Terms of Service

Date of Last Revision: December 7, 2016

The following terms and conditions govern all use of the EMPWR.us website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, EMPWR.us’s Privacy Policy) and procedures that may be published from time to time on this Site by EMPWR.us (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by EMPWR.us, acceptance is expressly limited to these terms.

The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.

Your EMPWR.us Account and Site

If you create content on the Website, you are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and EMPWR.us may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause EMPWR.us liability. You must immediately notify EMPWR.us of any unauthorized uses of your account or any other breaches of security. EMPWR.us will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the User Guidelines.

By submitting Content to EMPWR.us for inclusion, you grant EMPWR.us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your content. This license allows EMPWR.us to make publicly-posted content available to third parties selected by EMPWR.us so that these third parties can analyze and distribute (but not publicly display) your content through their services.

You also give other EMPWR.us users permission to share your Content on other EMPWR.us articles and add their own Content to it, so long as they use only a portion of your post and they give you credit as the original author by linking back to your site.

If you delete Content, EMPWR.us will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, EMPWR.us has the right (though not the obligation) to, in EMPWR.us’s sole discretion (i) refuse or remove any content that, in EMPWR.us’s reasonable opinion, violates any EMPWR.us policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in EMPWR.us’s sole discretion. EMPWR.us will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors

EMPWR.us has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, EMPWR.us does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. EMPWR.us disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which EMPWR.us links, and that link to EMPWR.us. EMPWR.us does not have any control over those 3rd party websites and webpages, and is not responsible for their contents or their use. By linking to a 3rd party website or webpage, EMPWR.us does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. EMPWR.us disclaims any responsibility for any harm resulting from your use of 3rd party websites and webpages.

Copyright Infringement and DMCA Policy

As EMPWR.us asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by EMPWR.us violates your copyright, you are encouraged to notify EMPWR.us in accordance with EMPWR.us’s Digital Millennium Copyright Act (“DMCA”) Policy. EMPWR.us will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. EMPWR.us will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of EMPWR.us or others.

Intellectual Property

This Agreement does not transfer from EMPWR.us to you any EMPWR.us or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with EMPWR.us. The EMPWR.us logo, and all other trademarks, service marks, graphics and logos used in connection with EMPWR.us are trademarks or registered trademarks of EMPWR.us. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any EMPWR.us or third-party trademarks.

Advertisements

EMPWR.us reserves the right to display advertisements on your content.

Changes

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using EMPWR.us within the designated notice period. Your continued use of EMPWR.us will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

EMPWR.us may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your EMPWR.us account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. EMPWR.us and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither EMPWR.us nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.

Limitation of Liability

In no event will EMPWR.us, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to EMPWR.us under this agreement during the twelve (12) month period prior to the cause of action. EMPWR.us shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the EMPWR.us Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless EMPWR.us, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Translation

These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Miscellaneous

This Agreement constitutes the entire agreement between EMPWR.us and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of EMPWR.us, or by the posting by EMPWR.us of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Utah, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Salt Lake City, Utah. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Salt Lake City, Utah, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; EMPWR.us may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.