Terms

AMBER BOOK TERMS OF USE

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Amber Book (defined below), which governs your use of Products (defined below) obtained by purchase through this website at http://amber-book.thinkific.com/, http://amber-book.com/, http://amberbook.com/, http://60penny.com/, or any related domains or subdomains (the “Sites”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Ermann Associates, LLC doing business as “ Amber Book” or “60 Penny.”

“Products” referred to by these Terms include but are not limited to: videos, templates, books (electronic and paper), communications, workshops, flash cards, files, and any other documents provided, paid for, purchased or for which you supply personal information in exchange, including free downloaded material or other information available through the Sites, obtained from Amber Book. All such Products are the intellectual property of and are owned by Amber Book.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Amber Book’s Products and Sites immediately.

Understand that by using the Sites, any Products, services or applications for which you tender payment or otherwise obtain through the Sites, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

Amber Book is a resource through which you may obtain information and materials in preparation for any of the ARE Exam divisions. It provides online services and materials primarily consisting of instructional videos, video books, seminars and written materials for use by individuals who are preparing for any of the ARE Exam divisions. Specifically, the Sites, services, and Products help you identify problem areas and other issues commonly encountered on the ARE Exam divisions in an effort to prepare you for optimum performance. Services, Products and any other information available through the Sites do not guarantee any particular result and are meant only to be informational tools to assist in your preparation and study for the ARE Exam divisions; they are not to be used for actual design, architectural, or construction work; in connection with the negotiation of contracts; in connection with real estate; or for any other real-world application other than preparation and study for the ARE Exam divisions. Amber Book is not affiliated with any commercial test preparation course or entity and provides materials for study preparation assistance only. Communications between you and Amber Book are protected by our privacy policy, provided below.

Amber Book provides information and documents we hope will be helpful to those of you who have elected to manage your own method of test preparation. While Amber Book makes an effort to keep our materials current and updated, because information available and tested can change at any time, Amber Book can in no way guarantee that its Products and services are completely up to date at any given time. If you should need further direction or test preparation assistance, Amber Book strongly encourages you to consult with supplemental test preparation providers for additional support.

PRIVACY POLICY

Amber Book permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available below, which is incorporated herein by reference.

Amber Book will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Amber Book will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Amber Book is the sole manager of such information collected on the Sites and will use such information to respond to you as necessary. You grant Amber Book a worldwide, royalty- free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

AFFILIATE LINKS

Links on the Sites may be affiliate links controlled by parties other than Amber Book to help support the maintenance of the Sites. Amber Book does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Amber Book from any loss or damage incurred from dealing with such affiliate.

INTELLECTUAL PROPERTY LICENSE

Amber Book owns or has licensing rights to all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of Amber Book’s services, and; (d) any other intellectual property rights afforded to Amber Book, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Amber Book does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Sites.

You agree not to make unauthorized use of or otherwise infringe upon Amber Book’s Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. Amber Book tracks evidence of such infringement and unauthorized use, access and sale of the Product (each instance an “Unauthorized Use”). You hereby permit Amber Book to charge the credit card or other method of payment You make available for Product purchases in an amount equal to, but not to exceed, the price paid for the corresponding Product upon each instance of such Unauthorized Use in the event that Amber Book is in possession of evidence of such Unauthorized Use. Amber Book may otherwise take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms and nothing in this section shall limit Amber Book’s ability to seek all remedies available to it whether it law or in equity.

So long as you comply with this Terms of Use and during the term of your use of the Products and services as otherwise provided for by Amber Book, Amber Book grants you a non-exclusive, non-transferable license to view and use the Products you purchase solely for your personal use as a study aid and solely as directed on the Site (the “Permitted Use”). The Permitted Use does not include any reproduction, copying (including the taking of screenshots), use of the Products to develop products that are similar to or that compete with Amber Book, use of the Products for any business or revenue-generating activity, or use of the Products for resale or distribution. You furthermore agree:

(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;

(2) aabide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;

(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products.

CONTACT

By using the Sites and entering personal information, you give Amber Book permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let Amber Book know by emailing us at [email protected], and we will refrain from doing so.

RETURN/REFUND POLICY

We hope you enjoy our product, but if you are unsatisfied in any way, please email us at [email protected].

Refunds are available to anyone, at any time, for any reason, no questions asked.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. AMBER BOOK OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. AMBER BOOK MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

IN DESIGN, CONSTRUCTION, CONTRACT NEGOTIATION, OR REAL ESTATE, AMBER BOOK CONTENT NEVER REPLACES THE USE OF A COMPETENT LICENSED PROFESSIONAL CONSULTANT, FAMILIAR WITH THE PARTICULARS OF OF THE PROJECT.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, AMBER BOOK SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO AMBER BOOK, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the Commonwealth of Virginia. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for Montgomery County. Amber Book reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Amber Book’s Products, Materials and services.

Any questions regarding the above Terms may be directed to: [email protected]