Amber Terms & Conditions
NOTICE: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, AS DESCRIBED IN SECTION 13 BELOW, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
1. Purpose and Acceptance of Terms
These Terms of Use (“Terms”) govern your access to and use of the website located at www.amber.health (the “Site”), which is owned and operated by Borer Newman LLC, doing business as Amber Health (“Amber Health,” “Amber,” “we,” “us,” or “our”), together with any related content, programs, features, or functionality made available through the Site (collectively, the “Services”).
By accessing or using the Site or Services, you acknowledge that you have read, understood, and agree, without limitation or qualification, to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Site or Services.
These Terms apply to your use of the Site itself. If you or your organization engage Amber Health to provide Services, that engagement is governed by a separate Services Agreement (the “Services Agreements”). In the event of any conflict between these Terms and an applicable Services Agreement with respect to the provision of Services, the Services Agreement shall control.
2. Nature of Services
Amber Health provides non-clinical mental health wellness facilitation, education, personal and professional development, accountability, goal-setting, communication support, life-transition support, and related consulting services, principally for individuals and organizations in the music industry and adjacent sectors.
Some Amber Health personnel hold professional licenses, certifications, or credentials in behavioral health, mental health, medicine, or related disciplines (“Licensed Personnel”). Regardless of any such credentials, all Services made available through this Site or under any Services Agreement are provided solely in a non-clinical capacity. The Services are not intended to diagnose, assess, prevent, cure, mitigate, treat, manage, or provide clinical intervention for any mental, emotional, behavioral, physical, medical, substance use, relational, or other condition, disorder, illness, or disability. The Services do not include, and shall not be construed as including, medical, psychological, psychiatric, psychotherapeutic, counseling, social work, marriage and family therapy, professional clinical counseling, or any other licensed professional services.
No physician-patient, therapist-client, psychologist-client, counselor-client, clinical social worker-client, marriage and family therapist-client, or other licensed-professional relationship is created between you, Amber Health, or any Licensed Personnel by your access to or use of the Site or Services, or by any interaction with Licensed Personnel in connection with the Services.
Amber Health and its personnel may decline to provide, suspend, or discontinue Services to any individual if Amber Health reasonably determines that the individual's needs fall outside the non-clinical scope of the Services or may require evaluation, diagnosis, treatment, crisis intervention, or other licensed professional services. In such circumstances, Amber Health may recommend that the individual seek assistance from an appropriately licensed healthcare provider or other qualified professional.
3. Disclaimer; No Medical or Emergency Services
The information, content, and Services available through this Site are provided solely for general educational, informational, and consulting purposes. Nothing on this Site or provided through the Services constitutes medical advice, mental health advice, psychotherapy, clinical diagnosis, treatment recommendations, or any other form of professional healthcare, and nothing on this Site is intended to be a substitute for professional medical or mental health advice, diagnosis, or treatment.
You should always seek the advice of a physician, licensed therapist, or other qualified healthcare provider regarding any questions you may have about a medical or mental health condition. You should never disregard, avoid, or delay seeking professional medical or mental health advice because of information obtained through this Site or the Services.
Amber Health does not guarantee any particular outcome, result, or benefit from use of the Site or the Services.
Amber Health does not provide crisis counseling or emergency services and does not monitor the Site or any communications for emergencies. If you or someone you know is experiencing a medical or mental health emergency, call 911 (or your local emergency number) immediately, or go to the nearest emergency room. If you are located in the United States and are experiencing a mental health or suicidal crisis, you may also contact the 988 Suicide & Crisis Lifeline by calling or texting 988. If you are located outside the United States, please contact the emergency services number applicable in your location.
4. Research
Amber Health engages in research relating to mental health and wellbeing in the music industry, and the Site may reference or summarize findings, statistics, or insights from that research. Any such research, statistics, or findings are provided for general informational and educational purposes only. They reflect aggregated or generalized observations and are not clinical or diagnostic conclusions about any individual, and they are not a substitute for individualized assessment, advice, or treatment from a qualified healthcare provider. References to Amber Health's research on the Site do not expand, and shall not be construed to expand, the non-clinical scope of the Services described in Section 2.
5. International Use and Non-U.S. Participants
The Site is operated from the United States. In the course of engagements with Clients, Amber Health may provide Services to individuals located outside the United States, including, for example, touring musicians, crew, or other individuals. Amber Health does not represent that the Services, or the credentials of any Licensed Personnel, are licensed, authorized, or recognized under the law of any jurisdiction outside the United States, and nothing provided through the Site or the Services should be construed as the practice of medicine, nursing, psychology, counseling, or any other regulated profession in a jurisdiction where Amber Health or its personnel are not licensed or authorized to practice.
Where Services are provided to individuals located outside the United States, the non-clinical scope of the Services and the disclaimers set out in Sections 2 and 3 apply equally, regardless of location. As between Amber Health and a Client, the Client is responsible under the applicable Services Agreement for disclosing the jurisdictions in which its Participants are located and for not representing the Services as anything other than the non-clinical Services described in these Terms. Amber Health retains sole discretion to decline, limit, or discontinue Services in any jurisdiction where it determines that providing the Services would be inappropriate or inadvisable.
If you access the Site directly, and not in connection with a Client engagement, and you are located outside the United States, the Site is provided for general informational purposes only, and you are responsible for determining whether that general information is appropriate for use in your location.
6. Privacy Policy
Please review our Privacy Policy, which describes how we collect, use, and disclose information in connection with your use of the Site and Services, and which is incorporated into these Terms by reference. By accessing or using the Site or Services, you agree to the Privacy Policy.
7. License to Use the Site; Restrictions
Subject to your compliance with these Terms, Amber Health grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Site. This license does not include the right to, and you agree not to:
- • frame or use framing techniques to enclose the Site or any portion of it;
- • modify, download, or copy the Site or its content, except as necessary to view the Site for personal use;
- • create any derivative work based upon the Site or its content;
- • use any meta tags, “hidden text,” or our name or trademarks in a manner not expressly authorized by us;
- • use software robots, spiders, crawlers, or similar automated tools to access, scrape, or extract data from the Site;
- • interfere with, disrupt, or impose an unreasonable burden on the Site or its infrastructure;
- • gain or attempt to gain unauthorized access to the Site or any related systems or networks;
- • transmit any viruses, malware, or other harmful code; or
Any unauthorized use of the Site terminates the limited license granted in this Section, without prejudice to any other remedy available to Amber Health under applicable law or these Terms. You agree to use the Site in accordance with these Terms, applicable law, and any special instructions posted on the Site, and you may be liable for any losses or damages to Amber Health resulting from your breach of these Terms.
8. Links and Third-Party Resources
The Site may contain links to third-party websites, tools, products, or services (“Third-Party Resources”) that we believe may be useful or informative. These links are provided as a convenience and for informational purposes only, and their inclusion does not imply our endorsement.
We do not control, and are not responsible for, the content, accuracy, availability, or privacy practices of any Third-Party Resources. Accessing third-party content is at your own risk, and we encourage you to review the applicable terms and privacy policies before using any Third-Party Resource.
9. Intellectual Property
All content available on the Site, including text, graphics, logos, images, audio and video clips, curricula, methodologies, frameworks, and software, and the compilation thereof (collectively, the “Content”), together with all trademarks, service marks, and logos displayed on the Site (collectively, the “Trademarks”), are the property of Amber Health, its affiliates, partners, or licensors, and are protected by United States and international copyright and trademark laws.
Except as expressly permitted under Section 7 above or as required by applicable law, no Content or Trademark may be reproduced, distributed, publicly displayed, modified, or otherwise exploited, in whole or in part, without our prior written consent.
10. Electronic Communications
By using the Site or Services, you consent to receive communications from Amber Health electronically, including by email and through the Site. These communications may include administrative notices, program materials, scheduling information, and updates to these Terms or our Privacy Policy. Electronic communications satisfy any legal requirement that such communications be in writing.
11. Disclaimer of Warranties; Limitation of Liability
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMBER HEALTH AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND SERVICE PROVIDERS DISCLAIM LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING ANY RELIANCE ON INFORMATION PROVIDED THROUGH THE SITE, REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BASED AND EVEN IF AMBER HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in this Section is intended to, or shall, limit or exclude any liability that cannot be limited or excluded under applicable law.
12. Indemnification
You agree to defend, indemnify, and hold harmless Amber Health and its directors, officers, employees, agents, and affiliates from and against any claims, losses, damages, liabilities, and costs (including reasonable attorneys' fees) arising out of or relating to your use of the Site, your breach of these Terms, or your violation of any applicable law or third-party right.
13. Governing Law; Dispute Resolution; Arbitration
These Terms, and any dispute or claim arising out of or relating to them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
Except for disputes eligible for small claims court or claims for injunctive or other equitable relief, you and Amber Health agree that any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by binding arbitration administered by JAMS in Los Angeles, California, pursuant to its Comprehensive Arbitration Rules and Procedures then in effect, rather than in court. Amber Health will pay all arbitration costs, except that you may be responsible for a filing fee not to exceed the fee for filing an action in court. YOU AND AMBER HEALTH EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator has no authority to preside over any form of class or representative proceeding.
If you are accessing the Site or Services from outside the United States, the arbitration and class-action-waiver provisions in this Section apply only to the extent enforceable under the mandatory laws of your place of residence, and nothing in this Section is intended to limit or waive any non-waivable statutory rights you may have as a consumer under the law of your jurisdiction. If any part of this arbitration provision is found unenforceable as to you, the remainder of this Section shall continue to apply to the fullest extent permitted by law, and the unenforceable portion shall be resolved in a court of competent jurisdiction in Los Angeles County, California, unless applicable law requires otherwise.
14. Errors and Omissions
Amber Health makes reasonable efforts to ensure that information on the Site is accurate and current, but does not warrant that all Content is complete, accurate, reliable, or up to date. Content may contain errors or omissions and may change over time. Amber Health reserves the right to correct, update, or remove Content at any time without notice.
15. Enforcement and Termination
Amber Health reserves the right to investigate and take appropriate action against any user who violates these Terms, including suspending or terminating access to the Site without notice. Termination does not limit any other right or remedy available to Amber Health.
16. Modification of These Terms
Amber Health may modify these Terms at any time by posting updated Terms on the Site with a revised effective date. Your continued use of the Site following any such change constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
17. General
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Amber Health regarding your use of the Site, and supersede all prior agreements or communications on that subject. Nothing in these Terms creates any agency, partnership, or joint venture between you and Amber Health. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
18. Acknowledgement
By accessing or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.
19. Contact Information
Borer Newman LLC, dba Amber Health
2801 Ocean Park Boulevard #315
Santa Monica, CA 90405
Phone: 888-802-6237
Email: hello@amber.health
These Terms of Use were last updated on 9/15/26.
