USE OF THIS SITE CONSTITUTES AGREEMENT TO ITS TERMS AND SUCH AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO THE APPLICABLE STATE’S UNIFORM ARBITRATION ACT: NCGS §1-569 ET SEQ  OR SC CODE ANN. §15-48-10 ET SEQ. AND THE FEDERAL ARBITRATION ACT 9 U.S.C. 1 ET SEQ.

 

Association Management Group, Inc.

Association Management Group of Charlotte, Inc.

Association Management Group SC, Inc.

Terms and Conditions

 

Introduction

These Terms and Conditions (“Terms”) shall govern, control, and manage (1) your (the “User”) use of our website, www.amgworld.com and (2) the provision to you of any products (including any forms and products accessible from www.amgworld.com and otherwise) or services (collectively, “Services”) by Association Management Group, Inc., Association Management Group of Charlotte, Inc., Association Management Group SC, Inc. and their employees, officers, shareholders, and affiliates (collectively “AMG”).

By using this website or accepting any Services, the User agrees to accept all terms and conditions contained herein and agrees to be bound under these Terms.  These Terms will apply to use of this website, the provision of Services by AMG, and any interaction with AMG.  In the event the User does not agree with any of these Terms, the User is directed not to use this website. Minors or people under the age of 18 years old are not authorized to use this website.

The User and AMG are the only parties bound by or who shall have rights under these Terms.  There are no third-party beneficiaries to these Terms and the User confirms agreement to these Terms solely on User’s own behalf and not as an agent of any other party.  Any User accessing this site or AMG’s Services expressly represents the use and benefit is that of the User.

In the event the terms of any other agreement(s) between User and AMG including, without limitation, a Community Services Agreement (“Other Agreement”) conflict with or more specifically address the topic of any term contained herein, the Other Agreement shall control and apply.  For clarity, a Community Services Agreement shall govern only the rights and obligations of the direct parties to that agreement. AMG has no duty to any third-parties. 

 

Intellectual Property Rights

Other than content the User owns separate and apart from this website, including Your Content (as defined below), AMG and/or its licensors own all the intellectual property rights and materials contained in this website (“Website Material”). The User is granted a limited license only for purposes of viewing the Website Material.

 

Restrictions

Users are specifically restricted from all of the following: (1) publishing any Website Material in any other media; (2) selling, sublicensing and/or otherwise commercializing any Website Material; (3) publicly performing and/or showing any Website Material; (4) using this website in any way that is or may be damaging to this website; (5) using this website in any way that impacts user access to this website; (6) using this website contrary to applicable laws and regulations, or which in any way may cause harm to the website, or to any person or business entity; (7) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website; (8) any action, including but not limited to, making screenshots of the AMG web site which denigrate, harm or defame or are used to denigrate, harm or defame AMG; and (9) using this website to engage in any advertising or marketing. Certain areas of this website are restricted from being accessed by User and AMG may further restrict access to any areas of this website, at any time, in its absolute discretion. Any user ID and password you may have for this website are confidential and you must maintain their confidentiality as well.

 

Your Content

In these Terms, “Your Content” shall mean any audio, video text, images or other material a User may choose to display on this website. By displaying Your Content, the User grants AMG a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing any third-party's rights. AMG reserves the right to remove any of Your Content from this website at any time without notice or liability.

 

No Warranties

This website AND THE SERVICES ARE provided “as is,” with all faults, and AMG makes no express or implied representations or warranties of any kind related to this website, the Website Materials, OR THE SERVICES PROVIDED BY AMG including no implied warranties as to merchantability, fitness for a particular purpose or otherwise.  By using this website and/or accepting Services, User hereby waives all warranties, obligations, or liabilities, express or implied, arising by law, in contract or in tort, or otherwise, except as expressly set forth in these Terms.

Nothing contained on this website shall be interpreted as providing advice to you whether legal or otherwise.

 

Limitation of Claims and Liability

User expressly agrees that no claim may be brought against amg arising from the use of this website AND/OR THE SERVICES unless such claim is presented within 180 days from the act or omission giving rise to such claim or demand.*  AMG’s maximum liability to User AND USER’s exclusive remedy from amg for any loss, claim, cause of action, damages, injury, expenses, liability, or obligation arising out of User’s use of the website or AMG’s provision of Services shall be (1) the refund by amg to user of the sales price paid for the Services or (2) in the event services are not purchased by user, the sum of $1,000.00. User acknowledges and agrees that the return of the full sales price for the Services which were the direct cause of the alleged loss, damage, or injury or a maximum of $1,000.00, as the case may be, will prevent the foregoing remedies from failing of their essential purpose and that such remedy is fair and adequate. 

AMG expressly disclaims and User expressly waives as to AMG any liability for any loss, claim, cause of action, damages, injury, expenses, liability, or obligation arising out of the use by User of any third party website, services, or products whether linked from AMG’s website or required or suggested by AMG’s website or otherwise including any third party payment facilitators.

IN NO EVENT WILL AMG BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST OR PROSPECTIVE PROFITS, LOST EARNINGS OR BUSINESS INTERRUPTION, OR ATTORNEYS’ FEES, WHETHER OR NOT BASED UPON AMG'S NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION.

* NOTE THAT FOR USERS WHO RESIDE OR OPERATE IN SOUTH CAROLINA AND ACCESS THE WEBSITE AND/OR SERVICES FOR SOUTH CAROLINA USE, THE LIMITATION OF CLAIMS SHALL BE GOVERNED BY THAT STATE’S APPLICABLE STATUTORY LIMITATIONS PERIOD.

 

Indemnification

User hereby agrees to indemnify and hold harmless to the fullest extent AMG from and against any and all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to User’s: (a) breach of any of the provisions of these Terms; and use of www.amgworld.com or Services.

 

Choice of Law; Dispute Resolution*

By using this website and/or accepting any Services offered by AMG, User agrees that these Terms shall be construed in accordance with, governed by, and enforced under the laws of the State of North Carolina, without giving effect to any choice-of-law or conflict-of-law rules or provisions that would cause the application of law of any other jurisdiction, and you submit to the jurisdiction of the state and federal courts located in the State of North Carolina, United States for the resolution of any disputes. Notwithstanding the foregoing, any claim, suit, question, dispute, or disagreement arising from or relating to these Terms, the use of this website, or provision of Services by AMG or breach thereof or the parties’ relationship (all referred to as “Dispute”) shall be decided as follows:

(a)        The parties shall use their best efforts to settle the dispute by consulting and negotiating with each other in good faith and recognizing their mutual interests in an attempt to reach a just and equitable solution satisfactory to both parties.

(b)        If the parties do not reach such a solution within 30 days of the start of their good faith negotiations, then, upon written notice by either party, the Dispute and any issue related to the arbitrability of the matter shall be finally settled by binding arbitration administered in Greensboro, North Carolina and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association by an arbitrator(s) appointed by the American Arbitration Association. Consistent with the expedited nature of arbitration, each party will, upon the written request of the other party, promptly provide the other with copies of documents relevant to the dispute. All discovery shall be completed within 45 days following the appointment of the arbitrator(s). The arbitrator(s) will have authority to award compensatory damages only in accordance with these Terms, and shall not have the authority to award injunctive relief, punitive, incidental, indirect, consequential, special, or exemplary damages, or other amounts not expressly allowed in these Terms. All determinations made in any such arbitration proceeding shall be final and conclusive upon all parties, and a judgment incorporating such determinations may be entered in any court of competent jurisdiction; provided, however, that in the event an arbitration decision is entered requiring the payment of monies, such payment may be provided within 60 days of the decision and no judgment shall be filed. Arbitrator(s) may determine how the costs and expenses of the arbitration shall be allocated between the parties, but shall not award attorneys’ fees to either party.

*NOTE THAT FOR USERS WHO RESIDE OR OPERATE IN SOUTH CAROLINA AND ACCESS THE WEBSITE FOR SOUTH CAROLINA USE, THE JURISDICTION, LOCATION OF ARBITRATION AND STATE LAW APPLICABLE TO THE USE, SERVICE OR PRODUCT PROVIDED SHALL BE SOUTH CAROLINA.

 

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

 

Variation of Terms

The User acknowledges and agrees that AMG may revise these Terms at any time as it sees fit, and by using this website, the User assumes the responsibility to review these Terms on a regular basis and before taking any action in reliance thereon.

 

Assignment

AMG may assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, User shall not assign, transfer, or subcontract its rights and/or obligations under these Terms.

 

Entire Agreement

These Terms, subject to any Other Agreements User may have with AMG, constitute the entire agreement between AMG and the User in relation to use of this website and the provision of Services and supersede all prior agreements and understandings.