii) your current mailing address; (iii) a clear statement that you wish to opt out of the arbitration agreement in Section 17; (iv) the URL of the Site you visited (if known); and (v) the email address and/or telephone number you provided through the Site (if any).

Send the Opt-Out Notice to:

American Marketing & Publishing, L.L.C.
Attn: Arbitration Opt-Out
915 E. Lincoln Hwy.
DeKalb, IL 60115

A valid opt-out applies only to the individual who submitted it and does not affect any other provisions of these Terms. If you opt out, Disputes between you and AMP will be resolved in court (not arbitration) as otherwise provided in these Terms; however, you and AMP agree to bring any such Dispute only on an individual basis to the fullest extent permitted by law.

17.4  Small Claims and Injunctive Relief

Notwithstanding the foregoing, either party may bring an individual action in small claims court (if eligible). In addition, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party's intellectual property rights.

17.5  Arbitration Provider; Rules; Arbitrator

The arbitration shall be administered by JAMS and conducted before a single arbitrator pursuant to the JAMS rules and procedures then in effect (the "Rules"), as modified by this Section 17. If JAMS is unavailable, the parties will mutually select a comparable arbitration provider.

17.6  Location; Remote Hearings

The arbitration will be conducted by telephone, video, and/or based on written submissions, unless the arbitrator determines that an in-person hearing is necessary. If an in-person hearing is required, it will take place in DeKalb County, Illinois, unless the arbitrator determines that another location is required by the Rules or applicable law.

17.7  Fees; Attorneys' Fees

Payment of filing, administration, and arbitrator fees will be governed by the Rules. Each party will bear its own attorneys' fees and costs unless applicable law provides otherwise.

17.8  Individual Basis Only; Class Action Waiver

ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. The arbitrator may not consolidate claims or preside over any form of class, representative, or private attorney general proceeding. You and AMP waive any right to bring or participate in any class action, class arbitration, or representative action against the other.

17.9  Arbitrator Authority; Award

The arbitrator will apply and be bound by these Terms, apply applicable law and the facts, and issue a written decision. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

17.10  Limits on Relief

To the fullest extent permitted by law, the arbitrator's award must be consistent with the limitations in these Terms, including the "Limitation of Liability" section, as to the types and amounts of damages for which a party may be held liable.

17.11  Severability

If any provision of this Section 17 is held unenforceable, that provision will be severed and the remainder of this Section 17 will be enforced to the fullest extent permitted by law.


18. MISCELLANEOUS

18.1  These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site, Services, and Content.

18.2  Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

18.3  These Terms shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules. If for any reason a Dispute proceeds in court, you and AMP: (i) agree that any such Dispute may only be instituted in a state or federal court located in DeKalb County, Illinois and waive any defenses or objections based on jurisdiction, venue, or convenience; (ii) irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts; and (iii) AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY.

18.4  We may assign our rights and obligations under these Terms, in whole or in part, at any time to any third party without notice. You may not assign these Terms or any rights or obligations hereunder without our prior written consent.

18.5  Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

18.6  If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will not be affected, and the invalid, illegal, or unenforceable provision will be replaced by a valid and enforceable provision that comes closest to the intention underlying the invalid, illegal, or unenforceable provision.

18.7  Possible evidence of use of the Site or Services for illegal purposes may be provided to law enforcement authorities.

18.8  Discontinuation of use of the Site and Services is your sole right and remedy for any dissatisfaction with the Site, Services, or any of the Content.

18.9  You acknowledge and agree that the Merchant is an intended third-party beneficiary under these Terms and may enforce its rights under these Terms as if it were a direct party hereto. Except for the Merchant, these Terms do not confer any rights, remedies, or benefits upon any person other than AMP and you.


19. QUESTIONS

Please contact us with any questions regarding the Site, Services, or these Terms at customerservice@ampcorporate.com or:

American Marketing & Publishing, L.L.C.
915 East Lincoln Hwy.
DeKalb, IL 60115