AMP Street Terms of Service

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION BY BINDING ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION BY BINDING ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND AMP STREET, LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

1. Acceptance of Terms

AMP Street, LLC (“AMP Street,” “we,” “us,” or “our”) provides users with an online information and communications platform, as well as related services that can be accessed from or through this website (collectively, “Services”). Please carefully read these Terms of Service (“Terms”) before using the Services. By using our website and services, you agree to comply with and be legally bound by these Terms. If you do not agree to these Terms, you should not use our website or services. These Terms of Service also apply to any co-branded or white-labeled version of this website.

2. Services Provided

AMP Street facilitates the distribution of vehicle manufacturer incentive redemption codes to qualifying members and/or customers of affinity organizations. We confirm your eligibility to participate in the applicable vehicle manufacturer’s incentive program, and collect and share the information required by the vehicle manufacturer to obtain the incentive redeemable at participating dealerships.

3. Information Collection and Use

We may collect the following information so you can participate in the vehicle manufacturer’s incentive program:

By providing us with the above information, you consent to our use of it for the purpose of obtaining a unique incentive code from the vehicle manufacturer.

4. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

5. Eligibility

To use our Services, you must:

6. User Responsibilities

As a user of our website, you agree to:

7. Prohibited Activities

You agree not to:

8. Communications With Amp Street And Third-Party Partners

You acknowledge that telephone calls to or from AMP Street and/or our third-party partners (collectively, “AMP Street Parties”) may be monitored and recorded and you agree to such monitoring and recording. You verify that any contact information provided to AMP Street Parties, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. Should any of your contact information change, including ownership of your telephone number(s), you agree to immediately notify us by calling us or emailing us, in accordance with the instructions below.

You agree to indemnify, defend and hold the AMP Street Parties harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees), including, but not limited to, claims under the Federal Telephone Consumer Protection Act or its state law equivalent, and including claims arising from your voluntary provision of contact information (including a telephone number) that is not your own, your failure to notify us of any changes to your contact information, including telephone number, and/or from your violation of any federal, state or local law, regulation or ordinance. We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

You acknowledge that by voluntarily providing your telephone number(s) to AMP Street Parties, you expressly agree to be contacted by Amp Street Parties and to receive prerecorded voice messages and/or autodialed calls or text messages related to incentives and other offers, any transaction, and/or your relationship with AMP Street Parties. This does not mean that all calls or text messages to you will be sent through automated means. You also agree to be contacted at the email addresses provided by you. Consent to receive automated marketing calls/texts is not a condition of using the Services. Calls or text messages may be sent by AMP Street Parties even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that we may add to or withdraw third-party partners from our participating partner list at any time, and you consent to be contacted, as explained above, by these third-party partners notwithstanding the date of the start of your relationship with AMP Street. Your consent to be contacted applies to third-party partners that may have existed at the start of your relationship with AMP Street and that may thereafter be added to AMP Street’s participating partner list. You acknowledge that you may incur a charge for calls or text messages by your telephone carrier and that AMP Street Parties are not responsible for these charges.

Your consent to receive automated calls and texts is completely voluntary. You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive or follow other opt-out instructions included with the text message. You acknowledge and agree that you may receive a text message confirming your opt-out. We may use different shortcodes or phone numbers for different purposes to better serve you. Texting STOP to one shortcode or phone number does not effectuate a stop request for all shortcodes or phone numbers to which you are subscribed. If you would like to stop messages from multiple shortcodes or phone numbers, text STOP to each shortcode or each phone number to which you would like to unsubscribe.

To opt-out of automated telephone calls from AMP Street (but not text messages), call 1-(844) 227-5433. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. To opt-out of receiving automated telephone calls or texts from a participating third-party partner, please contact the third-party partner directly. We are not responsible for unwanted contact from third parties. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls, AMP Street Parties reserve their right to make non-automated calls to you relating to your account, any transaction, or their relationship with you. Your obligations under this Section shall survive termination of these Terms of Service.

You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets.

AMP Street is committed to respecting your privacy and protecting your personally identifiable information. AMP Street shares the information you enter on this website with third parties (e.g., vehicle manufacturers and dealerships) in order to provide you with the incentive information you requested, and with other service providers associated with the Services. The information that you provide to Amp Street Parties and/or we collect through your use of this website are subject to the AMP Street Privacy Policy. You understand that through your use of the Services, including this website, you consent to the collection and use (as set forth in the AMP Street Privacy Policy) of this information. Please review our Privacy Policy for further information on our data collection and use practices.

9. Services

All information provided on this website is for informational purposes only. Information displayed through the Services such as vehicle image, availability, and pricing, either reflects or is based on available data. Any pricing information, to the extent provided on this website, does not reflect a dealer's price for an actual vehicle consistent with your preferences. Any incentive offer that you may receive from vehicle manufacturers through your use of the Services is provided directly to you by that vehicle manufacturer, and is not provided by AMP Street. The terms and conditions of these incentive offers are determined by the applicable vehicle manufacturer, and not by AMP Street. AMP Street may also provide you with links to third-party websites where you can obtain other products and services. Information you may receive from third parties is provided directly to you by that third party, and is not provided by AMP Street. As such, Amp Street is not responsible for the information provided by those third parties.

Neither the accuracy of information provided on this website, nor the availability, quality, or safety of vehicles, is guaranteed or controlled by AMP Street, and AMP Street assumes no responsibility for the foregoing. You agree that any reliance on the information on this website is at your own risk. Any discrepancies or mistakes made regarding vehicle incentives, availability, condition, pricing, financing, insurance and the like are not the responsibility of AMP Street and should be directed to the dealer or appropriate third-party vendor. AMP Street is not responsible for any errors, discrepancies, or mistakes in reports or information originating from third parties. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease of a vehicle or of other products or services. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and your reasons for your belief to support@ampstreet.com.

By using the Services, you acknowledge and agree that participating dealers may not have in inventory a new vehicle that exactly matches any vehicle you may view on the website, and certain models or configurations may not be available. Your dealer will confirm vehicle availability, including available options and colors, from actual inventory. Each dealer sets and controls its own pricing. You may negotiate the purchase price directly with the dealer, and AMP Street plays no role in that negotiation.

For the avoidance of doubt, AMP Street is solely an information and communications platform. AMP Street is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers, nor a provider of, or broker or agent for, other automotive-related products or services offered by third parties. AMP Street receives a fee from the participating manufacturers or third-party service providers in connection with the Services.

10. Right to Deny Access and Modify Services

AMP Street reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. AMP Street also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that AMP Street shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).

11. Intellectual Property

All content, trademarks, service marks, and logos on our website are the property of AMP Street or its licensors. You may not use any content from our website without our prior written permission.

12. Disclaimer of Warranties

THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT. IN ADDITION, AMP STREET DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AMP STREET OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. AMP Street is not responsible for making repairs to any vehicle. If you have complaints or concerns about defects or repairs, please contact the dealer, seller, or manufacturer directly.

13. Limitation of Liability

IN NO EVENT SHALL THE AMP STREET ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE AMP STREET ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).

IN NO EVENT WILL THE TOTAL LIABILITY OF THE AMP STREET ENTITIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED TWENTY-FIVE DOLLARS ($25).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You will indemnify, defend and hold harmless Amp Street and its subsidiaries, affiliates, partners, officers, directors, employees, consultants, and agents (collectively, “Amp Street Representatives”) from all claims, whether actual or alleged (collectively, “Indemnified Claims”), that arise out of or in connection with a breach of these Terms, your use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Indemnified Claim against an Amp Street Representative, subject to such Amp Street Representative’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Indemnified Claims against an Amp Street Representative, provided that you will not agree to any settlement that imposes any obligation or liability on an Amp Street Representative without its prior express written consent.

15. Trademark Information and Intellectual Property

You agree that all of AMP Street’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of AMP Street, and that you will not display or use any of the foregoing without AMP Street's prior written approval in each instance.

You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of one or more of the Amp Street Parties. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.

16. Copyright OR Intellectual Property Complaints

AMP Street respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:

Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement at:

Copyright Agent
AMP Street, LLC
2025 Guadalupe Street, Suite 260
Austin, Texas 78705

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17. Dispute Resolution by Binding Arbitration

YOU HAVE READ THIS SECTION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND AMP STREET. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN THE SECTION ENTITLED “OPT OUT OF ARBITRATION” BELOW.

Initial Dispute resolution

Before submitting a claim for arbitration in accordance with this arbitration provision, you and we agree to try, for sixty (60) days, to resolve any Dispute (as defined below) informally. Any party wishing to bring a claim agrees to provide a notice of the Dispute to the other party, which shall include the sender’s name, address and contact information, the facts giving rise to the Dispute, and the relief requested. The notice shall be an individualized claim specific to the individual bringing the claim. Any notice to Amp Street shall be sent to legal@ampstreet.com or regular mail at Attn: AMP Street, LLC, 2025 Guadalupe Street, Suite 260, Austin, Texas 78705. Any notice sent to you will be sent to the most recent e-mail address Amp Street has in its records for you. Once the notice is received by the other party, you and we agree to participate and negotiate (personally and, if you and Amp Street are represented, with counsel) in good faith about the Dispute for sixty (60) days. This personal participation includes a telephone settlement conference between you and Amp Street if it is requested by the party that receives the notice.

If the Dispute is not resolved within sixty (60) days after receipt of the notice (or a longer period agreed to by the parties), you or Amp Street may initiate an arbitration or a small claims court proceeding in accordance with these Terms.

Neither party may initiate an arbitration or a small claims court proceeding unless that party has fully complied with this section. If either party violates this section, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or small claims court proceeding and, unless prohibited by law, no arbitration administrator may accept or administer such arbitration or assess arbitration fees in connection with such arbitration. A party may elect to raise, and seek monetary relief in connection with, non-compliance with this section in arbitration or small claims court.

Agreement to Arbitrate

You, on the one hand, and Amp Street, on the other, agree that the sole and exclusive forum and remedy for resolution of a Dispute shall be final and binding arbitration pursuant to this section entitled “Dispute resolution by binding arbitration” unless you opt out as provided below. The term “Dispute” means any dispute, claim or controversy arising out of or relating to these Terms and/or the activities or relationships that involve, lead to, or result from these Terms, including our marketing activities and any such dispute, claim or controversy between you, on the one hand, and Amp Street Representatives, on the other hand, and (except to the extent provided otherwise in the paragraph entitled “NO CLASS ACTIONS”) the validity or enforceability of this “Dispute resolution by binding arbitration” section, any part thereof, or the entire Terms. Disputes will be settled by binding arbitration, except that each party retains the right: (i) to bring or require the other party to bring an individual action in small claims court (a “Small Claims Action”) as set forth in the Small Claims Action section below; (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”); and (iii) to bring an action seeking only injunctive relief.

Small claims action

If either party contends that the amount of a claim in a Dispute is within the jurisdiction of the small claims court (or an equivalent court), it may instruct the arbitration administrator to administratively close the arbitration case, prior to payment of fees, and direct that the claim be filed, if at all, in small claims court. Upon such a request by a party, the arbitration provider shall administratively close the arbitration proceeding. Any dispute about whether a claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the small claims court lacks jurisdiction over the action. Only in the event that the small claims court determines that it lacks jurisdiction over the Dispute may the arbitration provider reopen the arbitration case. You and we acknowledge that failure to comply with the provisions of this section would irreparably harm the party requesting administrative closure of the arbitration proceeding, and you and Amp Street agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this section are resolved by the court. You and we do not have to arbitrate a small claim that is filed in small claims court, but if that claim is transferred, removed, or appealed to a different court, you or we may elect to compel arbitration. Moreover, if you or we bring any counterclaim or cross-claim that is for more than the small claims court’s jurisdiction, you or we can elect to have the entire claim (including the counterclaim or cross-claim) resolved by arbitration.

Opt out of arbitration

You may opt out of the binding arbitration described in this section by sending Amp Street written notice of your desire to do so by e-mail at legal@ampstreet.com or regular mail at Attn: Amp Street, LLC, Amp Street, LLC, 2025 Guadalupe Street, Suite 260, Austin, Texas 78705 within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). This written notice must be signed by you, and not any attorney, agent, or other representative of yours. Amp Street may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. If you don’t provide Amp Street with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to a Small Claims Action, IP Protection Action, or to bring an action seeking only injunctive relief, as expressly set forth above.

Judicial forum for Disputes

In the event that (i) you or we bring an IP Protection Action; (ii) you timely provide Amp Street with an Arbitration Opt-out Notice; or (iii) this “Dispute resolution by binding arbitration” section is found not to apply, the exclusive jurisdiction and venue of any Dispute will be the state and federal courts located in the Travis County, Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You and we both further agree to waive our right to a jury trial.

WAIVER OF RIGHT TO LITIGATE

Unless you timely provide Amp Street with an Arbitration Opt-out Notice, YOU ACKNOWLEDGE AND AGREE THAT YOU AND AMP STREET ARE EACH WAIVING THE RIGHT TO LITIGATE A DISPUTE THROUGH A COURT BEFORE A JUDGE OR JURY. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

Mass Action waiver

The parties expressly waive the right to have any Dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or Amp Street are represented by a law firm or collection of law firms that has filed fifty (50) or more arbitration demands of a substantially similar nature against the other party (or against any Amp Street Representative) within one hundred and eighty (180) days of the arbitration demand filed on your or Amp Street’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in these Terms or this arbitration provision, this Mass Action waiver does not prevent you or Amp Street from participating in a mass settlement of claims.

Notwithstanding any provision to the contrary in the applicable arbitration provider’s rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action waiver. For purposes of adjudicating whether a party has violated the Mass Action waiver, the JAMS Mass Arbitration Procedures & Guidelines shall apply. Either party shall raise with the arbitrator or arbitration provider such a dispute within fifteen (15) days of its arising. If such a Dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three (3) arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action waiver. Each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; (ii) Amp Street shall pay any administrative fees or costs incidental to the appointment of arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator or panel of arbitrators determines that you have violated the Mass Action waiver, the parties shall have the opportunity to opt out of arbitration within thirty (30) days of the arbitrator’s or panel of arbitrator’s decision by following the opt-out procedure described above. For the avoidance of doubt, this ability to opt out of arbitration only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action waiver.

NO CLASS ACTIONS

NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated legal entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. If this specific paragraph is held unenforceable in its entirety, then the entirety of this “Dispute resolution by binding arbitration” section will be deemed void. Except as provided in the preceding sentence, this “Dispute resolution by binding arbitration” section will survive any termination of these Terms.

Arbitration rules

The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Arbitration Rules and Procedures then in effect (“JAMS Rules”), except as modified by this “Dispute resolution by binding arbitration” section. In the case of a conflict between the rules and policies of the administrator and this “Dispute resolution by binding arbitration” section, this “Dispute resolution by binding arbitration” section shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. (JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/) In the event that the Mass Action Waiver set forth above is deemed invalid or otherwise unenforceable, arbitration shall be in accordance with the JAMS Mass Arbitration Procedures & Guidelines. The Federal Arbitration Act will govern the interpretation and enforcement of this “Dispute resolution by binding arbitration” section.

Arbitration process

A party who desires to initiate arbitration must provide all other parties with a written demand for arbitration as described in JAMS Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from JAMS’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the demand for arbitration, then JAMS will appoint the arbitrator in accordance with JAMS Rules. No party may initiate arbitration, however, unless that party has completed the initial dispute resolution process set forth above.

Arbitration location and procedure

Unless all parties to an arbitration otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by JAMS Rules. Subject to JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s decision

The arbitrator will render an award within the time frame specified in JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees

Each party shall pay its own arbitration fees in accordance with JAMS Rules. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

Appeals

Notwithstanding any language to the contrary in these Terms, the parties hereby agree that (i) that the initial arbitration award (the “Underlying Award”) may be appealed pursuant to JAMS’s Appeal Procedures (“Appeal Procedures”); (ii) the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and (iii) the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appeal Procedures has expired. Appeals must be initiated within fourteen (14) days of the award becoming final, as set forth in the Appeal Procedures. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.

Survival, conflict, severance

This arbitration provision will survive the termination of any agreement you have with Amp Street and any bankruptcy. In the event of any conflict or inconsistency between this arbitration provision, on the one hand, and the administrator’s rules or these Terms, on the other hand, this arbitration provision will govern. If any part of this arbitration provision is found to be invalid or unenforceable, then that specific part shall be severed, and the rest of this arbitration provision will continue in full force and effect, except that at either your or our election the entire arbitration provision (other than this sentence) may be null and void with respect to any claim asserted on a class, representative or multiple-party basis that does not seek public injunctive relief if the “No Class Actions” or “Mass Action waiver” provisions are held to be invalid with respect to such claim and that determination becomes final after all appeals have been exhausted. If a court decides by means of a final decision, not subject to any further appeal or recourse, that the “No Class Actions” or “Mass Action waiver” provisions are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts. All other disputes shall be arbitrated or litigated in small claims court.

Changes

Notwithstanding the provisions of the “General Information” section below, if Amp Street changes this “Dispute resolution by binding arbitration” section (including but not limited to amending, supplementing, or removing any provision herein) after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by e-mail to legal@ampstreet.com) within thirty (30) days of the date such change became effective, as indicated in the “Last updated” date below or in the date of Amp Street’s e-mail to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Amp Street in accordance with the provisions of this “Dispute resolution by binding arbitration” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). By not rejecting any change as set forth in this section, you will be bound by the changed Dispute resolution by binding arbitration provision for all Disputes whether they accrued or were asserted before or after the effective date of the change.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the state of Texas. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Travis County, Texas.

19. General Information

These Terms may be amended from time to time without notice in AMP Street’s sole discretion. Any changes to these Terms will be effective immediately upon the posting of the revised Terms of Service on this website. The Terms, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and AMP Street and govern your use of the Services, including this website, and supersede any prior version of these Terms between you and AMP Street with respect to the Services. You agree that no agency relationship is created between you and AMP Street as a result of these Terms or your access to and/or use of the Services. The failure of AMP Street to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Our third-party partners included in Amp Street Parties are third-party beneficiaries to the applicable sections of these Terms. No provision of these Terms provides any other person or entity not a party to these Terms with any remedy, claim, liability, reimbursement, or cause of action or creates any other third-party beneficiary rights. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require.

20. Contact Us

If you have any questions or wish to advise Amp Street of any errors or concerns, please contact us at support@ampstreet.com.

Last updated: March 12, 2025