Terms of Service
Last Modified: April 22, 2021
THESE TERMS OF SERVICE are entered into by and between Ampersand Professionals, Inc., a Delaware corporation (“Ampersand”) and its users (“Users” or “you”) (you and Ampersand each a “Party” and collectively, the “Parties”). Ampersand provides services to individuals by providing an opportunity to participate in certain educational content and materials, as well as training with third parties (“Clients”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of (i) https://www.ampersandpro.com/ and its various subpages (the “Website”), (ii) the educational and other content made available through the Website or otherwise by Ampersand or its service providers, and (iii) any other services or features available on or through the same (the foregoing items (i)-(iii) collectively defined herein as the “Services”). Except as otherwise provided, the Services are a copyrighted work belonging to Ampersand.
The Services are offered and available to Users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that (i) you are of legal age to form a binding contract with Ampersand and meet all of the foregoing eligibility requirements, (ii) you have full legal authority to be bound by these Terms of Service, (iii) you have read and understand these Terms of Service, and (iv) you agree to these Terms of Service. If you do not meet all of these requirements, you must not access or use any Services.
Changes to these Terms of Service
Ampersand may revise and update these Terms of Service from time to time in Ampersand’s sole discretion and timing upon a notification provided via email or on the Website. All revisions, updates, or changes are effective immediately when Ampersand posts them to the Website and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction below will not apply to any disputes for which the Parties have actual notice on or prior to the date the revision, update, or change is posted. Your continued use of the Services following the posting of revised, updated, or changed Terms of Service means and constitutes your acceptance and agreement to the revision(s), update(s), or change(s). You are expected to check, read, and agree to this page when Ampersand posts a notification on the Website or sends you a notification through email, prior to continuing to access or utilize the Services so you are aware of any revision, update, or change, as they are binding on you.
Ampersand reserves the right to withdraw or amend the Services and any product, service, or material Ampersand provides as part of the Services, in Ampersand’s sole discretion without notice. Ampersand will not be liable to you, any other User, or any Client if, for any reason, any part of or the entire Services are unavailable for your access or use at any time or for any period. From time to time, Ampersand may restrict access by you or others to some parts of the Services or the entire Services.
No Professional Advice
The information contained in or made available through the Services, including, but not limited to, information contained on the Website, message boards, in text files, in videos, on Ampersand social media, or in chats, cannot replace or substitute for the advice or counsel of trained professionals in any field, including, but not limited to, financial or legal matters. Ampersand and its licensors, suppliers, employees, directors, officers, shareholders, members, managers, and contractors make no representations or warranties concerning any action or application of information or preparation by any person following the information offered or provided within or through the Services or services made available through its Clients. NEITHER AMPERSAND NOR ITS PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR ANY OF THEIR AFFILIATES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH TO YOU OR ANYONE ELSE.
You are responsible and accountable for your decisions, actions, and results thereof, and by your use of the Services, you agree not to attempt to hold Ampersand or any of the foregoing parties liable for any such decisions, actions, or results, at any time, under any circumstance.
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services for any of the following:
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 US or other countries.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (see Content Standards below) set out in these Terms of Service.
To transmit, or procure the sending of, any advertising or promotional material (without Ampersand’s prior written consent), including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Ampersand, an employee or representative of Ampersand, another User or Client, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by Ampersand, may harm Ampersand or Clients or Users of the Services or expose them to liability.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without Ampersand’s prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
Intellectual Property Rights
The Services and their entire contents, features, and functionality, including, but not limited to, all information, source code, algorithms, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof, are wholly owned by Ampersand, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other applicable jurisdictions’ intellectual property or proprietary rights laws, as applicable.
These Terms of Service permit you to use the Services in accordance with these Terms of Service only. These Terms of Service do not constitute a sale or convey to you any rights, title, or interest of ownership in or related to the Services or any intellectual property rights owned by Ampersand. Ampersand, Ampersand’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Ampersand or its affiliates or licensors. You must not use such marks without the prior written permission of Ampersand. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material from the Services, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
Modify copies of any materials from the Services.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
If you print, copy, modify, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Service, your right to use the Services will cease immediately and you must, at Ampersand’s option and direction, return or destroy any copies of the materials you have made. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Ampersand respects the intellectual property of others and asks that Users of the Services do the same. In connection with the Services, Ampersand may from time to time adopt and implement a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of the Users is, through the use of the Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to Ampersand. Please let Ampersand know as soon as possible. Please send the following information to Ampersand using the contact information set forth at the end of these Terms of Service:
1. Your physical or electronic signature;
2. Identification of the copyrighted work(s) that you claim to have been infringed;
3. Identification of the material on the Services that you claim is infringing and that you request to remove;
4. Sufficient information to permit Ampersand to locate such material;
5. Your address, telephone number, and e-mail address;
6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the owner, its agent, or under applicable law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material facts (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by Ampersand in connection with the written notification and the allegation of copyright infringement.
The Services may, now or in the future, contain areas where Users may post, without limitation, discussions, opinions, feedback, videos, reviews, comments, photos, and other content, and submit suggestions, ideas, comments, questions, or other information and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to Ampersand, Clients, third parties, or other Users (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contributions you Post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant Ampersand and its affiliates and service providers, licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent, warrant, and covenant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to Ampersand; (b) all of your User Contributions do and will comply with these Terms of Service; (c) your User Contributions, and any third party or User’s access or use of the same, are authorized by all applicable third parties and applicable government agencies who own or possess any right or interest in or underlying the objects or property described therein; and (d) all User Contributions provided by you are accurate and complete in their requirement to satisfy the foregoing described representations and warranties.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Ampersand, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Ampersand is 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.
Monitoring and Enforcement: Ampersand reserves the right, but not the obligation, to (1) remove or refuse to post any User Contributions for any or no reason in its sole discretion, and/or (2) take any action with respect to any User Contribution that Ampersand deems necessary or appropriate in its sole discretion.
Without limiting the foregoing, Ampersand has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Ampersand to disclose the identity or other information of anyone posting any materials on or through the Services. NOTWITHSTANDING ANY OTHER TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, YOU WAIVE, RELEASE, AND SHALL INDEMNIFY AND RELEASE AND HOLD HARMLESS AMPERSAND AND ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding the foregoing, Ampersand does not undertake to review all material or User Contributions before they are Posted on the Services, and cannot ensure prompt removal of objectionable, inaccurate, or incomplete material after it has been Posted. Accordingly, Ampersand assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. Ampersand has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of the Services. You represent, warrant, and covenant that your User Contributions will, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions shall not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on, without limitation, 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.
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.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by Ampersand, its Clients, or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. Ampersand does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. AMPERSAND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, USER OF THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
The Services may include content provided by third parties. All statements and/or opinions expressed in these materials, all correspondence with such third party service providers, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Ampersand. Ampersand is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties or other Users.
Information About You and Your Use of the Services
Linking to the Website
You may link to the Website homepage, provided you do so in a way that is fair and legal and does not damage Ampersand’s 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 Ampersand’s part without Ampersand’s express written consent. Without limiting the foregoing, Ampersand may authorize others to link to the Website or other pages within the Website or Services, which may entitle such parties to payment from Ampersand or others. You agree to cooperate with Ampersand in causing any unauthorized framing or linking immediately to cease. Ampersand reserves the right to withdraw linking permission without notice.
The Website may, from time to time, provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Website.
Send e-mails or other communications with certain content, or links to certain content, on the Website.
Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use the Website features solely as they are provided by Ampersand solely with respect to the content that they display. Subject to the foregoing, you must not:
Establish a link to the Website from any website that is not lawfully owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with Ampersand in causing any unauthorized framing or linking immediately to cease. Ampersand reserves the right to withdraw linking permission without notice and for any or no reason. Ampersand may disable all or any social media features and any links at any time without notice in its discretion for any or no reason.
Links from the Website
If the Services contain links to other sites and resources provided by third parties, Ampersand provides these links for your convenience only, including links contained in advertisements, including banner advertisements and sponsored links. Ampersand has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
All products and Services are for educational and informational purposes only. Nothing on this page, the Website, the Services, or any of Ampersand’s content or curriculum is a promise or guarantee of results or future earnings, and Ampersand does not offer any financial, legal, medical, tax, or other professional advice.
Making decisions based on any information presented in Ampersand’s products, courses, Services, or Website should be done only with the knowledge that you could experience risk or losses just like any career endeavor. Use caution and always consult your own advisors before acting on this or any information related to a lifestyle change or your career or finances. You are responsible and accountable for your decisions, actions, and results thereof, and by your use of the Services you agree not to attempt to hold Ampersand liable for your decisions, actions, or results, at any time, under any circumstance.
Relationship of the Parties and Providers
Users and Clients are not employees or agents of Ampersand or any other User or Client. The relationship between Ampersand and a User is that of service provider/user. No brokerage, agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by these Terms of Service.
Affiliate Marketing Disclosure
Ampersand may in the future accept forms of cash advertising, licensing, sponsorship, paid insertions, or other forms of compensation. Some links found on the Services or linking to the Services may be affiliate links that allow you to purchase products or services from other companies through advertisements on the Services or direct marketing to you (“Affiliate Links”). Ampersand may receive compensation for purchases made through these Affiliate Links.
Geographic Restriction: Ampersand provides the Services for use only by persons located in the United States. Ampersand makes no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
International Users: The Services are controlled, operated, and administered by Ampersand from Ampersand’s offices within the United States of America and are specifically intended only for Users located within the United States. If you access the Services from a location outside of the United States, you are responsible for compliance with all national and local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Disclaimer of Warranties: THE SERVICES ARE MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. AMPERSAND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitation of Liability: AMPERSAND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION OR USER CONTRIBUTIONS PROVIDED TO YOU BY ANY CLIENT OR OTHER USER THROUGH THE SERVICES.
UNDER NO CIRCUMSTANCES WILL AMPERSAND’S LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE EXCEED THE AMOUNT RECEIVED BY AMPERSAND FROM THE PARTICULAR USER FOR THE SERVICES, IF ANY. IN ADDITION, IN NO EVENT WILL AMPERSAND, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, OR REPRESENTATIVES 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 LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, OR ANY SERVICES, ADVICE, OR ITEMS OBTAINED THROUGH THE SERVICES, 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, DEATH, DISABILITY, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, WHETHER RELATED TO YOU OR ANY OTHER PARTY, AND EVEN IF FORESEEABLE. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy.
Indemnification: You agree to defend, indemnify, and hold harmless Ampersand, its affiliates, licensors, and service providers, and its and their respective officers, directors, shareholders, members, managers, employees, contractors, agents, representatives, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, any use of the Services’ content, services, or products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services.
Governing Law: These Terms of Service and the relationship between you and Ampersand will be governed by the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule whether of the State of Texas or any other jurisdiction.
Jurisdiction: Except as otherwise provided in these Terms of Service, you and Ampersand agree that any dispute or controversy arising out of, relating to, or in connection with the interpretation, validity, construction, performance, breach, or termination of these Terms of Services shall be exclusively filed and resolved in the state and federal courts of Travis County, Texas, United States of America, and each Party hereby consents to both the jurisdiction and exclusive venue of the state and federal courts located in Travis County, Texas.
Dispute Resolution: Any dispute relating in any way to your use of the Services or your relationship with Ampersand shall be submitted to confidential arbitration in the State of Texas in accordance with the then prevailing Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the extent you have in any manner violated or threatened to violate Ampersand’s intellectual property rights, Ampersand may seek injunctive or other appropriate relief in any state or federal court and you consent to jurisdiction and venue in such courts.
Waiver of Jury Trial: Each Party hereto acknowledges and agrees that any controversy THAT may arise under these Terms of Service IS likely to involve complicated and difficult issues, and therefore you and Ampersand hereby irrevocably and unconditionally waive any right to have a trial by JURY in respect of any litigation directly or indirectly arising out of or relating to these Terms of Service, or transactions contemplated hereby or therein.
No Assignment: You may not assign your rights nor delegate your duties under these Terms of Service without Ampersand’s prior written consent, and any attempted assignment or delegation in violation of the foregoing will be null and void.
Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver: No failure by Ampersand to enforce any term or condition set forth in these Terms of Service 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 Ampersand to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Severability: If any provision of these Terms of Service 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 of Service will continue in full force and effect.
Notices. Ampersand may give notice to you by email or other reasonable means. You shall give notice to Ampersand by certified mail (postage pre-paid and return receipt requested) to:
Ampersand Professionals, Inc.
4201 Main Street, Suite 200-3
Houston, Texas 77002
QUESTIONS. Please contact Ampersand with any questions regarding these Terms of Service by emailing at [email protected].