PLEASE READ THIS END USER AGREEMENT CAREFULLY. THIS END USER
AGREEMENT (“AGREEMENT”) GOVERNS YOUR USE OF AMPED MARKETING
SERVICES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (“AMPED”)
SOFTWARE, ASSOCIATED UPGRADES AND UPDATES, AND RELATED SERVICES
(THE “SERVICES”). BY ACCEPTING AN ORDERING DOCUMENT OR CLICKING
“CONFIRM PURCHASE”  or  "TWO WEEK TRIAL" OR BY OTHERWISE ACCESSING, DOWNLOADING,
INSTALLING OR OTHERWISE USING ANY OF THE SERVICES, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, DO NOT ACCESS, DOWNLOAD, INSTALL, OR
OTHERWISE USE ANY OF THE SERVICES.
Definitions.
1. “Confidential Information” means any information, maintained in confidence by
the disclosing party, communicated in written or oral form, marked as proprietary
confidential or otherwise so identified, and/or any information that by its form,
nature, content or mode of transmission would to a reasonable recipient be
deemed confidential or proprietary.
2. “Company” means your employer entity which entered into a master agreement
with AMPED.
3. “Ordering Document” shall mean an order form, purchase order, or statement of
work by and between Company and AMPED delineating the specific Services.
4. “Program” shall mean registration and consent for the access and use certain
features of the Services.
5. “Privacy Policy” shall mean the privacy statement available at
https://www.ampedmktg.com/.
6. “Term” shall mean the Services period of time as set forth in the Ordering
Document.
7. “Third Party Services” means any third-party person or entity that provides
services to you or Company, separately from AMPED, but in connection with the
Services, including without limitation social media platforms.
8. “You” or “yours” shall mean the undersigned party.
Access; Right to Use.

Subject to the terms and conditions of this Agreement, AMPED grants you a limited,
non-exclusive, non-transferable right to use the Services, during the Term of this
Agreement. Before using the Services, you must create an account.  You agree to:
(a) provide true, accurate, current, and complete information as prompted by the
registration form; and (b) maintain and update such information to keep it true, accurate,
current, and complete at all times.  You authorize us to use any information you provide
us to verify your antecedents.  You are responsible for maintaining the confidentiality of
your account user name and password.  You agree to (a) immediately notify us of any
unauthorized use of your password or account, or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.  You will be solely
responsible for safeguarding your password and also for any actions under your
password and account, whether authorized by you or not.
Restrictions.
You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market,
exploit the Services or any of its parts commercially, other than as specified herein (ii)
reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works
of the Services, in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”,
“script” or “macro” computer programs or other “cheat” or “hack” programs or software
applications for the Services; (iv) remove, alter, disable or circumvent any copyright and
trademark indications or other authorship and origin information, notices or labels
contained on or within the Services and (v) export or re-export the Services or any copy
of adaptation in violation of any applicable laws or regulations. While using the Services,
you agree to comply will all applicable laws, rules and regulations. You shall not, without
limitation: (a) create, use, share and/or publish by any means in relation to the Services
any material which would breach of a duty of confidentiality, infringe any intellectual
property right or an individual’s right to privacy or which would incite the committing of
an unlawful act; (b) modify, distort, block, abnormally burden, disrupt, slow down and/or
hinder the normal functioning of all or part of the Service, or their accessibility to other
users, or the functioning of the Services, or attempt to do any of the above; (c) transmit
or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar
destructive device or corrupted data in relation to the Services; (c) create, supply or use
alternative methods of using the Services; (d) spamming chat, whether for personal or
commercial purposes, by disrupting the flow of conversation with repeated postings of a
similar nature; (e)transmitting or communicating any material or content which is
believed or deemed offensive, including, but not limited to, language that is harmful,
threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually
explicit, or racially, ethnically, or otherwise objectionable; (f) harassing or threatening
any other users; or (g) access or use (or permit a third party to access or use) the
Services for any unlawful purpose or for any other benchmarking or competitive
purposes.
Third-Party Service.

As applicable, the Services require using Third-Party Services, some of which are
regulated by additional terms and conditions. Please review such additional terms and
conditions carefully. You shall not use the Services in violation of such applicable terms
and conditions. Your relationship with the applicable Third-Party Service provider is an
agreement between you and them. The Services may include functionality that allows
you to access or post content to Third Party Services platforms regarding your
information. Subject to all the applicable Third-Party Service’s terms and conditions and
privacy policies, you hereby grant us permission to access and use the information that
you make available through the Third-Party Service platform at issue. To manage the
information provided to us, please review the applicable privacy settings. Additionally,
you agree and acknowledge that the collection of any information and your participation
in the Program is for the sole benefit of the Company’s business. You will not sell,
transfer or assign any information that has been collected through the Services to any
third person or entity without AMPED, data subject, or Third-Party Service’s consent, as
applicable. WE MAKE NO REPRESENTATION AND WILL HAVE NO LIABILITY OR
OBLIGATION WHATSOEVER IN RELATION TO THE CONTENT OR USE OF, OR
CORRESPONDENCE, AGREEMENTS OR TRANSACTIONS WITH, ANY THIRD-
PARTY SERVICES. YOU MUST COMPLY WITH ALL AGREEMENTS AND OTHER
LEGAL REQUIREMENTS THAT APPLY TO THIRD-PARTY SERVICES. FOR
AVOIDANCE OF DOUBT, THE SERVICES ARE NOT ENDORSED BY LINEKDIN NOR
THEY FORM A PART OF LINKEDIN PRODUCTS.
Confidentiality
Recipient will hold in confidence and use no less than reasonable care to avoid
disclosure of any Confidential Information to any third party, except for its employees,
affiliates, and contractors who have a need to know (“Permitted
Recipients”). Recipient: (a) must ensure that its Permitted Recipients are subject to
written confidentiality obligations no less restrictive than the Recipient’s obligations
under this Agreement, and (b) is liable for any breach of this Section by its Permitted
Recipients. Such nondisclosure obligations will not apply to information that: (i) is known
by Recipient without confidentiality obligations; (ii) is or has become public knowledge
through no fault of Recipient; or (iii) is independently developed by Recipient. Recipient
may disclose Discloser’s Confidential Information if required under a regulation, law or
court order provided that Recipient provides prior notice to Discloser (to the extent
legally permissible) and reasonably cooperates, at Discloser’s expense, regarding
protective actions pursued by Discloser. Upon the reasonable request of Discloser,
Recipient will either return, delete or destroy all Confidential Information of Discloser
and certify the same.
Data Security.
AMPED takes the security of your information seriously. For additional information
about how AMPED will access, process and use data in connection with your use of the
Services in accordance with the Privacy Policy. 

Ownership.
Except where agreed in writing, nothing in this Agreement transfers ownership in, or
grants any license to, the Services or any AMPED intellectual property rights.  You
retain any ownership of your own content.  AMPED may use any feedback you provide
in connection with your use of the Services as part of its business operations. You are
solely responsible for your conduct, the content of your information and your
communications with others while using the Services.
Warranties; Disclaimer; Limitation of Liability.
Each party represents and warrants that it has full power and authority to enter into this
Agreement, and it has all adequate licenses or consents to grant the rights hereunder,
and to carry out its obligations hereunder. EXCEPT AS OTHERWISE PROVIDED
HEREUNDER, THE SERVICES ARE PROVIDED "AS IS" AND AMPED MAKES NO,
AND EXPRESSLY DISCLAIMS ANY, WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR OTHERWISE WITH
RESPECT TO THE SERVICES OR THE FUNCTIONALITY, NUMBER OF LEADS,
PERFORMANCE OR RESULTS OF USE THEREOF. AMPED SHALL NOT BE LIABLE
TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR
RIGHTS) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST
REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, ARISING OUT
OF THIS AGREEMENT, REGARDLESS OF WHETHER AMPED WAS ADVISED, HAD
OTHER REASON TO KNOW, OR KNEW OF THE POSSIBILITY THEREOF. IN ANY
EVENT, AMPED MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS
AGREEMENT, WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, TORT,
OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID AND PAYABLE BY
YOU HEREUNDER.

Governing Law.
This Agreement will be governed by the laws of State of California, excluding the
application of its conflict of law rules. This Agreement will not be governed by the United
Nations Convention on Contracts for the International Sale of Goods, the application of
which is expressly excluded.
General Provisions.
If any part of this Agreement is found void and unenforceable, it will not affect the
validity of the balance of the Agreement, which shall remain valid and enforceable
according to its terms. In the event of any conflict between the terms of the Ordering
Document, or the terms of the Agreement, the Agreement shall govern. You shall not
ship, transfer or export the Services into any country or use them in any manner

prohibited by the United States Export Administration Act or any other applicable export
control law, restriction or regulation. This Agreement may not be assigned by either
party without the prior written consent of the other party, which consent shall not be
unreasonably withheld, except no consent shall be required if either party assigns to an
affiliate or should it undergo a change of control. This Agreement shall be binding upon
and inure to the benefit of the successors and assignees. The termination of this
Agreement will not affect the survival and enforceability of any provisions of this
Agreement which are expressly or impliedly intended to remain in force after such
termination or expiration. AMPED will have no obligation to perform its obligations
hereunder to the extent and for the period that it is prevented from doing so by reason
of force majeure or any cause beyond its reasonable control. All notices, requests,
demands and other communications required or permitted under this Agreement shall
be deemed to have been delivered to a party at the address indicated in the Ordering
Document or set forth otherwise in writing (i) when actually received in the case of hand
delivery as evidenced by a signed receipt; (ii) the business day after being given to a
reputable overnight courier service, with a reliable system for tracking delivery, for
delivery the following day; (iii) when sent by confirmed e-mail with a copy sent by United
States mail within two (2) business days of the transmission; or (iv) upon receipt, when
mailed by United States mail, registered or certified mail, return receipt requested,
postage prepaid with copy sent via e-mail address provided (if applicable). This
Agreement sets forth the entire agreement between the parties hereto pertaining to the
subject matter hereof and terminates supersedes all prior agreements. The terms of the
Agreement may only be amended by mutual written agreement of the parties. Any
preprinted terms or conditions on any purchase order issued are null and void and will
not be binding upon AMPED unless specifically agreed to, in writing, by the parties
pursuant to this Agreement.