Terms and Conditions

INTRODUCTION

Amy Says So, LLC, together with its businesses and business names and brands, are for purposes of this User Agreement and Terms and Conditions (“User Agreement”) referred to as “Amy Says So” or “Amy Says So businesses.” Amy Says So businesses make various information, content, materials, products, services, subscriptions, communications and presentations available to you on, through or using their websites, applications (including mobile and product apps, if offered or available), and related communities, forums, sites or spaces (collectively “Sites”), subject to the following terms and conditions. Amy Says So businesses include, but are not necessarily limited to, www.amysaysso.com, www.imperfectadulting.com, and www.steparentssuccessschool.com (which may be presented individually, or under or behind, or as separate portals from, one another).  These terms and conditions are in addition to and supplement the terms and conditions of any and all applicable account, subscription and other agreements, disclaimers and legal notices that appear or may appear from time to time on applicable Amy Says So business Sites and/or which are agreed to by you in an account opening, membership, purchase or subscription process.  By accessing Amy Says So business Sites, you agree to the terms and conditions outlined below.  Amy Says So reserves the right to change these terms and conditions from time to time at its sole discretion.  Any changes are effective immediately when we post them, and apply to all access and use of Amy Says So Sites, including applications, thereafter.  The prices, fees, costs and other terms of products and services offered by Amy Says So businesses are subject to change at any time and from time to time. 

Amy Says So Sites and their content are presented and to be used solely for informational and entertainment purposes, and may include access to certain online presentations, communities, products or services with which you will or may directly interface or otherwise view, hear or experience. NEITHER ANY AMY SAYS SO BUSINESS, NOR ANY PRINCIPAL, EMPLOYEE OR AGENT OF ANY AMY SAYS SO BUSINESS, IS A LICENSED OR PROFESSIONAL COUNSELOR (OF ANY KIND, INCLUDING PSYCHOLOGIST, PSYCHIATRIST, SOCIAL WORKER, ETC.), ATTORNEY-AT-LAW, LAW FIRM, ACCOUNTANT, ACCOUNTING FIRM, FINANCIAL PLANNER OR ADVISER OR OTHER FINANCIAL SERVICES PROFESSIONAL OR FIRM, OR ANY OTHER TYPE OF LICENSED PROFESSIONAL OR FIRM.  No offer or solicitation to buy, sell or use any type of professional advice, recommendation or strategy is made, given or in any manner endorsed by any Amy Says So business or affiliate.  

So-called “testimonials” or “case studies” or “storytelling,” or analyses, opinions or interpretations, on Amy Says So business Sites, or which are otherwise presented or displayed or discussed by or through an Amy Says So business or Site, may not be representative of your experience or situation, or those of other users or community members, or of other people you know. Even if you believe you or someone you know does have a similar situation, such “testimonials” or “case studies” or “storytelling,” or analyses, opinions or interpretations, and may not be indicative of, or relevant or helpful to, your or another person’s situation.

PAID-FOR SUBSCRIPTIONS, PRODUCTS AND SERVICES 

Fees, charges and payment terms (collectively, “Fees”), if any, for products or services, whether one-time purchases or subscriptions for a fixed or renewable term, that are offered or located on any of the Sites or otherwise offered or provided by any Amy Says So business (as the case may be, a “Purchased Item”) will be as those Fees are disclosed to you in or near the sign-up process for your Purchased Item.  The periodic Fees charged for Purchased Items which are subscriptions (and have not been 100% prepaid) may change at any time and from time to time, and will be published on the applicable Site, or by email or other electronic means, or any other suitable method. Your continued use of such Purchased Item after any such change in Fees constitutes your unconditional and irrevocable acceptance of such changes. All purchases by you are final, non-cancellable and non-refundable, except and only to the extent that the terms published on the applicable Site for the Purchased Item state otherwise. Monthly, quarterly or annual subscriptions for a Purchased Item may be cancelled prior to the next auto-renewal period only if cancelled properly online using the cancellation method provided, and by the latest date permitted for cancellation or non-renewal. If you are paying for your Purchased Item by credit card, debit card, Apple Pay, PayPal or any similar method, you hereby authorize Amy Say So, and any third-party vendor payment platform or service Amy Say So uses to accept and process payments (e.g., Stripe, Square, Shopify), to use the billing information furnished by you, including the personal data in such billing information, which you represent will be true and accurate in all respects. Payments not received by their due dates or that are recalled or returned, regardless of the cause, may be assessed a late charge fee equal to Amy Says So’s then current late charge fee amount, which shall not exceed the highest rate permitted by applicable law, and in such event access to the Purchased Item may be immediately blocked, discontinued or terminated. 

THIRD PARTY MATERIALS AND WEBSITE LINKS

Amy Says So business Sites may contain references and links to, or information about, other companies and/or their websites, apps or forums, none of which is under the control of Amy Says So.  Amy Says So businesses make no representations, warranties or endorsements whatever about any such other companies or their websites, apps or forums or any products or services of those other companies, even if the products or services of those other companies or their websites, apps or forums are described or offered on any Amy Says So business Site or integrated with an Amy Says So business’s products or services.

NON-PERSONAL INFORMATION

All information and material received by or through Amy Says So business Sites, other than personal information required for a Purchased Item for billing, or to modify your billing arrangement, or otherwise related to your transactions, or to register for a community or similar Site offering, shall be deemed, and you agree they shall for all purposes be deemed, NON-personal.  Any NON-personal information or material sent to an Amy Says So business will be deemed to be, and you agree they will be deemed to be, NOT confidential or proprietary, and you grant to Amy Says So and its affiliates an unrestricted, non-exclusive, irrevocable, perpetual, royalty-free license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute, and otherwise commercially exploit, such information and materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.  In addition, you agree that Amy Says So and its affiliates are free to use, for any purpose, any ideas, concepts, know-how or techniques that you send it, without obligation to you of any kind and you warrant that all so-called “moral rights” are waived by you.

USE OF INFORMATION

Except as expressly, in writing, otherwise indicated and permitted on an Amy Says So business Site, you may not copy, print or distribute documents, images or other media (collectively, “media”) available on such Site.  To the extent, if any, that copying, printing or distribution is expressly permitted, it is subject to the following conditions:

  1. The media may be used solely in the manner and for the purposes expressed and described on the Site, or as otherwise agreed to in writing, in advance, with Amy Says So;
  2. The media may not be modified or altered in any way, except as authorized in writing, in advance, by Amy Says So;
  3. Any copy of the media or any portion thereof must include the applicable Amy Says So copyright notice (“© Amy Says So, LLC – being displayed courtesy of Amy Says So, LLC”); and
  4. Amy Says So reserves the right to revoke any such authorization at any time, and any such use must be discontinued immediately upon written notice from Amy Says So.

In no event shall you be permitted to copy, print or distribute the design or layout of any Amy Says So business Site.  Elements of Amy Says So business Sites and their content presentation are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

LIVE CHAT DISCLAIMERS

“Live Chat” may be available on Amy Says So business Sites.  Due to space and time limitations and other considerations, Amy Says So businesses do not guarantee that they can provide an answer to every question submitted.  Individuals submitting questions do so with the understanding that they may not receive a direct answer to their question. Questions may be consolidated, revised, held for future postings, or judged inappropriate for this setting solely at the discretion of Amy Says So.  When chatting, you should avoid using profanity, vulgarities or spiteful comments.  No orders for Purchased Items will be accepted and/or processed through Live Chat. You should not share your username and password with anyone as we assume, and you acknowledge that we will and should assume, that any Live Chat between Amy Says So and your username is directly with you and not with a third person.

SOCIAL MEDIA AND PRESENTATION GUIDELINES

These guidelines (“Guidelines”) cover and relate to community and discussion forums, chat rooms, message boards, and educational and similar services, as well as various kinds or presentations (including, but not limited to, articles and other information made available on any Amy Says So Site), and for all Amy Says So company-sponsored social media platforms or presence, including Facebook, Instagram, X (formerly known as Twitter), YouTube, LinkedIn, etc. (collectively, “Interactive Forums and Sites”).

Purpose of Amy Says So Interactive Forums and Sites

Amy Says So offers, or may offer, Interactive Forums and Sites to inform you about, or conduct or offer, Amy Says So businesses, products, presentations and services, and help answer questions about, or help you become a better user of, Amy Says So products, services and content offerings and presentations. This may include the exchange of questions, answers, comments, opinions, ideas and other information.  We may update the content on Interactive Forums and Sites from time to time, but the content is not necessarily considered complete or up-to-date.  Any of the material and content on Interactive Forums and Sites may be out of date at any given time, and we are under no obligation to update such material or content. From time to time, an Amy Says So company representative may respond to a question, or attempt to clarify an issue being discussed, or conduct an interactive activity.  We do not intend to respond to every question or issue presented.  We intend to participate mostly to address the most common questions or issues raised about how Amy Says So products and services work and can be used, or to further or to enhance discussions. An Amy Says So representative or administrator will be clearly designated.  You acknowledge that any information provided on or through the Interactive Forums and Sites by another user of, or participant in, the Interactive Forums and Sites are not the views of, or attributable to, any Amy Says So business or any affiliate of Amy Says So.  You further acknowledge that, unless expressly stated, any and all members or users providing information on the Interactive Forums and Sites are not employees, associated persons, or agents of, or otherwise affiliated with, any Amy Says So business or affiliate.  

Acknowledgment of Terms and Conditions

These Guidelines set forth the basic terms of Interactive Forums and Sites usage. In addition to being a set of terms and conditions of use, these Guidelines will also make your experience, and the experience of other participants, a more enjoyable and, hopefully, educational and enjoyable one. Your participation in any of the Interactive Forums and Sites will serve as an acknowledgment that you have read and understand these Guidelines, and all other applicable terms and conditions of this User Agreement.  Any Amy Says So business, or all of them acting at the same time, may revoke or suspend your privilege to use any of the Interactive Forums and Sites and take any other appropriate measures, including the removal of postings, if, in Amy Says So’s sole judgment, any inappropriate, undesirable or illegal use or conduct is brought to its attention.

As interactive computer services, we are provided immunity by Congress in Section 230 of the Communications Decency Act of 1996 from being held responsible for material published by anonymous users. You will be held solely responsible for the content of any message that you post. If you post libelous, defamatory, slanderous or otherwise untruthful remarks about a person or business, you could be putting yourself in legal jeopardy.

By posting information in or otherwise using any service that may be available to you on or through any of the Interactive Forums and Sites, you agree to the following terms:

Protect Your Privacy

Do not share your login credentials or registration or subscription information with anyone. You are responsible for protecting the confidentiality of your login credentials and registration and subscription information and are responsible for everything posted and all other actions taken under it. However, you should behave as if you were in a public place. Divulge only what you would be comfortable having others know about you. Do not assume that you are anonymous and cannot be identified by your messages.

General Posting Guidelines

In order to make the Interactive Forums and Sites effective, to protect the rights of others and to comply with applicable law and regulations, the following guidelines should be observed for all information posted by you on the Interactive Forums and Sites:

Post Constructively

  • Think before you post. You are entirely responsible for the content of the messages you post, as well as the consequences of any such messages. You cannot change or delete a message once it is posted. Postings are not previewed before they are posted and they are not edited for content, style or errors. 
  • Stay on topic. Each of the Interactive Forums and Sites likely has a general topic or theme (or may have one at a particular time). Amy Says So may redirect or remove comments, in whole or in part, that are not related to the topic in the area in which they are posted. 
  • Redundancy in posting the subject and topic in multiple forums is not permitted. 
  • Be understandable. Avoid little-known references and avoid excessive abbreviations. 
  • Remember the purpose. Amy Says So Interactive Forums and Sites are not places to tout or hype your business or discuss clearly unrelated subject matter. 

Use Responsibly

  • Don’t believe everything you read. In fact, don’t believe anything you read unless you can find support or verification of the accuracy of what you have read using independent sources or knowledge.  You should not assume that other people participating on the Interactive Forums and Sites are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Amy Says So businesses are not responsible for verifying the accuracy of any information on the Interactive Forums and Sites and are not responsible for any decisions you make or conclusions you reach based on such information.
  • Be honest. Do not impersonate anyone or falsely state or otherwise misrepresent yourself or your affiliation with a person or entity. Do not post false or misleading statements.

Please Always Adhere to the Following Rules

You agree that you will not upload, post or otherwise distribute or facilitate distribution of any content—including text, communications, software, images, sounds, data or other information—that:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language or language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of a user name, is discourteous, spiteful or otherwise not constructive (in tone or content), impolite, crude or otherwise violates these Guidelines;
  • victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, gender identity, race, ethnicity, age, disability or any other classification;
  • infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “Spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  • impersonates any person or entity, including any principal, employee or representative of any Amy Says So business or affiliate;
  • contains email addresses, addresses, telephone numbers or other contact or personal identity information;
  • repeats the subject and topic in multiple locations;
  • contains advertisements or solicitations for products or services or links to third-party sites; or
  • is bot-like commenting behavior, such as spreading misinformation, unusually high activity, profile anonymity, post amplification (procession of shared posts and word-for-word quotes of news headlines, with few or no original posts), consistent posting of common content, etc.

In addition, to help maintain privacy, you are generally allowed to use a screen name different than your real name, provided the screen name you choose will not be deemed offensive by others.  We reserve the right to disable your access should you use an inappropriate screen name.  

You also agree that you will not harvest or collect information about the users or members of the Interactive Forums and Sites or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.

You further agree that you will not knowingly solicit or collect personal information from anyone, especially a minor (anyone under 18 years old). Personal information of a minor includes but is not limited to name, address, phone number and name of school.

While Amy Says So business do not pre-screen the content posted by users of the Interactive Forums and Sites, Amy Says So has the right, in its sole discretion, to remove any content that, in its sole judgment, does not comply with these Guidelines or is otherwise harmful, objectionable or inaccurate. No Amy Says So business is responsible for any failure or delay in removing such content. We also may permanently delete at any time any content, or entire categories of content, by for example subject matter, category, or age of content, in our sole discretion, without being required to state a reason. 

Because our Interactive Forums and Sites are interactive communities, you may receive automatically generated emails notifying you whenever there are replies to your posts. By participating, you may also receive an occasional email notifying you of new Site features, presentations or events. If at any time you do not want to receive any more of these notifications, you are always given the option to unsubscribe in each email. Also, see our Privacy Notice on the Amy Says So business Sites for information on how we collect and use your personal information.

Some of the Interactive Forums and Sites, or the Sites generally, may provide live or delayed presentations, discussions, shows or events (collectively, “Amy Says So Presentations”) and, in addition to what has been set forth above with respect to Interactive Forums and Sites (if such presentations are interactive to any degree), the following applies to Amy Says So Presentations (whether or not they are interactive):

  • Each speaker who is not an Amy Says So agent or employee acts independently, and no speaking topic, session, or content (including opinions or comments) is affiliated with, or approved, sponsored or endorsed by, any Amy Says So business or affiliate.
  • Each speaker who is an employee or agent of an Amy Says So business is speaking solely for herself, himself or themselves, and her, his or their views, opinions or statements do not necessarily reflect the views, opinions or statements of Amy Says So. 
  • Topics and sessions are solely for learning or self-teaching, discussion or entertainment or enjoyment purposes, and no opinion or statement made is intended to be, or should be relied on as, any professional advice of any kind, including but not limited to legal, financial or counseling advice or service (particularly as individual advice to you, even if, for example, a guest speaker happens to be licensed in one of those fields). 
  • Speaker roster and session content are subject to change without notice. 
  • Any examples or demonstrations used in sessions or speaking topics are for illustrative purposes only — they should never be construed as advice, recommendations or endorsements of any kind. 

While we appreciate your interest in Amy Says So businesses, we do not want and cannot accept any ideas, content or materials you consider to be proprietary. Consequently, any idea, content or material you submit to, in or through any of the Interactive Forums and Sites, OR ARE OTHERWISE IN ANY MANNER, MEDIUM OR CONTEXT SUBMITTED OR SENT TO ANY AMY SAYS SO BUSINESSES, will be deemed a grant of an unrestricted, non-exclusive, irrevocable, perpetual, royalty-free license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute, and otherwise commercially exploit, these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you agree that Amy Says So businesses and their affiliates are free to use, for any purpose, any ideas, concepts, know-how or techniques that you send them, without obligation to you of any kind and you warrant that all so-called “moral rights” are waived by you.

Amy Says So-provided content is not intended for distribution to, or use by, any person or entity in any country or jurisdiction where such distribution or use would be contrary to law or regulation.

Amy Says So businesses are not affiliated with any social media site and have no responsibility for any social media site’s operations, services or affiliate service sites.  Those who have a business relationship with an Amy Says So business or other beneficial interest in commenting or presenting should be aware that they may have obligations to disclose that relationship or interest in their posts or presentations.

EXPORT CONTROL LAWS; ECONOMIC SANCTIONS

Software available on Amy Says So business Sites may be subject to United States export control laws, rules and regulations, including the Export Administration Regulations.  You shall not, and shall not permit any third parties to, directly or indirectly, export, re-export or release such software to any country, territory or other jurisdiction to which, or to any party to whom, the export, re-export or release of any such software is prohibited by applicable U.S. or non-U.S. law, rule or regulation.  You shall be responsible for any breach of this paragraph by you and your affiliates, agents and representatives.

By downloading or using software from any Amy Says So business Site, you represent and warrant that (i) you have not been (and, if you are an entity, you are not directly or indirectly owned or controlled by any person or entity that has been) designated by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) as a Specially Designated National or blocked person, (ii) you have no reason to believe that you (and, if you are an entity, any of your direct or indirect owners or controlling persons or entities) would be considered a blocked person by OFAC and (iii) you are not located in or a resident of (and, if you are an entity, you are not located or organized in or a resident of, and you are not directly or indirectly owned or controlled by any person or entity that is located or organized in or a resident of) a restricted country, territory or jurisdiction.  You also represent and warrant that you are not employed by or acting as an agent of (and, if you are an entity, you are not directly or indirectly owned or controlled by any person or entity that is) a government, a government-controlled entity or a government corporation.  If any of the foregoing representations and warranties is not accurate, you may be restricted from certain activity on Amy Says So business Sites, including access to or use of any software available on any Amy Says So Site.

DISCLAIMER OF WARRANTIES: NO WARRANTIES OF ANY KIND ARE BEING MADE OR GIVEN

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or from, or that constitute, any Amy Says So 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 Amy Says So business Sites for reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, AMY SAYS SO BUSINESSES WILL NOT BE 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, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF ANY AMY SAYS SO BUSINESS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY AMY SAYS SO BUSINESS SITE OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL.

YOUR USE OF AMY SAYS SO BUSINESS SITES, THEIR CONTENT, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED FROM AMY SAYS SO BUSINESSES, IS AT YOUR OWN RISK.  AMY SAYS SO BUSINESS SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS, INCLUDING PURCHASED ITEMS, OBTAINED THROUGH AMY SAYS SO BUSINESSES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER ANY AMY SAYS SO BUSINESS NOR ANY PERSON ASSOCIATED WITH ANY AMY SAYS SO BUSINESS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE AMY SAYS SO BUSINESS SITES, OR ANY PURCHASED ITEMS.  WITHOUT LIMITING THE FOREGOING, NEITHER ANY AMY SAYS SO BUSINESS NOR ANYONE ASSOCIATED WITH ANY AMY SAYS SO BUSINESS REPRESENTS OR WARRANTS THAT THE AMY SAYS SO BUSINESS SITES, THEIR CONTENT, OR ANY SERVICES OR PURCHASED ITEMS OBTAINED THROUGH THEM, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT AMY SAYS SO BUSINESS SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT AMY SAYS SO BUSINESS SITES OR ANY PRODUCTS, SERVICES OR ITEMS, INCLUDING PURCHASED ITEMS, OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, AMY SAYS SO BUSINESSES HEREBY DISCLAIM 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 OR USE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT EXPRESSLY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ANY AMY SAYS SO BUSINESS, ANY OF THEIR AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE TO YOU (OR ANY PERSON, ENTITY OR TRUST ACTING OR SEEKING TO ACT BY OR THROUGH YOU) FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE: (1) ANY AMY SAYS SO BUSINESS SITE, PRODUCT, SERVICE OR SUBSCRIPTION, INCLUDING ANY PURCHASED ITEM, OR (2) ANY WEBSITES OR MOBILE APPS OR OTHER APPS LINKED TO THEM, OR (3) ANY CONTENT ON AMY SAYS SO BUSINESS SITES OR ANY SUCH LINKED WEBSITES OR MOBILE APPS OR APPS, 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.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless each Amy Says So business, each of their affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) arising out of or relating to (1) your violation of this User Agreement or (2) your use of any Amy Says So business Site, including, but not limited to, Amy Says So Presentations, your posts and other contributions as a user of Interactive Forums and Sites, and/or (3) your use of any Amy Says So business Site’s content, services or products other than as expressly authorized in this User Agreement.

GOVERNING LAW AND JURISDICTION

Amy Says So business Sites are controlled by Amy Says So from its offices within the State of Florida, United States of America.  By accessing any Amy Says So business Site, you agree that all matters relating to your access to, or use of, such Site, or any transaction with any Amy Says So business, shall be governed by the statutes and laws of the State of Florida, without regard to any conflicts of laws principles, and regardless of the nature or format of the proceeding.  You acknowledge, represent and agree that this User Agreement has been, and for all purposes shall be deemed to have been, executed, delivered, and all matters discussed in it substantially performed, in the State of Florida, and you irrevocably consent to exclusive personal jurisdiction in the State of Florida, and venue exclusively in Miami-Dade County, Florida, whatever the nature of the tribunal or proceeding.

DISPUTES; OBLIGATION TO FIRST MEDIATE, THEN ARBITRATE; EXCLUSIVE VENUE IN MIAMI-DADE; WAIVER OF RIGHT TO JURY TRIAL; NO RESTRICTION ON AMY SAYS SO IMMEDIATE RIGHT TO SEEK TRO, INJUNCTION OR OTHER EQUITABLE RELIEF

You and Amy Says So agree that, should any disputes or disagreements arise under this User Agreement or relating to any of the Sites, Interactive Forums and Sites, Amy Says So Presentations, Purchased Items, or any transactions or activities covered or addressed, in whole or in part, by or under this User Agreement, including the construction or application of this User Agreement, you and Amy Says So shall first try to resolve amicably such dispute or disagreement.  If no such resolution is achieved within 30 days following the date that such dispute or disagreement has been asserted by you or Amy Says So, then, before any action or proceeding of any kind may be brought by you or Amy Says So, the dispute shall be submitted to non-binding mediation between you and Amy Says So at a location in Miami-Dade County, Florida.  Any mediation settlement by us shall be documented in writing. If mediation does not result in a mutual settlement within 60 days after submission to mediation, then the dispute shall be settled and otherwise determined by final, conclusive and binding arbitration conducted before the American Arbitration Association (AAA) in accordance with its arbitration rules then in force. There shall be one arbitrator, as mutually agreed-upon, or who shall be appointed by the AAA if we cannot agree on one. Venue for any such arbitration proceeding shall be proper only in Miami-Dade County, Florida.

NOTHWITHSTANDING ANYTHING IN THE PREVIOUS PARAGRAPH TO THE CONTRARY, Amy Says So may immediately seek to enforce any of its intellectual property rights, or to obtain a temporary restraining order, preliminary injunction, permanent injunction and/or other equitable remedies in the event of any reasonable likelihood of imminent harm to Amy Says So or its Sites or businesses, in any court of competent jurisdiction and in any applicable venue.

To the fullest extent not prohibited by applicable law, which cannot be waived, we each hereby knowingly, voluntarily, intentionally and irrevocably waive any and all right to a trial by jury (should, for whatever reason, a dispute between us ends up in a court notwithstanding the exclusive arbitration provision set forth above) in any action or proceeding to enforce or defend any right, power, remedy or defense arising out of or related to this User Agreement, including the Sites, Interactive Forums and Sites, Amy Says So Presentations, Purchased Items, or any transactions or activities covered or addressed, in whole or in part, by or under this User Agreement, whether sounding in tort or contract or otherwise, or with respect to any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party relating to this Agreement; and we each agree that any such action or proceeding shall be tried before a judge and not before a jury.  Each of us further waives any right to seek to consolidate any such litigation in which a jury trial has been waived with any other litigation in which a jury trial cannot or has not been waived. Nothing in this paragraph should be read to limit either you or Amy Says So from insisting that the dispute between us must be adjudicated in a binding arbitration, as described above, or that any of the required steps that need to be taken before arbitration, such as attempted amicable resolution and mediation, have not been satisfied. 

WAIVER AND SEVERABILITY

No waiver by Amy Says So of any term or condition set out in this User Agreement 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 any Amy Says So business to assert a right or provision under this User Agreement shall not constitute a waiver of such right or provision. No waiver shall be deemed given unless it is in writing and signed and delivered by Amy Says So, and shall apply solely to the specific matter described being waived, and only in such instance.

If any provision of this User Agreement 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 necessary such that the remaining provisions of this User Agreement will continue in full force and effect.

COPYRIGHT

Amy Says So business Sites, including its writing content, and visual, film and artistic content, are protected by copyright:

© Amy Says So, LLC.  All rights reserved.

Except as specifically permitted herein, no portion of the information or content on any Amy Says So Site may be reproduced in any form or by any means without prior written permission from Amy Says So.

TRADEMARK INFORMATION

The trademarks, logos and service marks (“Marks”) displayed on Amy Says So business Sites are (i) owned by Amy Says So businesses, or (ii) used by Amy Says So businesses under licenses from their respective owners, or (iii) are the property of other third parties.  You are not permitted to use the Marks without the prior written consent of the applicable Amy Says So business or third party.

Amy Says So™, amysaysso.com™, Imperfect Adulting™, imperfectadulting.com™, Stepparent Success School™ and stepparentsuccessschool.com™ are Marks of Amy Says So, LLC.

Privacy Notice.  Our Privacy Notice is available on the Amy Says So websites. Our Cookies Policy is contained in the Privacy Notice.