Amperity Site Terms

Last Updated: November 13, 2024

Welcome to Amperity. Please read these Amperity Site Terms (“Terms”) carefully because they are a binding legal agreement between you and Amperity, Inc. (“Amperity” or “we”).

These Terms govern your use of the websites that link to these Terms, including without limitation the website located at www.amperity.com. In these Terms, the word “Sites” refers to each of these websites. You automatically agree to these Terms and to our Privacy Notice simply by using any of the Sites. If you do not agree to these Terms or the Privacy Notice, you must immediately cease your use of the Sites. Please note that we offer a variety of paid services. Your use of any Amperity paid service is governed by a separate manually or digitally-executed agreement (a “Service Agreement”). If there is a conflict between these Terms and Service Agreement, the Service Agreement shall control with respect to your use of the applicable Service.

THESE TERMS INCLUDE A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AND A TIME RESTRICTION ON BRINGING CLAIMS. PLEASE SEE THE “DISPUTES” SECTION BELOW FOR ADDITIONAL INFORMATION.

1. Accounts

1.1 You may be required to create an account and specify a password to use certain services or features on the Sites. To create an account, you must be at least 18 years old, and you must provide truthful and accurate information about yourself. You may not impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.

1.2 In some cases, an account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without our involvement.

1.3 You may not share your account with anyone else. Please keep your password confidential. If you believe that your account has been compromised at any time, please notify Amperity immediately.

2. Modifications and Termination. We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you don’t like any modifications, you may stop using our Sites at any time.

3. Content You Post

3.1 We may provide opportunities for you to post text or other content or materials (collectively, “Content”) on the Sites. You can only post Content if you own all the rights to that Content, or if the owner of all the rights has given you permission.

3.2 You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use such Content. The foregoing license continues even if you stop using our Sites.

3.3 If you send us any information, ideas, suggestions, or other feedback to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.

4. Content Posted by Others. We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another user of the Sites.

5. Your Use of the Sites

5.1 You may not use the Sites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms).

5.2 If we, in our sole discretion, determine that you have acted in violation of these Terms or otherwise inappropriately, we reserve the right to take down your Content, terminate your account, prohibit you from using the Sites, and/or take appropriate legal actions.

5.3 When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Sites. We may communicate with you by email if you have provided us with your email address or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to an email address you provide to us. Please note that by submitting Content, creating a user account, or otherwise providing us with your email address, postal address, or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Notice.

6. Intellectual Property

6.1 All text, graphics, user interfaces, visual interfaces, photographs, images, trademarks, logos, sounds, music, and computer code (collectively, “Amperity Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Amperity Content, contained on the Sites is owned, controlled, or licensed by or to Amperity, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property and unfair competition laws.

6.2 Using our Sites does not give you ownership of any intellectual property rights to any Amperity Content you access. Except as expressly provided in these Terms, no part of the Sites and no Amperity Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Amperity’s express prior written consent.

6.3 You may use information relating to Amperity services (such as data sheets, knowledge base articles, and similar materials) purposely made available to you by Amperity for downloading from the Sites, provided that you (a) not remove any proprietary notice language in all copies of such documents, (b) use such information only in connection with your authorized use of Amperity products or services and do not copy or post such information on any networked computer or broadcast it in any media, (c) make no modifications to any such information, (d) and comply with any additional restrictions relating to use of the information that Amperity provides to you.

7. Third-Party Sites. The Sites may link to or include features that operate in conjunction with certain third-party websites (“Third-Party Sites”). Your access and use of Third-Party Sites and the services provided through such Third-Party Sites is governed by the terms, policies, and other agreements posted on such Third-Party Sites. You are responsible for ensuring that your use of those Third-Party Sites complies with any applicable terms, policies, or other agreements.

8. Warranty Disclaimers

8.1 OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, AMPERITY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (“AMPERITY PARTIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE DO NOT WARRANT THAT THE SITES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR HARMFUL CODE. TO THE MAXIMUM EXSTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SITES “AS IS”.

8.2 SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

8.3 WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIRD-PARTY SITES OR THE SERVICES OFFERED THROUGH THIRD-PARTY SITES.

9. Disclaimers of Liability

9.1 EXCEPT WHERE PROHIBITED, THE AMPERITY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

9.2 IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, AMPERITY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THESE TERMS OR YOUR USE OF THE SITES, AMPERITY’S LIABILITY SHALL IN NO EVENT EXCEED U.S. $100.00. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS LIMITATION OF LIABILITY IS A FUNDEMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION AND YOU AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

10. Indemnification. You agree to indemnify and hold the Amperity Parties, and each of them, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of: (a) Content you submit, post, transmit, or otherwise make available through the Sites; (b) your use of the Sites; (c) your violation of these Terms; (d) your violation of any third party’s rights; and (e) your violation of applicable law.

11. Disputes

11.1 In the event of any dispute between Amperity and you arising out of or in connection with these Terms or use of the Sites, the parties shall attempt, promptly and in good faith, to resolve any such dispute informally. If we are unable to resolve any such dispute informally within a reasonable time (not to exceed 30 days), then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

11.2 These Terms and any dispute between Amperity and you arising out of or in connection with these Terms or use of the Sites shall be governed by the laws of the State of Washington without regard to its conflict of law provisions.

11.3 Except as expressly set forth below, you and Amperity irrevocably submit to the personal and exclusive jurisdiction of the state and federal courts located within the city of Seattle, Washington, USA. Each of you and Amperity may bring and maintain an action in any court of competent jurisdiction other to enjoin the misappropriation or infringement of intellectual property rights.

11.4 The prevailing party in any suit or action arising out of or in connection with these Terms or use of the Sites will be entitled to an award of costs and attorneys’ fees.

11.5 CLASS ACTION WAIVER. YOU AND AMPERITY AGREE THAT ANY LAWSUIT OR ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR USE OF THE SITES MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS, OR REPRESENTATIVE ACTION.

11.6 TIME RESTRICTION ON BRINGING CLAIMS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITES MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

12. General Terms

12.1 The failure of Amperity to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.2 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Amperity agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of these Terms will remain in full force and effect.

12.3 These Terms constitute the entire agreement between you and Amperity concerning your use of the Sites, superseding any prior agreements between you and Amperity with respect to the Sites. You also may be subject to additional terms and conditions that apply when you use or license certain other Amperity services or software.

12.4 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Amperity without restriction.

12.5 Our Address: Amperity, Inc. 701 5th Ave, Suite 2600 Seattle, WA 98104

http://amperity.com