Welcome to AmyK International, Inc..
AmyK International, Inc. (“AmyK, Inc.,” “we,” “us,” or “our”) invites you to access and use our websites, including, without limitation, www.amyk.com, ignitebrilliance.com, and www.amykinternational.com (the “Websites”).
Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
We provide Visitors and Registered Users with access to the Services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the AmyK Ignite Brilliance International community.
AmyK International, Inc.’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.
The Websites are only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below) is a material breach of this Agreement. You are responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
As consideration for any purchase you make on the Websites, you shall pay AmyK International, Inc. all applicable fees and sales and use taxes. We (or our third-party payment processor) shall charge your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize AmyK International, Inc. or its payment processor to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Funds are non-transferable to another entity, party or individual.
The Websites contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of AmyK International, Inc. (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Websites), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of AmyK International, Inc. AmyK International, Inc. retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of AmyK International, Inc. (the “AmyK International, Inc. Trademarks”) used and displayed on the Websites are trademarks or service marks of AmyK International, Inc. Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with AmyK International, Inc., the “Trademarks”). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Without limiting the generality of the foregoing sentence, you may not use the AmyK International, Inc. Trademarks in metatags without our prior express written consent.
Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
As noted above, the Websites provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or expectation of privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT AmyK International, Inc., ARE ENTIRELY RESPONSIBLE FOR ALL REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.
You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein, throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by this Agreement and/or to advertise and promote the Websites, AmyK International, Inc., and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
If you submit Registered User Content to us, each such submission constitutes a representation and warranty to AmyK International, Inc. that: (i) such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content to us); (ii) you have all rights necessary to grant the license to the Registered User Content conveyed under the prior paragraph; (iii) your Registered User Content and its use by AmyK International, Inc. and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property rights, moral rights, rights of publicity, or other rights of any person, and (iv) your Registered User Content does not contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
Although we encourage you to email us, we do not want you to, and you should not, email us or otherwise provide us with any content that contains confidential or proprietary information. We cannot accept responsibility for protecting against misuse or disclosure any confidential or proprietary information or other materials that you choose to submit to us in the absence of a separate express written agreement to do so signed by us. You agree that your submission of any ideas, suggestions, documents, and/or proposals to AmyK International, Inc. (“Submissions”) is at your own risk and that we have no obligations with respect to such Submissions. We shall be free to use any ideas, concepts, know-how, techniques or other information contained in your Submissions for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services without compensation or attribution to you.
THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, ARISING FROM YOUR USE OF THE WEBSITES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMYK INTERNATIONAL, INC. AND ITS LICENSORS: (I) SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) UNDER NO CIRCUMSTANCES WILL AMYK INTERNATIONAL, INC. AND ITS LICENSORS BE LIABLE TO YOU FOR MORE THAN GREATER OF THE TOTAL AMOUNT OF FEES YOU HAVE PAID TO US IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE ASSERTION OF YOUR CLAIM OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. NOTWITHSTANDING THE PRECEDING TWO SENTENCES, THE FOREGOING LIMITATION OF LIABILITY SHALL NOT EXTEND TO CLAIMS FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE BY CONSUMERS WHO RESIDE IN THE STATE OF NEW JERSEY OR TO CLAIMS BY CONSUMERS WHO ARE NEW JERSEY RESIDENTS FOR ANY DAMAGES CAUSED BY FRAUD, DECEPTION, FALSE PROMISE, MISREPRESENTATION, OMMISSION OF ANY MATERIAL FACT OR INTENTIONAL OR RECKLESS MISCONDUCT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.
The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or operators of such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable attorney’s fees, arising or resulting from: (i) your breach or alleged breach of this Agreement or any of your representations and warranties hereunder; (ii) your misuse of the Content or the Websites; and/or (iii) your alleged violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist with our defense of such matter.
The Websites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Websites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability.
AmyK International, Inc. respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and respond to requests to remove any Content alleged to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
AmyK International, Inc.
3830 Valley Centre Drive
Suite 705-PMB 462
San Diego, CA 92130
If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
This Agreement and any action related thereto will be governed by the laws of the State of California, subject to the Federal Arbitration Act (“FAA”), and without giving effect to any conflicts of law or other principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
In the event of a dispute arising under or relating to this Agreement, the Content, the Websites, any products or services sold by AmyK International, Inc. or related advertising (each, a “Dispute”), either party may elect to finally and exclusively resolve the Dispute by binding arbitration governed by the FAA. Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside or at any location mutually agreeable to the parties. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. As set forth in Section 18 below, nothing in this Agreement will prevent you or us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our respective intellectual property rights.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS RELATING TO DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of this Section 17 (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in a state or federal court of competent jurisdiction in San Diego County, California and you and we consent to the exercise of personal jurisdiction by such courts in connection with such severed claims. If any other provision of this Agreement is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of this Agreement shall remain in full force and effect.
You and we acknowledge and agree that in the event of an alleged infringement or threatened infringement of intellectual property rights,, the party seeking relief shall be entitled to seek injunctive relief to enforce this Agreement and its intellectual property rights. Without limiting the foregoing sentence, you and we may, without waiving any other remedies under this Agreement, seek from a court having jurisdiction any injunctive relief that is necessary to protect our intellectual property rights pending the outcome of the arbitration referenced above. You and we hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California, San Diego County for purposes of any such proceeding and agree that such proceeding must be brought exclusively in such courts.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. The following sections shall survive any termination or expiration of this Agreement: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.”
We reserve the right, in our sole discretion, to modify or replace any provisions of this Agreement, or change, suspend, or discontinue the Websites (including without limitation, the availability of any feature, database, or Content) at any time by posting a notice on the applicable Website(s) or by sending you notice through postal mail, e-mail or by another appropriate means of electronic communication. While we will timely provide notice of modifications, it is also your responsibility to check this Agreement periodically for changes. Your continued use of the Websites following notification of any changes constitutes your acceptance of those changes. Notwithstanding any provision in this Section 20 to the contrary, we agree that if AmyK International makes any future material change to the arbitration provisions of this Agreement (Sections 16, 17 or 18), such changes will not apply to any individual claims that you had already provided notice of to us
Under California Civil Code Section 1789.3, customers from California are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
AmyK International, Inc. tools are designed to enhance your critical thinking. AmyK Hutchens, AmyK, Inc., and AmyK International, Inc. are not authorized to provide legal, accounting, family counseling or therapeutic advice. You fully understand that AmyK International, Inc. tools are used at your own risk. If legal, financial, counseling or therapeutic advice or assistance is required, the services of a competent professional in these areas of expertise should be sought. AmyK Hutchens and AmyK International, Inc. do not accept any responsibility for any liabilities resulting from the actions or decisions derived from the tools we make available.
As with any leadership & self-development type resources, your results from participating in any of our programs and/or using any of our tools, resources, guides, playbooks or any materials distributed by AmyK International, Inc. may vary. Your results may specifically vary from any client testimonials we share. Your results will be based on a wide spectrum of variables, including, but not limited to: your level of effort, business acumen, current leadership and emotional intelligence skills, personal qualities and a myriad of other factors. Since these factors differ for each individual, we cannot guarantee your success, results, profitability, nor are we responsible for your success or failure as a leader, business owner and/or communicator. None of our programs, tools, resources, content or materials are “get rich quick” schemes, “climb the ladder faster” schemes or a “make my people and family like me” schemes. It takes lots of time, effort, and dedication to become a better leader who achieves stellar results. We believe that we provide you brilliant, actionable playbooks and tools to help you be brilliant in business & happy in life, and any client testimonials we share are from folks who simply agree.