Effective Date: May 18, 2026
Welcome to Amplify Marketing (“Amplify Marketing”, “we” or “us”) owned by amplify marketing LLC. By accessing or using our website at https://amplifyup.com, subdomains, content and services (“Site”) you agree to be bound by the following Terms and Conditions (“Terms”). Please read these Terms carefully before using our Site.
Fees and terms for paid services by our business clients will be outlined in a separate agreement or order form.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, OR REPRESENTATIVE ACTION. PLEASE READ THE SECTION TITLED “DISPUTE RESOLUTION” BELOW TO LEARN MORE.
Acceptance of Terms
By using our Site, you acknowledge that you have read, understood, and agree to comply with these Terms. If you do not agree with any part of these terms, you must not use our Site.
Use of our Site
You are granted a limited, non-exclusive, non-transferable license to access and use our Site for personal or internal business purposes in accordance with these Terms. You may not misuse our Site, engage in unauthorized activities, or violate any applicable laws or regulations.
As a user of the Site, you agree not to:
- use the Site to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
- send any advertising or promotional material, or similar solicitation; exploit, harm, or attempt to exploit or harm minors in any way; impersonate or attempt to impersonate Amplify Marketing, its employees or others; engage in any conduct, as Amplify Marketing determines, that restricts or inhibits the use or enjoyment of the Site or harms others or exposes them to liability; violate any applicable federal, state, local, or international law or regulation (including laws regarding the export of data or software);
- submit false and misleading information;
- for any unlawful purpose;
- disable, overburden, damage, or impair the Site or interfere with another party’s use of the Site;
- use any robot, spider, or other automatic device, process, or means to access the Site for any purpose; use any manual process to monitor or copy any of the material on the Site, or for any purpose not expressly authorized in these Terms, without our prior written consent;
- use any device, software, or routine that interferes with the proper working of the Site;
- introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
- attack the Site via a denial-of-services attack or a distributed denial-of-services attack;
- or otherwise attempt to interfere with the proper working of the Site.
We reserve the right to terminate your use of the Site for violating any of these prohibited activities.
Intellectual Property
All content, trademarks, and materials available on our Site, including text, graphics, logos, and software, are the property of Amplify Marketing or its licensors and are protected by applicable copyright and trademark laws. You may not reproduce, distribute, or create derivative works from our content without prior written permission.
If you wish to make any use of the Site, content or marks other than as set out in this section or elsewhere in our Terms, please address your request to hello@amplifyup.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Site or content, you must comply with our guidelines, identify us as the owners or licensors of the Site, content and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our content.
We reserve all rights not expressly granted to you in and to the Site, content, and marks.
Any breach of this Section or our intellectual property rights will constitute a material breach of our Terms and your right to use our Site will terminate immediately.
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Site (“Feedback”), you agree to assign to us all intellectual property rights in such Feedback. You agree that we shall own this Feedback and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Warranty Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR PARENT COMPANY, AFFILIATES, AND RELATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED SITE, OR ANY SITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, parent company, affiliates, related entities and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising out of your use of the Site, your breach of these Terms, or your violation of applicable law. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Termination
These Terms shall remain in full force and effect while you use the Site. We reserve the right to suspend or terminate your access to our Site at any time for any reason, including violation of these Terms.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflict of law provisions.
The Site may contain links to other websites operated by other parties. Such links are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party links accessed through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in such third party links or websites. Such third party links do not imply approval or endorsement by us. If you decide to leave the Site and access the third party links, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Site. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other third party site or resource.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms or the Site (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, or remotely by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If you intend to seek arbitration you must first send a written notice (“Notice”), by first class or certified mail to 2867 Pine View Drive NW Prior Lake MN 55372. If intends to seek arbitration, Amplify Marketing will send a Notice to the current billing address on the order form. The Notice must describe the nature and basis of the claim and the specific relief sought. If the Parties cannot reach an agreement within 30 days from the receipt of the Notice, either Party may initiate arbitration proceedings.
A form to initiate arbitration proceedings is available on the AAA services at www.adr.org. In addition to filing this form with the AAA, the Party initiating the arbitration must mail a copy of the completed form to the opposing Party. You may send such copy to Amplify Marketing at hello@amplifyup.com, and Amplify Marketing will send such copy to the current billing address on your order form or to your attorney, if you have retained one.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Scott County, Minnesota, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. In no event shall any Dispute brought by either Party related in any way to the Site or these Terms be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Each Party shall bear its own attorneys’ fees and costs incurred in connection with any Dispute.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Electronic Communications, Transactions
Visiting or using the Site and sending us emails, constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
Changes to Terms
We reserve the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting on this page. Continued use of our Site following modifications indicates your acceptance of the revised Terms.
Contact Us
If you have any questions about these Terms, please contact us at hello@amplifyup.com.