Terms and conditions

Please read this document carefully.

1. Description of Service, Acceptance of Terms, Modification

iAmplify, LLC, a New York limited liability company with offices at 45 West 25th Street, 11th Floor, New York, NY 10010 and 1100 Glendon Ave, 17th Floor, Los Angeles, CA 90024 (collectively with our licensees and assignees referred to in this Agreement as "iAmplify") provides users with a platform for the sale, use and distribution of digital content through its network of properties and its affiliates, resellers, and distributors (the "Service") and the associated website, store.iamplify.com (the "Site"). The Service allows clients to download pre-recorded workout programs from personal trainers and fitness experts in MP3 format.

Always consult your physician before beginning or changing any exercise regimen.

If you choose to use the Service, you will be agreeing to abide by all of the terms and conditions of this Terms of Service Agreement (the "Agreement") between you and iAmplify. iAmplify may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site, or send them to you via e-mail or postal mail.

YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

iAmplify may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. iAmplify may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

In addition, when using particular iAmplify services, you and iAmplify shall be subject to any additional terms, guidelines or rules applicable to such services, which may be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement. Also, iAmplify may offer other services from time to time that are governed by different terms of service.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new iAmplify properties, shall be subject to this Agreement.

2. Privacy

Your privacy is very important to iAmplify. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.

3. Intellectual Property

iAmplify is the owner of all intellectual property rights, including all copyrights, patents, trademarks associated with the Site and the Service, including all associated software, logos, text, and graphics, excluding content provided by users or third parties. You agree not to display or use any iAmplify intellectual property without iAmplify's prior written permission.

4. License and Site Access

iAmplify grants you a limited license to access and make personal use of the Site and the Service. You agree not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of iAmplify. This license does not include any resale or commercial use of the Site, the Service, or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, Service, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of iAmplify. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of iAmplify and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing iAmplify's name or trademarks without the express written consent of iAmplify. Any unauthorized use terminates the permission or license granted by iAmplify. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of iAmplify so long as the link does not portray iAmplify, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any iAmplify logo or other proprietary graphic or trademark as part of the link without express written permission.

5. Account, Password, Security

a) You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify iAmplify of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. iAmplify cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

b) You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Membership Data") and maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you do not, or iAmplify has reasonable grounds to suspect that you have not, iAmplify has the right to suspend or terminate your account and refuse any and all current or future us of the Site. Membership Data and certain other information about you are subject to our Privacy Policy.

6. Conduct

You agree to abide by the terms of this Agreement, and to not use the Service:

a) to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

b) to collect or store personal data about other users; or

c) for any illegal, immoral, or objectionable purposes.

Without limiting other remedies, your membership may be terminated and you may be denied access to the Service at any time by iAmplify if you breach this Agreement in any way. Repeat offenders will have their accounts terminated immediately.

7. Purchasing Content

You agree to pay all fees as outlined on the Site during the enrollment process on the Account Summary page. You acknowledge that from time to time, iAmplify may have different offers and prices for its various services. The amount to be billed to you will be clearly outlined in the terms and conditions on the Account Summary page. By clicking submit after reviewing this information, you signify your agreement to pay such fees. It is recommended that you print this page for your records.

8. Use & Storage

You acknowledge that iAmplify may establish general practices and limits concerning use of the Service. You agree that iAmplify has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You acknowledge that iAmplify reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that iAmplify reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

9. Termination

a) You may terminate this Agreement only in accordance with the process as outlined on the Site during the enrollment process on the Account Summary page. It is recommended that you print this page for your records. iAmplify has the right to terminate this Agreement at any time for any reason upon notice via email to you.

b) Sections 3, 11, 12, 13, 14, 15, and 18 of this Agreement shall remain in full force and effect following the termination of this Agreement. The termination of this Agreement shall not relieve you or iAmplify of your respective obligations to make any payments with respect to the sale or other use of content in the periods prior to such termination in accordance with this Agreement.

10. Third-Party Content, Links

iAmplify is not responsible for any third-party content, applications, services, advertisements, and/or links that may be contained in the Site or the Service. Any correspondence, business dealings with, or participation in promotions of third parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. iAmplify has no control over third-party websites or resources, and as such, you acknowledge and agree that iAmplify is not responsible for their availability, reliability, or functionality, and does not endorse and is not responsible or liable for any third-party content, applications, services, advertising, products, or other materials on or available from such websites or resources. iAmplify shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content on the Site or as a result of the failure of such third-party services, applications, or content to function as intended.

11. Representations & Warranties

a) You represent and warrant that you are at least 18 years of age and have full authority to enter into this Agreement and to fully perform your obligations hereunder.

b) You represent and warrant that you shall not act in any manner which conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.

c) You represent and warrant that you shall perform in compliance with any applicable laws, rules and regulations of any governmental authority.

12. Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. iAmplify EXPRESSLY DISCLAIMS ALL LIABILITY AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. iAmplify MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM iAmplify OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

13. Indemnification, Limited Liability

a) You hereby indemnify and hold harmless, and upon iAmplify's request, defend, iAmplify its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation of yours under this Agreement. You will reimburse iAmplify and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 13, provided that iAmplify obtains your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. iAmplify shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon iAmplify's request. iAmplify shall have the right, at its expense, to participate in the defense thereof under your direction.

b) EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION IN SECTION 13(a), IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY.

14. Risk

You understand, acknowledge, and agree that you are using the Service at your own risk, and neither iAmplify nor any trainer associated or affiliated with the Service have any liability of any kind for any injury you may sustain as the result of your use of the Service. You should always consult your physician before beginning or changing any exercise regimen.

15. Applicable Law

This Agreement and the relationship between you and iAmplify shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and iAmplify agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.

16. Notice

Notices to you may be sent either by email or certified mail to the address you provide to iAmplify during the registration process (as updated when necessary in your user account). iAmplify may also provide notices of changes to this Agreement or the Privacy Policy by displaying notices or links to notices to you generally on the Service. Except as explicitly stated otherwise, any notices to iAmplify shall be sent by certified mail, return receipt requested, to iAmplify, LLC, 195 Hudson Street, 3D, New York, NY 10013, Attn: Legal Department. Notice shall be deemed given 24 hours after email is sent, or in the case of postal mail, three (3) days after the date of mailing.

17. Copyright Infringement

iAmplify respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide iAmplify's copyright agent with the following information ("Notice"): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to iAmplify at:

Murray Hidary
Copyright Agent
iAmplify Legal Department
195 Hudson Street, 3D
New York, NY 10013
email: copyright@iamplify.com

Please note that this procedure is exclusively for notifying iAmplify and its affiliates that your copyrighted material has been infringed.

18. General

a) This Agreement, along with the Privacy Policy and any additional terms, rules or regulations posted on the Service constitute the entire agreement between you and iAmplify and govern your use of the Service, superceding any prior agreements between you and iAmplify. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

b) The failure of iAmplify to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

c) If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

d) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

e) The section titles in this Agreement are for convenience only and have no legal or contractual effect.