Thank you for your interest in Amber Shops, Inc. (referred to as, “Amber”, “us”, “we”, or “our” as the context may require). These Terms of Service (the “Terms”) serve as an agreement between you and us, and set for the terms and conditions by which you may access and use the Amber website and mobile application(s), (each a “Site”), and our related services, products, and content (together with the Sites, collectively referred to as the ”Services”).  

BY USING THE SERVICES, WHETHER THROUGH YOUR COMPUTER OR A MOBILE DEVICE OR MOBILE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND THE PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”). 

YOU MAY NOT SUBSCRIBE TO THE SERVICES IF YOU (A) DO NOT AGREE TO THE AGREEMENT, (B) ARE NOT THE OLDER OF (i) AT LEAST 16 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH AMBER, OR (C) ARE PROHIBITED FROM USING THE SERVICES, OR PURCHASING ANY OF THE SERVICES, BY APPLICABLE LAW.

PLEASE REVIEW THE DISPUTE RESOLUTION PROVISION SET FORTH BELOW CAREFULLY. YOU ARE REQUIRED TO RESOLVE DISPUTES WITH AMBER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THE AGREEMENT AND THE CONSEQUENCES THEREOF.

These Terms may be modified without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Modified” referenced on the site. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Site, however, you should review the Terms regularly for such changes. Your continued use of the Services after the “Last Modified” will constitute your acceptance of and agreement to such changes.

Privacy Policy

Your use of our Services is subject to our Privacy Policy. Our Privacy Policy describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights you may have with respect to such personal information. The Privacy Policy also sets forth the types and categories of personal information you are permitted to provide Amber, and your responsibilities and obligations with respect to such personal information. Please review our Privacy Policy carefully. For the avoidance of doubt, any claims, suits, or complaints related to the Privacy Policy shall be settled or otherwise addressed in accordance with the dispute resolution terms, and subject to the limitations of liability, set forth herein, in addition to all other terms and conditions herein. Amber is based in the United States, and the personal information that we collect and process is retained and stored in the United States. You may only access and use our Services if you are located in the United States of America.

Our Services provide a personalized experience to make them more relevant and engaging for you. We will recommend content, advertising, and other information to you based on what we know and infer about your and others’ interests from use of our Services. It is necessary for us to handle your personal information for this purpose, as we explain in our Privacy Policy. Personalization is also a condition of our contract with you for us to be able to do so, unless you opt to receive less personalization in the Services; however, please note that you will continue to receive non-personalized ads.  

Accessing the Services and Account Security

To access the Services, you may be required to create an account and provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Third-Party Sites and Vendor Services

Some of the content available on the Services may include paid promotional content and links to third-party services and vendors. Amber is not representing and does not endorse or warrant any third-party services and vendors that may be linked on the Services (“Vendors”). Product or service specifications provided by Vendors have not been reviewed by Amber for accuracy, quality or availability. We have no control over the contents of Vendor products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you have a problem with any products or services you received from a Vendor that you learned about or linked to via the Services, please discuss your concerns directly with the Vendor. We always welcome feedback about Vendors but will not be responsible or involved in any dispute between our users and our Vendors. You expressly acknowledge that Amber is not a party to any agreement for products or services entered into between you and a Vendor and that Amber shall not be a party to any claim or action you bring against a Vendor related to any products or services you viewed on the Services. Vendors are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, judgments, awards, losses, liabilities, costs, expenses, or fees (including reasonable attorneys’ fees) (collectively “Claims”) suffered by you as a result of your interaction with or visit to any Vendor or from any promotion, offer, product or service of any Vendor. To the maximum extent permitted by applicable law, you hereby release Amber and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors (collectively, the “Amber Entities”) from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “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 HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected Claims you may have against the Amber Entities pertaining to the subject matter of this Section 3. 

Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to the “look and feel” of the applicable site, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Amber, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our sites, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (ii) you may store files that are automatically cached by your web browser for display enhancement purposes, (iii) you may print or download one copy of a reasonable number of pages of our Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution, (iv) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms, as well as any other end-user agreement for such applications, and (v) if we provide social media features with certain content, you may take such actions as are enabled by such features.

You hereby acknowledge and agree that you will not (i) modify copies of any materials from our Services, (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our sites, and (iv) access or use for any commercial or competitive purposes any part of our Services. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by Amber. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The Amber name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Amber or its affiliates or licensors. You must not use such marks without the prior written permission of Amber. All other names, logos, product and service names, designs, and slogans on our Sites are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries), (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or asking them for personally identifiable information, (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Community Rules set out in these Terms, (iv) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, (v) to impersonate or attempt to impersonate Amber, any Amber employee, another user of the Services, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), (vi) to collect or share any personal information that is linked or can be reasonably linked to a consumer that identifies past, present or future physical or mental health status, or (vii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Amber or users of the Services, or expose them to liability. 

Additionally, you agree not to: (i) use the Sites in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Sites, including their ability to engage in real-time activities through the Sites, (ii) use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Services, (iii) use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms, without our prior written consent, (iv) use any device, software, or routine that interferes with the proper working of the Sites, (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which a Site is stored, or any server, computer, or database connected to the Sites, (vii) attack the Sites via a denial-of-service attack or a distributed denial-of-service attack, and (viii) otherwise attempt to interfere with the proper working of the Services.

User Contributions

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, social media links, and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials, whether provided to us directly by you or that you authorized us to access from third parties such as Facebook, Google, or Apple (collectively, “User Contributions”) on or through the Services. User Contributions must comply with the Community Rules set out in these Terms. Any User Contribution you post will be considered non-confidential and non-proprietary. 

You continue to own the intellectual property rights in any User Contributions that you create or share on the Services. However, we need legal permission to use your User Contributions to provide our Services. Therefore, when you share User Contributions, you grant Amber a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to access, use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, display, and perform such User Contributions, in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing or commenting (whether on Amber’s Sites or on third party sites), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). 

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, and all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Amber, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services. You acknowledge and agree that any User Contributions you place or that you authorize us to place on the Services may be viewed by other users and may be viewed by any person visiting or participating in the Services.

By submitting User Contributions, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, Amber and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such User Contributions, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, or defamation. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in these Terms at a later time.  

Monitoring and Enforcement

We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion, and to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including but not limited to, if we believe that such User Contribution violates the Terms, including the Community Rules, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Amber. You acknowledge and agree that we have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.  We have the absolute right to terminate or suspend your access to all or part of the Sites for any or no reason whatsoever, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS AMBER AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AMBER AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER AMBER AND SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot, and do not undertake to, review User Contributions or any other material before it is posted on the Sites, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions or transmissions, communications, or content provided by any user or third party.

Community Rules

You agree to treat other users in a courteous and respectful manner, both on and off our Services and to be respectful when communicating with any of our customer representatives or other employees. By using the Services, you agree that you will not: 

• post any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; 

• use the Services for any purpose that is illegal or prohibited by these Terms;

• promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

• infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

• violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;

• be likely to deceive any person;

• promote any illegal activity, or advocate, promote, or assist any unlawful act;

• cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;

• impersonate any person, or misrepresent your identity or affiliation with any person or organization;

• spam or solicit money or other items of value from other users, or involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;

• misrepresent your identity, age, qualifications, or affiliations; 

• use another user’s account, or share an account with another person; 

• create another account if we have previously terminated your account, unless you have received permission in writing from us. 

You acknowledge and agree that Amber may investigate and/or terminate your account if we determine in our sole discretion that you have violated these Terms, misused the Services, or behaved in a way that Amber regards as inappropriate or unlawful, including actions or communications that occur on or off the Services.

Safety; Your Interactions with Other Users

While Amber strives to create a positive user experience, Amber is not responsible for the conduct of any users on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Services or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT AMBER DOES NOT CONDUCT BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. AMBER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. 

Linking to the Site and Social Media Features

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Site may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on this Site, (ii) send emails or other communications with certain content, or links to certain content, on this Site, and (iii) cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not do any of the following: establish a link from any website that is not owned by you to the Site; cause the Site or portions of it to be displayed on, or appear to be displayed by, any other website; link to any part of the Site other than the homepage; or otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Community Rules set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Disclaimer of Warranties

THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, vendor, and/or service providers. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Amber, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Amber. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE, AND YOU WILL NOT SEEK TO HOLD US LIABLE, FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY MERCHANT SERVICES OR WEBSITES LINKED TO IT. YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO VENDOR SERVICES, IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO VENDOR SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AMBER NOR ANY PERSON ASSOCIATED WITH AMBER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER AMBER NOR ANYONE ASSOCIATED WITH AMBER REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO VENDOR SERVICES, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO VENDOR SERVICES, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, AMBER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE AMBER ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES OR VENDOR SERVICES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS LEGALLY PROHIBITED, THEN TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE AMBER ENTITIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00.

Indemnification; Governing Law

You agree to fully and completely defend, indemnify, and hold harmless Amber, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any Claims arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Site’s content, services, products, or Vendor Services other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

These Terms (including the Privacy Policy) shall be governed in all respects by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts of law principles.

Waiver of Class Action; Arbitration Agreement

Please read this section carefully.  It affects your legal rights, including your right to file a lawsuit in court.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND AMBER AGREE TO RESOLVE ANY CLAIM, DISPUTE OR CONTROVERSY ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING YOUR PURCHASE OF PRODUCTS THROUGH THE SERVICES, EXCLUDING ANY CLAIM, DISPUTE OR CONTROVERSY THAT QUALIFIES FOR SMALL CLAIMS COURT, EXCLUSIVELY AND FINALLY BY BINDING, BILATERAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR RATHER THAN IN COURT BY A JUDGE OR A JURY.

This agreement to arbitrate is intended to be broadly interpreted and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory.

Arbitration Rules.  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 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 agreement is 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. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

Exceptions to Agreement to Arbitrate: You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so. The small-claims court proceeding will be limited solely to your individual dispute or controversy. Amber may bring a lawsuit for injunctive relief or other legal action to stop unauthorized use or abuse of the Site(s) or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the arbitration process described above.

Class Action Waiver. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR AMBER 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.

Time Limitation. Any claim or dispute arising under these Terms must be initiated for arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.

Waiver and Severability

No waiver by Amber of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Amber to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Amber regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. 

Changes to the Terms

From time to time, we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. We will notify you if these Terms are updated by updating the “Last Updated” section of these Terms. These Terms are effective as of the “Last Updated” date provided herein. Your continued use of the Site signifies your consent to the Terms, as of the “Last Updated” date.

Contact Us

If you have questions regarding these Terms, please contact us at hello@ambershops.co.