THE AMBER BOOK
 TERMS OF USE

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

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

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

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

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

WHAT WE DO

The Amber Book is a resource through which you may obtain information and materials in preparation for either the ARE Building Systems Exam or for building technology, generally. It provides an online download services and materials primarily consisting of instructional videos, video books, seminars and written materials for use by individuals who are preparing for the ARE Building Systems Exam. Specifically, the Sites, services, and Products help you identify problem areas and other issues commonly encountered on the ARE Building Systems Exam and in design in an effort to prepare you for optimum performance. Services, Products and any other information available through the Sites do not guarantee any particular result and are meant only to be informational tools to assist in your preparation and study for the ARE Building Systems Exam and for design. The Amber Book is not affiliated with any commercial test preparation course or entity and provides materials for study preparation assistance only. Communications between you and The Amber Book are protected by our privacy policy, provided below.

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

PRIVACY POLICY

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

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

AFFILIATE LINKS

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

INTELLECTUAL PROPERTY LICENSE

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

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

So long as you comply with this Terms of Use and during the Term of your use of the Products and services as otherwise provided for by The Amber Book, The Amber Book grants you a non- exclusive, non-transferable license to view, and use the Products you purchase solely for your personal use and solely as directed on the Site, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

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

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

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

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

The Amber Book will, at your request, apply a one-time only one week extension after a prior purchase.

CONTACT

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

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.

NO WARRANTIES

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

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

LIMITATION OF LIABILITY AND INDEMNIFICATION

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

GOVERNING LAW; VENUE

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

Any questions regarding the above Terms may be directed to: ermann@arebuildingsystems.com

All rights reserved © Copyright 2015. Ermann Associates, LLC.

 

PRIVACY POLICY

Ermann Associates, LLC, doing business as The Amber Book (“The Amber Book”, “we”, or “us”) is sensitive to concerns that personal information collected from its customers (“you” or “your”) be handled respectfully and appropriately. This Privacy Policy (the “Policy”) discloses the privacy practices for The Amber Book and applies solely to information collected by the website at https://amber-book.com/ including any related domains and subdomains (the “Sites”). This Policy is intended to notify you of the following:

What personally identifiable information The Amber Book collects from you through the Sites, how it is used and with whom it may be shared.

What choices are available to you regarding the use of your data.

The security procedures in place to protect the misuse of your information.

How you can correct any inaccuracies in the information.

What Information Is Collected?

Internet Traffic Data

Internet traffic data includes but is not limited to internet service provider information, collection of IP addresses, entry and exit pages, various operating systems and other such information. We collect no personally identifying information through this process, and it is used to help analyze user traffic with respect to various services available through The Amber Book to allow for a more customized and enjoyable user experience.

Cookies

We use “cookies” on these Site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you do not have to log in a password more than once, thereby saving time and improving efficiency while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our Sites. 
Personal Information 
The Amber Book must collect some information from you (“Identifier Information”) to allow you to use and access services, products and materials. Identifier Information is only collected by your personally providing such information to The Amber Book via e-mail, by phone, or otherwise through The Amber Book website pursuant to making a purchase or requesting service.

Testimonials

The Amber Book may display personal testimonials of yours from time to time received via email or as otherwise received from you by The Amber Book. We always do this only after asking your permission. By accepting the Terms of Use, which incorporate this Privacy Policy you give The Amber Book specific consent to use such personal testimonial. If you would like The amber Book to remove your testimonial or customer review at any time, please simply contact us at Online@arebuildingsystem.com, and we will promptly do so.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on the Sites. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell, rent or otherwise share this information with any other individual or business entity, except as reasonably necessary to provide products, materials, or services to you.

We will use your information to respond to you, and will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us or request that we discontinue sending of email and other communications at any by contacting us at online@arebuildingsystems.com.

Security

We take precautions to protect your information. When you submit sensitive information via the Sites, your information is protected both online and offline.

Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information.

Registration

In order to use these Sites, a user may complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest.

Orders

We request information from you on our order form. To buy from us, you must provide contact information (such as your name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Third Parties

Please be aware that some of our business partners may use cookies or other methods of tracking and targeting use on our site (Paypal, for example). However, we have no access to or control over these cookies and this Privacy Policy does not extend to such third parties. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects Identifier Information.

Surveys & Contests

From time-to-time our site may request information via surveys. Participation in these surveys is completely voluntary and you may choose whether or not to participate and therefore whether or not to disclose information sought by such surveys or contests. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Updates
Our Privacy Policy may change from time to time and all updates will be posted on this page.
If have any questions about this Privacy Policy, you may contact us via email at online@arebuildingsystems.com.

© Copyright 2015. Ermann Associates, LLC.