USE OF THIS SITE CONSTITUTES AGREEMENT TO ITS TERMS. ALL DISPUTES RELATING TO THIS AGREEMENT ARE SUBJECT TO FINAL AND BINDING ARBITRATION PURSUANT TO THE APPLICABLE STATE’S UNIFORM ARBITRATION ACT: NCGS §1-569 ET SEQ., SC CODE ANN. §15-48-10 ET SEQ., AND/OR THE FEDERAL ARBITRATION ACT 9 U.S.C. 1 ET SEQ., AND FURTHER ARE SUBJECT TO A WAIVER OF CLASS ACTIONS.
ASSOCIATION MANAGEMENT GROUP, INC.
ASSOCIATION MANAGEMENT GROUP OF CHARLOTTE, INC.
ASSOCIATION MANAGEMENT GROUP SC, INC.
TERMS AND CONDITIONS
Introduction
These Terms and Conditions (“Terms”) shall govern, control, and manage (1) your (the “User,” which herein includes all past, current, and future (a) users of AMG’s website and (b) users and purchasers of AMG’s services, including but not limited to Requesting Attorneys, their clients, and all third-parties who purchase, use, and/or benefit from AMG’s services)[1] use of AMG’s website, www.amgworld.com and (2) the provision to you of any products (including any forms and products accessible from www.amgworld.com and otherwise) or services (collectively, “Services”) by Association Management Group, Inc., Association Management Group of Charlotte, Inc. and Association Management Group SC, Inc. (collectively herein “AMG”).[2]
By using this website or accepting any Services, the User agrees to accept all terms and conditions contained herein and agrees to be bound under these Terms. These Terms will apply to use of this website, the provision of Services by AMG, and any interaction with AMG. In the event the User does not agree with any of these Terms, the User is directed not to use this website. Minors or people under the age of 18 years old are not authorized to use this website.
The User and AMG are the only parties bound by or who shall have rights under these Terms. There are no third-party beneficiaries to these Terms and the User confirms agreement to these Terms solely on User’s own behalf and not as an agent of any other party. Any User accessing this site or AMG’s Services expressly represents the use and benefit is that of the User.
In the event the terms of any other agreement(s) between User and AMG including, without limitation, a Community Services Agreement (“Other Agreement”) conflict with or more specifically address the topic of any term contained herein, the Other Agreement shall control and apply. For clarity, a Community Services Agreement shall govern only the rights and obligations of the direct parties to that agreement. AMG has no duty to any third-parties.
Intellectual Property Rights
Other than content the User owns separate and apart from this website, including Your Content (as defined below), AMG and/or its licensors own all the intellectual property rights and materials contained in this website (“Website Material”). The User is granted a limited license only for purposes of viewing the Website Material.
Restrictions
Users are specifically restricted from all of the following: (1) publishing any Website Material in any other media; (2) selling, sublicensing and/or otherwise commercializing any Website Material; (3) publicly performing and/or showing any Website Material; (4) using this website in any way that is or may be damaging to this website; (5) using this website in any way that impacts user access to this website; (6) using this website contrary to applicable laws and regulations, or which in any way may cause harm to the website, or to any person or business entity; (7) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website; (8) any action, including but not limited to, making screenshots of the AMG website which denigrate, harm or defame or are used to denigrate, harm or defame AMG; and (9) using this website to engage in any advertising or marketing. Certain areas of this website are restricted from being accessed by User and AMG may further restrict access to any areas of this website, at any time, in its absolute discretion. Any user ID and password you may have for this website are confidential and you must maintain their confidentiality as well.
Your Content
In these Terms, “Your Content” shall mean any audio, video text, images or other material a User may choose to display on this website. By displaying Your Content, the User grants AMG a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing any third-party's rights. AMG reserves the right to remove any of Your Content from this website at any time without notice or liability. No mobile information will be shared with unaffiliated third parties for marketing/promotional purposes.
No Warranties
This website and AMG’s services are provided “as is,” with all faults, and AMG makes no express or implied representations or warranties of any kind related to this website, the Website Materials, or the services provided by AMG including no implied warranties as to merchantability, fitness for a particular purpose or otherwise. By using this website and/or accepting Services, User hereby waives all warranties, obligations, or liabilities, express or implied, arising by law, in contract or in tort, or otherwise, except as expressly set forth in these Terms.
Nothing contained on this website shall be interpreted as providing advice to you whether legal or otherwise.
Limitation of Claims and Liability
User expressly agrees that no claim may be brought against AMG, its employees, officers, shareholders, or affiliates arising from the use of this website and/or AMG’s services unless such claim is presented within 180 days from the act or omission giving rise to such claim or demand.[3] AMG’s maximum liability to User and User’s exclusive remedy from AMG for any loss, claim, cause of action, damages, injury, expenses, liability, or obligation arising out of User’s use of the website or AMG’s provision of Services shall be (1) the refund by AMG to User of the sales price paid for the Services or (2) in the event services are not purchased by User, the sum of $500.00. User acknowledges and agrees that the return of the full sales price for the Services which were the direct cause of the alleged loss, damage, or injury or a maximum of $500.00, as the case may be, will prevent the foregoing remedies from failing of their essential purpose and that such remedy is fair and adequate.
AMG expressly disclaims and User expressly waives as to AMG, its employees, officers, shareholders, and affiliates any liability for any loss, claim, cause of action, damages, injury, expenses, liability, or obligation arising out of the use by User of any third party website, services, or products whether linked from AMG’s website or required or suggested by AMG’s website or otherwise including any third party payment facilitators.
IN NO EVENT WILL AMG, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, OR AFFILIATES BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST OR PROSPECTIVE PROFITS, LOST EARNINGS OR BUSINESS INTERRUPTION, OR ATTORNEYS’ FEES, WHETHER OR NOT BASED UPON AMG'S NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION.
Indemnification
User hereby agrees to indemnify, defend, and hold harmless AMG, its employees, officers, shareholders, and affiliates to the fullest extent allowed by applicable law from and against any and all liabilities, costs, demands, causes of action, claims, damages of every kind including but not limited to actual, compensatory, and punitive damages, expenses, and attorneys’ fees arising out of and/or in any way related to User’s: (a) breach of any of the provisions of these Terms; (b) use, reliance upon, and/or content of www.amgworld.com or AMG’s services; and/or (c) actions, omissions, treatment, and/or conduct toward any third-party arising out of and/or related in any way to the use, reliance upon, and/or content of www.amgworld.com or AMG’s services. AMG, its employees, officers, shareholders, and affiliates shall in no event be liable for any error in judgment, any mistake of fact or law, any negligence, or for anything arising from or related to this Agreement, AMG’s website, or AMG’s services. The provisions of this section shall apply even if such liabilities are caused in whole or in part by the sole, joint, or concurrent negligence, whether active or passive, fault or strict liability of AMG. User shall provide and pay for AMG a legal defense (as selected by AMG, in AMG’s sole discretion) and indemnification immediately upon demand by AMG. User further shall promptly advise AMG in writing of any claim, demand, action, administrative or legal proceeding, or investigation to which indemnification may apply, and User, at User’s expense, shall assume on behalf of AMG and conduct with due diligence and in good faith the defense thereof with counsel satisfactory to and approved by AMG. In the event User fails to fully perform its obligations under this Agreement, AMG, at its option and without relieving User of its obligations, may so perform, but all costs and expenses shall be reimbursed to AMG by User, together with interest at the highest lawful rate of interest allowed by law (if no maximum rate is applicable, eighteen percent (18%) per annum). Indemnification shall not be limited to damages, compensation, or benefits payable under insurance policies.
Mandatory Arbitration and Waiver of Class Actions
AMG and Users of AMG’s past, current, and/or future services, including but not limited to AMG’s website and the Statement of Unpaid Assessments that AMG compiled, provided, and/or sold, and all parties with standing to pursue any legal and/or equitable claim or remedy of any kind against AMG, its employees, officers, shareholders, and affiliates for any issue or reason related to AMG’s website and past, current, and future services knowingly and voluntarily acknowledge and agree to the following:
The fees that AMG charged for services, including but not limited to the Statement of Unpaid Assessments, are reasonable, not excessive, and commensurate for the services and information AMG provided.
The fees that AMG charged for services, including but not limited to the Statement of Unpaid Assessments, are not considered, contemplated, and/or treated as “transfer fees,” per the statutory definition of “transfer fees” in Section 39A-2 of the North Carolina General Statutes and/or Section 27-1-70 of the South Carolina Code.
TO WAIVE AND RELEASE THEIR RIGHT, IF ANY, TO SUE, PURSUE, JOIN, OR PARTICIPATE AS A PARTY, AND/OR SEEK MONETARY DAMAGES AND/OR OTHER RELIEF IN ANY CLASS ACTION LAWSUIT IN ANY STATE AND/OR FEDERAL COURT AND/OR IN ANY ARBITRATION PROCEEDING against AMG, its employees, officers, shareholders, and affiliates regarding and/or relating, in any way, to AMG’s past, current, and/or future services, including but not limited to AMG’s website and the Statement of Unpaid Assessments that AMG compiled, provided, and/or sold, including but not limited to the fees charged related thereto.
All claims, counterclaims, cross claims, and/or causes of action of any kind regarding and/or related AMG’s services, including but not limited to the Statement of Unpaid Assessments that AMG compiled, provided, and/or sold, including but not limited to the fees charged related thereto, shall be subject to neutral, binding, and final arbitration. The failure to arbitrate such a claim is a waiver of, and bars, filing and/or pursuing such a claim in any subsequent arbitration or court action.
Any arbitration hearing that requires the attendance of the parties shall take place in Mecklenburg County, North Carolina or Guilford County, North Carolina (as determined exclusively by AMG) for claims or disputes arising in North Carolina, and Greenville County, South Carolina for claims or disputes arising in South Carolina.
The party initiating the arbitration proceeding may select from the following arbitration administrators, which will apply the appropriate rules for commercial disputes in effect at the time the claim is filed with the arbitration organization (“Arbitration Rules”): the American Arbitration Association (“AAA”), JAMS, or any other organization the parties agree to in writing. If neither AAA nor JAMS is able or willing to serve as the arbitration administrator and the parties are unable to agree on a replacement administrator or arbitrator(s), then a court of competent jurisdiction will appoint an administrator or arbitrator(s).
In the event of a conflict between the Arbitration Rules and this Arbitration Agreement, this Arbitration Agreement shall govern. Judgment upon any arbitration award may be entered in any court with proper jurisdiction and may be enforced by any court having proper jurisdiction over that judgment. If a party elects arbitration and the other party refuses to arbitrate, the party electing arbitration may seek a court order enforcing this Arbitration Agreement. In that event, the court shall determine any issues regarding enforceability of this Arbitration Agreement, including the validity and effect of the class action waiver, but all other issues shall be decided by the arbitrator. All statutes of limitation that otherwise would apply to an action brought in court will apply in arbitration.
NO CLAIM SUBMITTED TO ARBITRATION WILL BE HEARD BY A JURY, AND ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE PROHIBITED. NO ARBITRATOR MAY ORDER, PERMIT, OR CERTIFY A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY-GENERAL LITIGATION, OR CONSOLIDATED ARBITRATION. NO ARBITRATOR MAY ORDER OR PERMIT A JOINDER OF PARTIES, UNLESS ALL PARTIES CONSENT TO SUCH JOINDER IN WRITING.
The arbitrator shall apply the law of the State of North Carolina if the arbitration hearing occurs in North Carolina and shall apply the law of the State of South Carolina if the arbitration hearing occurs in South Carolina. Each party shall be responsible for paying its own costs and fees, and the parties shall evenly split the arbitrator’s costs and fees.
The arbitrator(s) will have authority to award compensatory damages only in accordance with these Terms, and shall not have the authority to award injunctive relief, punitive, incidental, indirect, consequential, special, or exemplary damages, or other amounts not expressly allowed in these Terms.
If a court of proper jurisdiction finds any part of this Agreement to be unenforceable for any reason, the remainder shall remain enforceable. If the waiver of class action rights is deemed or found to be unenforceable for any reason in an arbitration in which class action allegations have been made, the remainder of this Agreement shall be deemed invalid and unenforceable, except Paragraphs 1, 2, and 3 above.
Variation of Terms
The User acknowledges and agrees that AMG may revise these Terms at any time as it deems appropriate, and by using this website, the User assumes the responsibility to review these Terms on a regular basis and before taking any action in reliance thereon.
Assignment
AMG may assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, User shall not assign, transfer, or subcontract its rights and/or obligations under these Terms.
Entire Agreement
These Terms, subject to any Other Agreements User may have with AMG, constitute the entire agreement between AMG and the User in relation to use of this website and the provision of Services and supersede all prior agreements and understandings.
[1] All Attorneys who use AMG’s website and/or use and/or purchase AMG’s services are presumed to be acting on behalf of their clients and thus bind their clients through the Attorney’s actions.
[2] Each of the AMG entities is separate and distinct from the others and is not legally liable for any actions, omissions, claims, or causes of action by and/or against the other entities.
[3] Note that for users who reside or operate in South Carolina and access the website and/or services for South Carolina use, the limitation of claims shall be governed by that state’s applicable statutory limitations period. For users who reside or operate in South Carolina and access the website for South Carolina use, the jurisdiction, location of arbitration and state law applicable to the use, service or product provided shall be South Carolina.
