Terms of Service

These Websites thedouglasjames.com and douglasjamesmarketing.com are owned and operated by Amped Local, Inc. (“company”). Any future references to “we”, “us” or “our” refer to directly to the company and its managing partners. Our company has made available this website and the information, tools, and services contained herein on the condition that you, the user, accepts and adheres to the terms of use, conditions, notices, and policies outlined below.

Ensure that you read the Terms of Service closely before accessing our site. By visiting this site and interacting with any of the content and tools and/or executing purchases for services or goods, you agree that you have read and understood the following and will adhere to the Terms of Service and any subsequent updates to these terms published on the site. These Terms of Service are applicable to all users of this site, including but not limited to researchers, browsers, vendors, potential and current customers, or press. If you are not in agreement with all the terms and conditions of this agreement, do not proceed to use the site or any of its associated tools or services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is the user’s responsibility to ensure they have read and understood the latest version of our Terms of Service. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 1: ONLINE STORE TERMS

By agreeing to these Terms of Service, you attest that you are of the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you consent to the use of this site by your minor dependents as appropriate.

Use of our tools or products for any illegal or unauthorized purpose is expressly prohibited. Use of our tools or products that violate laws in your respective jurisdictions, including but not limited to copyright laws is also expressly prohibited.

As a user of this site, you agree not to transmit viruses, worms, and any other malware, spyware, or otherwise destructive code. Doing so may result in an immediate termination of any services you may have with our company.

SECTION 2: GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content, with the exception of credit card data, may be transferred unencrypted and involve transmission over various networks; we also make periodic changes to comply with and adapt to technical requirements of connecting networks or devices. Credit card information is always transmitted over encrypted networks.

SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary or more timely sources of information. While every effort is made on our part to keep this information up to date and accurate, we are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk and the user agrees that Amped Local, Inc. shall not be held responsible for any personal, financial, or others losses or hardships that arise as a result of consulting the information on this site.

This site may contain certain historical information that may not be current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation and make more promises to update any information on our site. By using this site, you agree that it is your responsibility to monitor changes to our site and perform your own due diligence.

SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service or any part or content thereof without notice or advance warning.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Services, or unavailability of the information on our site.

SECTION 5: PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and be subject to exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the user’s monitor’s display of any color will be accurate.

We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer and to place order minimums and maximums as we see fit.

All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any

product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse to fulfill any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, with the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify the user by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors. In these cases, we will rely on our sole discretion and do not make any guarantee of an appeals or review process.

The user agrees to provide current, complete and accurate purchase and account information for all purchases made from our store. The user agrees to promptly update account and other information, including email address and credit card numbers and expiration dates in the event of changes so that we can process transactions and contact the user as needed without delay.

For more details, please review our

Comment [A1]: You may want to hyperlink these types of references so the user can be directed to the page.

Return Policy.

SECTION 7: OPTIONAL TOOLS

Our site may provide you with access to third-party tools. We do not monitor over these tools, nor do we have the ability to offer input or control their development and/or improvement. The user acknowledges and agrees that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to the use of optional third-party tools.

Any use by the user of optional tools offered through the site is entirely at their own risk and discretion; users should ensure they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Should we offer new services and/or features through the website in the future including, the release of new tools and resources, such new features and/or services shall also be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials and links from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with our company. We bear no responsibility for examining or evaluating the content or accuracy and we do not bear any liability or responsibility for any

third-party materials or websites, or for any of their other materials, products, or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Users should carefully review the third-party’s policies and practices and make sure they understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9: USER COMMENTS AND OTHER SUBMISSIONS

If users transmit specific submission at our request (e.g., contest entries) or without a request, users send creative ideas, express concerns, and submit suggestions or other materials, whether through our online contact form, email, postal mail, or my other means, the users understand the we retain the right without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us as permitted by law. We are and shall be under no obligation to maintain any submissions in confidence; to pay compensation for any submissions; or to respond to any submissions.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. We reserve the right to use our sole discretion when making decisions about what content to remove.

The user agrees that comments will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary rights. Users further agree that comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. Users are prohibited from using a false e-mail address, posing as someone else, or otherwise misleading us or third- parties as to the origin of any comments. Users are solely responsible for any legal action that may stem from their comments that violate applicable laws. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10: PERSONAL INFORMATION

Your submission of personal information through our site is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 11: ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except

as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12: PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) to disseminate any obscene or immoral content; or (k) to interfere with or circumvent the security features of the Service or any related website, or other websites. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13: DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results obtained from the use of the service will be accurate or reliable.

Users agree that at our discretion, we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

Users expressly agree that the use of, or inability to use, the service is at their sole risk. The service and all products and services delivered through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non- infringement.

In no case shall Amped Local, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

As some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14: INDEMNIFICATION

You agree to indemnify, defend and hold harmless Amped Local, Inc. and our subsidiaries, affiliates, and relevant constituents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of breach of these Terms of Service or the documents they incorporate by reference, or the violation of any law or the rights of a third-party.

SECTION 15: SEVERABILITY

Should any provision of these Terms of Service be determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16: TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all intents and purposes.

These Terms of Service are effective. The user may not terminate, cancel, or request a refund at any time. If the user submits a charge back or dispute, our company has the complete authority and to reverse the charge back or dispute by submitting proof of signed agreement including both parties consent to these terms of service.

If in our sole judgment the user fails, or we suspect that the user has failed, to

comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and the user will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the user access to our Services or any part thereof.

SECTION 17: ENTIRE AGREEMENT

The failure of our company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or with respect to our Service constitutes the entire agreement and understanding between the user and us and governs use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the user and us, including, but not limited to any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be the responsibility of the drafting party.

SECTION 18: GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California in the United States.

SECTION 19: CHANGES TO TERMS OF SERVICE

Users can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is the user’s responsibility to check our website for changes and ensure they understand and accept the current Terms of Service.

Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20: CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@thedouglasjames.com.