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“Products” referred to by these Terms include but are not limited to: videos, templates, books (electronic and paper), communications, workshops, flash cards, files, and any other documents provided, paid for, purchased or for which you supply personal information in exchange, including free downloaded material or other information available through the Sites, obtained from The Amber Book. All such Products are the intellectual property of and are owned by The Amber Book.
By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of The Amber Book’s Products and Sites immediately.
Understand that by using the Sites, any Products, services or applications for which you tender payment or otherwise obtain through the Sites, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
WHAT WE DO
The Amber Book provides information and documents we hope will be helpful to those of you who have elected to manage your own method of test preparation. While The Amber Book makes an effort to keep our materials current and updated, because information available and tested can change at any time, The Amber Book can in no way guarantee that its Products and services are completely up to date at any given time. If you should need further direction or test preparation assistance, The Amber Book strongly encourages you to consult with supplemental test preparation providers for additional support.
The Amber Book will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. The Amber Book will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. The Amber Book is the sole manager of such information collected on the Sites and will use such information to respond to you as necessary. You grant The Amber Book a worldwide, royalty- free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.
Links on the Sites may be affiliate links controlled by parties other than The Amber Book to help support the maintenance of the Sites. The Amber Book does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release The Amber Book from any loss or damage incurred from dealing with such affiliate.
INTELLECTUAL PROPERTY LICENSE
The Amber Book owns or has licensing rights to all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of The Amber Book’s services, and; (d) any other intellectual property rights afforded to The Amber Book, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, The Amber Book does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Sites.
You agree not to make unauthorized use of or otherwise infringe upon The Amber Book’s Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. The Amber Book tracks evidence of such infringement and unauthorized use, access and sale of the Product (each instance an “Unauthorized Use”). You hereby permit The Amber Book to charge the credit card or other method of payment You make available for Product purchases in an amount equal to, but not to exceed, the price paid for the corresponding Product upon each instance of such Unauthorized Use in the event that The Amber Book is in possession of evidence of such Unauthorized Use. The Amber Book may otherwise take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms and nothing in this section shall limit The Amber Book’s ability to seek all remedies available to it whether it law or in equity.
(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;
(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;
(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and
(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products.
You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.
PRODUCTS ARE PROVIDED “AS IS”. THE AMBER BOOK OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE AMBER BOOK MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.
IN DESIGN, CONSTRUCTION, CONTRACT NEGOTIATION, OR REAL ESTATE, AMBER BOOK CONTENT NEVER REPLACES THE USE OF A COMPETENT LICENSED PROFESSIONAL CONSULTANT, FAMILIAR WITH THE PARTICULARS OF OF THE PROJECT.
LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, THE AMBER BOOK SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO THE AMBER BOOK, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of the Commonwealth of Virginia. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for Montgomery County. The Amber Book reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of The Amber Book’s Products, Materials and services.
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