Terms of Service

Introduction

• Welcome to the Amplify OT Membership (learn.amplifyot.com) website (the “Website”). By accessing or using the Website, you agree to be bound by the terms and conditions set forth below. The Amplify OT Membership is affiliated with Amplify OT and Clarice Grote.
• Amplify OT and the Amplify OT Membership are owned by Clarice Grote. By using this Website, you agree to all Terms and Conditions. If you do not agree, do not use this Website.
• Please check the Terms and Conditions for changes. Your continued use of the Website after the Terms and Conditions have been changed constitutes your acceptance of such changes.
• This information is not intended for legal, business, or medical advice and is for educational purposes only. Amplify OT shall not be liable, answerable or accountable for any loss or damage resulting from advice given. While we do our best to ensure all information is accurate and up to date we cannot guarantee accuracy. The user is responsible for the protection of any sensitive patient health information. Amplify OT nor Clarice Grote shall not be held liable for a user sharing confidential information.
• By purchasing a membership, content, or otherwise accessing the Website, you signify that you have read, understand, and agree to be bound by these Terms, whether or not you are a registered user.

Membership Eligibility

• Membership is open to individuals who are 18 years of age or older and have the capacity to enter into a legally binding agreement and meet all foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
• Services are primarily intended for individuals residing in the United States.

Membership Terms

• Amplify OT Memberships are month to month or for a period of 12 months depending on which membership is selected by the user. These memberships include CE certificates for eligible courses. These memberships auto-renew at expiration and the member must individually check a box at checkout acknowledging that these are auto-recurring transactions.
• Amplify OT student memberships last 6 months or 12 months depending on the membership selected by the user. These memberships do not automatically renew. This membership may not include CE certificates.
• Amplify OT program or faculty memberships last one year and do not auto-renew. This membership may not include CE certificates. Program and Faculty memberships do not receive CE certificates for mot courses.
• Amplify OT reserves the right to modify the membership terms and benefits, at its sole discretion, at any time.
• MEMBERSHIP ACCOUNTS ARE TO BE UTILIZED BY ONE INDIVIDUAL ONLY. IT IS PROHIBITED FOR USERS TO SHARE ACCOUNTS OR IDS TO AVOID PAYING FOR A SECOND SUBSCRIPTION. Anyone found in violation of this policy may be subjected to fines and immediate removal from the site. The ability to appeal may not be granted.

Automatic Renewal

All individually purchased membership plans including, but not limited to, Amplify OT Membership Monthly and the Amplify OT Membership Annual will automatically renew at the end of the membership term unless:

1. You turn off the auto-renew feature prior to the expiration date of your then existing membership; or
2. A written request is submitted to Amplify OT requesting that Amplify OT specifically cancel the membership on behalf of the individual. This written request must be sent to admin@amplifyot.com and be 15 or more days in advance of the renewal date.
3. Some memberships may not be able to be cancelled by Admins if there is a barrier or error with the payment manager (i.e. Stripe or Paypal)
4. Refunds will not be provided due to forgetting to cancel a membership.

You may cancel your membership, effective the next billing cycle, by changing your auto-renewal preference in your account settings through your profile or by emailing Amplify OT at admin@amplifyot.com. Members are ultimately responsible for maintaining their membership plans.

The automatic renewal policy does not apply to group sales that are purchased with a purchase order or invoice and separate written agreement.

Payment

• Payment for the membership must be made in full.
• Payment is managed through Apple Pay, Google Pay, Stripe and PayPal. Please visit their sites for more information. This is subject to change at any time. These companies are responsible for storing payment information. We do not maintain full credit card information on this Site.
• If a membership is purchased by the user’s university through a purchase order or invoice, then it will terminate at the end of the subscription period without the ability to renew at the individual level.
• If the membership is not renewed, the membership will be terminated including access to protected materials at the end of the subscription period.
• Billing occurs at the time of or shortly after your transaction.
• You are responsible for the timely payment of all fees and for providing a valid credit card for payment of all fees as required by Stripe, PayPal, Apple Pay, or Google Wallet. All fees will be billed to the credit card account you designate during the registration process.
• If you want to designate a different credit card or other payment method, or if there is a change in your credit card account status, you much change your information online in the Account settings and profile section of Amplify OT Membership. If you use PayPal or another third-party service, you may need to update your billing information on that platform.
• Failed payments will be tried again repeatedly until canceled by Amplify OT or you. Amplify OT is not responsible for any fees or damages incurred in any circumstances by failed payments or overdrafts.
• Your total price will include the price of products and services purchased plus any applicable sales tax. Sales tax is based on the billing address and the sales tax rate in effect at the time you sign up. We will charge tax only in states where digital goods are taxable and required through a tax nexus. All currencies denoted are in USD.

Refunds and Pricing

• All individual memberships are eligible for a full refund within 14-days of sign up assuming no certificates or courses have been completed. If any courses or certificates have been watched, completed, or obtained, then a refund will not be issued even if within 14 days of signing up.
• Amplify OT Program memberships are eligible for a 50% refund within 30 days of activation if the materials have not been utilized as part of a course assignment and students have not utilized the materials included as part of this website.
• Amplify OT Program memberships are eligible for an 80% refund if the memberships have not yet been activated.
• Prices are subject to change at any time. Amplify OT does not provide price protection or refunds in the event of a price reduction or promotional offering.
• Refunds will not be issued on renewals in any circumstance unless for annual plans where a refund may be available on a case-by-case situation if requested within 14 days of the renewal. Any exemption will be considered on a case-by-case situation.

Privacy

• Amplify OT takes the privacy of its members seriously and will use the information provided only for the purposes outlined in the Privacy Policy.
• Amplify OT will not sell any personal information to third parties. Information will be shared with third parities as required to execute the functions of the Website and service.
• Amplify OT administrators have the ability to view activities, messages, course participation and completion, and other activities that may be public or private that take place on this website.
• Amplify OT may submit notification of coursework or quiz results to university faculty, supervisor, employer on your behalf.
• The designated faculty member may have access to obtain information on quiz results, time spent on quizzes and courses, and other user information for their identified program only.
• Faculty members or group leaders may not access information from any other program they are not affiliated with. This information may include a list of videos, quizzes, and courses completed by students for a selected date
• Amplify OT has the right to disclose data that has been does not include names to third parties for marketing purposes, which include recruiters and publishers. Location and other identifying information may be utilized.

Activity Reports/ Student Privacy

Amplify OT has the ability to provide approved university faculty with the following information

• A list of videos, courses, and quizzes completed by students for a selected date range; and/or
• Activity report of all complete coursework (which includes time spent on that course) by students for a selected date range
• It is the responsibility of the university/program to update Amplify OT of any changes in enrollment or employment as it impacts access to student information.
• Students are not able to see reports of other students
• If you beleive there has been any error, please contact us at admin@amplifyot.com

Intellectual Property

• The content on the Website, including but not limited to text, graphics, logos, and images, is the property of Amplify OT and is protected by copyright laws.
• You may not use or reproduce any content from the Website without the express written permission of Amplify OT even for educational purposes.
• Amplify OT provides access to real world video content and related documentation (in PDF and other file formats) (“Digital Content”) intended to education and motivate individuals in the healthcare field. The Digital Content is made available only through streaming intent directly and is not available for download, copy, or reproduction of any kind.
• Digital Content may not be embedded in other locations or shared in other locations without written consent from Amplify OT or Clarice Grote.
• We respect the intellectual property rights of others and ask you to do the same. If you believe your work has been copied on the Website in any way that constitutes copyright infringement, please contact us at admin@amplifyot.com with the necessary information.
• Amplify OT shall not be held liable for any copyright infringement committed by members or users of this site.
• Any third-party trademarks that appear within the Services are the property of their respective owners.
• Information that is owned and produced by the US Federal Government is not subject to intellectual property and is public domain. However, interpretations or summaries of this information may fall under intellectual property of Amplify OT and Clarice Grote and may not be reproduced without credit or permission.

Disclaimer of Warranties

• The Website is provided on an “as is” and “as available” basis. Amplify OT does not guarantee the accuracy, completeness, or usefulness of any information on the Website.
• Amplify OT cannot be responsible for state licensing, national certification, or regulatory changes in higher education requirements that impact the ability to utilize our materials in programs or training.
• Amplify OT retains the right to remove, update, modify, add, or change content in any way without notice to you.
• Amplify OT does not warrant that the Website will be uninterrupted or error-free.

Advertisements and Links to Other Sites

• Amplify OT does not endorse the content on any third-party websites. Amplify OT cannot be and is not responsible for the content of linked third-party sites, sites framed within the Website, or third-party advertisements, and does not make any representations regarding their content or accuracy.
• Use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

Limitation of Liability

• We do not make warranties or representations regarding the security of the Website, the content, or submissions. Data sent over the internet may be intercepted by third parties.
• You are responsible for marinating the confidentiality of your user ID and password that was assigned by us, and you are responsible for all uses of them, regardless of whether the uses were authorized by you.
• Amplify OT, its suppliers and licensors, and their respective officers, directors, authors, presenters, employees, contributors, agents, licensors, corporate patterns, advisors, and advisory board, will not be liable for any damages of any kind arising from the use of the Website, including but not limited to direct, indirect, incidental, and punitive damages.
• Except for claims arising from your misuse of the Website or the content, or claims arising from submissions, you agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, the Content or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Indemnification

• You agree to indemnify and hold harmless Amplify OT and its affiliates from any claims, damages, and expenses arising from your use of the Website.

Termination

• Amplify OT reserves the right to terminate your membership, without notice, for any reason, including but not limited to a breach of these terms and conditions. This right includes for students who are required to utilize this program as part of their education or whose programs purchased the membership on their behalf.
• Upon termination, you will no longer have access to the Website and its benefits.

Governing Law

• These terms and conditions will be governed by and construed in accordance with the laws of the state of North Carolina.

12. Changes to Terms and Conditions

• Amplify OT reserves the right to modify these terms and conditions, at its sole discretion, at any time. Your continued use of the Website after any changes have been made constitutes your acceptance of the new terms and conditions.

13. No Medical Advice

• Our services including information and videos discussing medical situations and are intended for healthcare professionals in connection with healthcare education. Users may also post clinical scenarios and situations. Digital Content and information provided on and through the Website (including information that may be linked to third party sites) is intended for educational purposes only and is not intended to provide medical advice, diagnosis, or treatment to you personally. Because diagnosis and treatment of any medical condition varies by patient, the information contained in Digital Content or the WEbsite should be supplemental to diagnosis and treatment of a health problem or situation by a health care professional, not the sole source of any diagnosis or treatment protocol.

14. Access

• To stream and view Digital Content, you will need to use a personal computer, portable media player, or other device that meets our system and compatibility requirements and is otherwise capable of interacting with the Site and accessing Digital Content (“Compatible Device”). We may chance the requirements for Compatible Devices from time to time and, in some cases, whether a device is a Compatible Device may depend on software or systems provided or maintained but he device manufacturer or other third parties. As a result, devices that are Compatible Devices at once time may not be Compatible Devices in the future. When you purchase a subscription, Digital Content will be available to you to stream online through your Web browser on a Compatible Device. It is your responsibility to have and maintain a Compatible Device. While you may not download, record, share, or otherwise reproduce any of the videos we make available as part of the Digital Content, you may watch, and re-watch those videos as often as you want during the subscription period.
• Our Digital Content is dynamic and what is available will generally change over time. Typically, where we retire or otherwise remove Digital Content, we will replace it with more up to date information.

15. User Feedback and Other Data

• Your feedback and contributions to Amplify OT and the community are important to us. if you submit content to Amplify OT Membership and Community (including through social media channels), such as your biography, comments, reviews, pictures, videos, documents, checklists, and other content (“User Content”) you grant us a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize, and sub license that User Content for any legal purpose.
• In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services (“Feedback”), you agree that Feedback will be treated as non-confidential and you assign all intellectual property rights in Feedback to Amplify OT and Clarice Grote.
• You promise that your User Content and Feedback does not and will not violate these Terms or the rights of any third party, including intellectual property and privacy rights.

16. User Behavior and Hate Speech

• You agree to not use the Website to upload, post, transmit, share or otherwise make available any Content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
• You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not the Website or Company, are entirely responsible for all Content that you upload, post, transmit, share or otherwise make available through the Service.
• The Website does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service.
• You agree not to use the Service to: a. harass, intimidate, or bully any user; b. incite or promote violence or hate speech; c. promote or provide instructional information about illegal activities; d. promote sexually explicit or pornographic material; e. solicit personal information from minors or exploit minors in any way.
• The Website reserves the right, but is not obligated, to monitor or review any Content on the Service, including but not limited to, user Content submitted to the Service, and to remove any Content that, in the Company’s sole discretion, violates these Terms of Use or that is otherwise objectionable. The Company may also restrict or terminate your access to the Service if you engage in any prohibited conduct without refund or notice.
• If you become aware of any Content that violates these Terms of Use, you are encouraged to report such Content using the content moderation tool or by contacting Amplify OT. The Site will take appropriate action, in its sole discretion, in response to any such reports.
• Users found in violation of these terms may be immediately removed with access to all content immediately revoked. Appeals may be considered on a case-by-case basis.

By accessing or using the Website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you are not authorized to use the Website.

Internal Policy: Ethical Conduct and Legal Compliance

At Amplify Therapy Summit/ Amplify OT, we are committed to upholding the highest standards of ethical conduct and legal compliance. Our organization prohibits all forms of unethical or illegal behavior, including but not limited to discrimination, deceptive advertising or claims, fraud, and misrepresentation.

1. Non-Discrimination: We do not tolerate discrimination on the basis of race, color, religion, gender, sexual orientation, national origin, age, disability, or any other protected characteristic. All individuals associated with Amplify Therapy Summit, including employees, contractors, partners, and attendees, must adhere to principles of equality and respect for diversity.
2. Truthful Advertising and Claims: Our organization is dedicated to transparent and truthful communication in all advertising, marketing materials, and promotional activities. We strictly prohibit any deceptive practices or misleading claims regarding our products, services, or events.
3. Fraud Prevention: Amplify Therapy Summit is committed to preventing fraud in all its forms. Employees and representatives are prohibited from engaging in fraudulent activities, including but not limited to embezzlement, bribery, kickbacks, and corruption. Any suspected fraudulent behavior must be reported immediately for investigation.
4. Misrepresentation: We uphold the integrity of our organization by ensuring that all information provided to stakeholders, including clients, partners, and regulatory bodies, is accurate and complete. Misrepresentation of credentials, qualifications, affiliations, or achievements is strictly prohibited.

Consequences of Violations: Violations of this policy may result in disciplinary action, up to and including termination of employment or contract, legal consequences, and reputational damage to the individual and Amplify Therapy Summit/Amplify OT. We encourage all employees, contractors, and stakeholders to report any concerns or suspected violations of this policy to management or the designated compliance officer. Attendees who violate these policies may result in removal from the event or banned from use of the Amplify OT resources and platforms. A refund will not be provided for any service or product if these terms are violated.

Adherence to this policy is essential to maintaining the trust and credibility of Amplify OT and the Amplify Therapy Summit within the occupational therapy community and beyond.

Contact Us:

If you have Website questions, comments, or concerns please email admin@amplifyot.com. Please include details of your questions, comments, or concerns and your complete name and contact information.

Privacy Policy

This Privacy Policy applies to the use of the Amplify OT Membership website (this site), and all the services it provides. It explains what information we (Amplify OT or the Company) collect, how we use that information, how we protect your privacy and the confidentiality of the collected information, and what you can do to opt-out of the information we’ve collected. If you have any questions or concerns about this policy, please contact us using the following email: cgrote@amplifyot.com

This privacy policy, however, does not apply to the practices of third parties that are not affiliated with Amplify OT, but whose website, application, or content can be accessed through this site. The privacy practices of those third parties are governed by their respective privacy policies.

Who we are

Welcome to Amplify OT and the Amplify OT Membership. Our website address is: https://learn.amplifyot.com and https://AmplifyOT.com.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment

When leaving a comment or participating in group forums, discussions, or activity feeds, other Members will see the information you share, your name, and any other information you have decided to add to your profile. Amplify OT cannot guarantee complete privacy of any post, name, photos, personal details shared on the user profile, etc., based on the actions of other users.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Information We Collect

As is true of most other websites, we collect certain information automatically and stores it in log files. The information may include internet protocol (IP) addresses, the region or general location where your computer or devices is accessing the internet, browsers type, operating system, and other usage information about hte use of our website, including a history of the pages you view. We use this information to help us design our site to better suit our users’ need. We may also use your IP address to help diagnose problems with our server and to administer our website, analyze trends, track visitor movements, and gather broad demographic information that assists us in identifying visitors preferences.

In addition, when you communicate with us through the site’s contact form we require that you share your name and email. you can also communicate with the Company through email. You are solely responsible for whatever personal information you share with the Company through the contact form or any other medium, and we will use the information only for lawful purposes, like internal marketing, performance of our contractual obligations, legitimate commercial interests, and compliance with our legal obligations.

When you sign up for our membership or newsletter, you give us certain information voluntarily. This includes your name, email address, phone number, mailing and billing address, profile photo, comments, and any other information you give us. You can also choose to share with us location a data or photos.

When and How we Share Information with Others

Information about your purchases of Amplify OT Membership products and services are maintained in association with your membership or profile account. The personal information that the Company collects from you is stored in one or more databases hosted by third parties. These third parties do not use or have access to your personal information for any purpose other than cloud storage and retrieval. on occasion, we engage third parties to mail products or written materials that you may have purchased.

Purchases and Billing Information

Amplify OT has partnered with various e-commerce and other fulfillment platforms such as Memberpress, Stripe, and PayPal to enable you to safely and securely make payments for products and services purchased through this Site. When you pay for a service, these e-commerce platforms require that you provide them with personally identifiable information, which may include your name, email address, phone number, mailing address, and payment information. We may use this information for lawful purposes, such as performance of our contractual obligations, legitimate commercial interests (e.g. marketing), and compliance with our legal obligations. We never directly receive or handle any of your credit card information, and we do not sell your personal information to any third parties.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

If you request a password reset, your IP address will be included in the reset email.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where your data is sent

Visitor comments may be checked through an automated spam detection service.

Third Party Payers

We use third party payment processors to process payments made to us. In connection with the processing of such payments, we do not retain any personally identifiable financial information such as credit card numbers. Rather, all such information is provided directly to our third party processors, Stripe or PayPal (the “Payment Processors”). Any information that is transmitted to the Payment Processor is encrypted using secure socket layer technology (SSL).The Payment Processor’s use of your personal data is governed by their privacy policy, which may be viewed at the following web address:

• Stripe: https://stripe.com/us/privacy

• PayPal: https://www.paypal.com/us/webapps/mpp/ua/privacy-full

Embedded Content

This site includes embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Third Party Customers or Services

We want to make you aware of all third parties that we use to carry on our business operations. Some of your personal information may end up on their servers, and therefore will be governed by their individual privacy policies. The third party companies or services we use that may handle your information include: Google Analytics, MailerLite, Stripe, PayPal, SiteGround.


• Google Analytics: Used to help us better understand our customers. Data collected by Google Analytics is aggregate data, which is not tied back to a specific individual. https://support.google.com/analytics/answer/6004245?hl=en

• Mailerlite: Used to send marketing communications via email. If you are subscribed to our mailing list you may receive update announcements, information about new products, or other information that may be of interest to roryjacksonart.com users. You can opt-out of these emails through the unsubscribe link at the bottom of any email sent to you through Mailerlite. https://www.mailerlite.com/legal/privacy-policy

• Stripe: Processes payments for purchases made on the Site. https://stripe.com/us/privacy 

• PayPal: Processes payments for purchases made on the Site. https://www.paypal.com/us/webapps/mpp/ua/privacy-full

• Memberpress: Used to manage subscriptions and transactions on the Site.

• Zapier: Used to enable automations and send information from one platform to another with he use of code. https://help.zapier.com/hc/en-us/articles/8496243229069

• Siteground: Used to host the Site and allow visitors access to the Site from anywhere in the world with an internet connection. All Personal Data passed to roryjacksonart.com will flow through or reside on Sitegrounds’s servers. https://www.siteground.com/viewtos/privacy_policy

Children

The Company does not knowingly solicit any personal identifiable information from children under the age of 13. In addition, we do not knowingly obtain, retain, or use information from anyone who indicates that they are under the age of 13.

California Privacy Policy

If you are a California resident, you have the right to request information from Amplify OT regarding the manor in which Amplify OT shares certain categories of your personal information with third parties.

App EULA

Amplify OT is licensed to You (End-User) by Clarice Grote DBA Amplify OT, located and registered at 2018 Rooster Spur Ct, Durham, North Carolina 27713, United States (“Licensor“), for use only under the terms of this License Agreement.

By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.”

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Clarice Grote DBA Amplify OT, not the Services, is solely responsible for the Licensed Application and the content thereof.This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest

Apple Media Services Terms and Conditions and

Google Play Terms of Service (“Usage Rules“).Clarice Grote DBA Amplify OT acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.Amplify OTwhen purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Amplify OT is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) or Google’s operating system (“Android”).

TABLE OF CONTENTS

1. THE APPLICATION

2. SCOPE OF LICENSE

3. TECHNICAL REQUIREMENTS

4. MAINTENANCE AND SUPPORT

5. USE OF DATA

6. USER-GENERATED CONTRIBUTIONS

7. CONTRIBUTION LICENSE

8. LIABILITY

9. WARRANTY

10. PRODUCT CLAIMS

11. LEGAL COMPLIANCE

12. CONTACT INFORMATION

13. TERMINATION

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

15. INTELLECTUAL PROPERTY RIGHTS

16. APPLICABLE LAW

17. MISCELLANEOUS

1. THE APPLICATION

Amplify OT (“Licensed Application“) is a piece of software created to provide access to a community or like minded individuals and educational resources on Medicare policy, billing, and advocacy for occupational therapy practitioners, students, faculty, and other health professionals. — and customized for iOS and Android mobile devices (“Devices“). It is used to participate in community discussions, receive relevant updates, and watch courses. .

The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

2.1  You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2  This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3  You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Clarice Grote DBA Amplify OT’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4  You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Clarice Grote DBA Amplify OT’s prior written consent).

2.5  You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.6  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7  Licensor reserves the right to modify the terms and conditions of licensing.

2.8  Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1  Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2  You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.3  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1  The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.

4.2  Clarice Grote DBA Amplify OT and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: https://learn.amplifyot.com/privacy-policy/.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

6. USER-GENERATED CONTRIBUTIONS

The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8. LIABILITY

8.1  Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

8.2  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

8.3  Licensor takes no accountability and responsibility in case of business, legal, or medical decisions made as a reaction to information contained in this application. The user is encouraged to seek appropriate legal or medical advice prior to making decisions. Due to the nature of policy and advocacy, information changes quickly so depending on when you access the information or when it was published it may not be up to date. The user is responsible for ensuring the accuracy of any information prior to utilization or disemination. .

9. WARRANTY

9.1  Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

9.2  No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Clarice Grote DBA Amplify OT’s sphere of influence that affect the executability of the Licensed Application.

9.3  You are required to inspect the Licensed Application immediately after installing it and notify Clarice Grote DBA Amplify OT about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of fourteen (14) days after discovery.

9.4  If we confirm that the Licensed Application is defective, Clarice Grote DBA Amplify OT reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5  In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.6  If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10. PRODUCT CLAIMSClarice Grote DBA Amplify OT

 and the End-User acknowledge that Clarice Grote DBA Amplify OT, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.

12. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

Amplify OT Admin

admin@amplifyot.com

13. TERMINATION

The license is valid until terminated by Clarice Grote DBA Amplify OT or by You. Your rights under this license will terminate automatically and without notice from Clarice Grote DBA Amplify OT if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Clarice Grote DBA Amplify OT represents and warrants that Clarice Grote DBA Amplify OT will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

15. INTELLECTUAL PROPERTY RIGHTS

Clarice Grote DBA Amplify OT and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Clarice Grote DBA Amplify OT, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

16. APPLICABLE LAW

This License Agreement is governed by the laws of the State of North Carolina excluding its conflicts of law rules.

17. MISCELLANEOUS

17.1  If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2  Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

This EULA was created using Termly’s EULA Generator.