TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use were last updated on July 11, 2006
Acceptance of Terms through use
Third Party Sites
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Empire PRO ®, and you acknowledge that Empire PRO ® is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Empire PRO ® or any association with its operators. No rights to use or copy the information on the third party site are granted or implied.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Empire PRO ®. Permission is granted only when certain limited criteria are met.
User's Grant of Limited License
By posting or submitting content to this site, you:
grant Empire PRO ® and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Empire PRO ® will not infringe or violate the rights of any third party.
Procedure for making claims of Copyright Infringement
Introduction. We respect the intellectual property rights of others, and require that the people who use this Site do the same. If you believe that your work has been copied in a way that constitutes a copyright infringement, please follow the instructions in the following policy.
This policy is intended to implement the procedures described in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (DMCA) for the reporting of alleged copyright infringement. It is the policy of Empire PRO ® (“Company”) to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Company computing system are required to respect the legal protections provided by applicable copyright law.
Designated Agent. The Company’s Designated Agent to receive notification of alleged infringement under the DMCA is Raymond Khanian, 5675 Mansfield Way, Bell, CA 90201, (213) 748-5200, firstname.lastname@example.org. Upon receipt of notification of claimed infringement, Company will follow the procedures outlined herein and in the DMCA.
Complaint Notice Procedures for Copyright Owners. A notice of alleged copyright infringement to the Designated Agent must include the following:
A. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
D. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Failure to include all of the above information may result in a delay of the processing of the DMCA notification.
Notice and Takedown Procedure. It is expected that all users of any part of the Company computer system will comply with applicable copyright laws. However, if the Company is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity. Company will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Repeat Infringers. Under appropriate circumstances, the Company may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.
Accommodation of Standard Technical Measures. It is Company policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances (i.e. technical measures that are used by copyright owners to identify or protect copyrighted works).
Disclaimer of Warranties
BY USE OF THIS SITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT
YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, Empire PRO ®, ITS INDIRECT AND DIRECT PARENTS, AFFILIATES AND SUBSIDIARIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Empire PRO ®, ITS INDIRECT AND DIRECT PARENTS, AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTY THAT:
1. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE;
2. THIS SITE WILL MEET YOUR REQUIREMENTS;
3. THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS, OR OTHER HARMFUL COMPONENTS;
4. THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS
5. ANY ERRORS ON THIS SITE WILL BE CORRECTED; AND
6. THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THIS SITE ARE CORRECT, ACCURATE OR RELIABLE.
There are well-known risks involved in obtaining or using any products or services through the Internet. Empire PRO ® cautions you to take steps to understand the risks and the means available to avoid or lessen the risks before obtaining or using any such products or services.
ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT.
Limitation of Liability
IN NO EVENT WILL Empire PRO ®, NOR ITS INDIRECT AND DIRECT PARENTS, AFFILIATES AND SUBSIDIARIES BE LIABLE UNDER ANY CLAIM OR CIRCUMSTANCE (INCLUDING WITHOUT LIMITATION ANY CIRCUMSTANCE INVOLVING A FINDING THAT A WARRANTY OR CONDITION OR REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE), WHETHER THE CLAIM SOUNDS IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR MISREPRESENTATION, BREACH OF STATUTORY DUTY, OR OTHER EQUITABLE OR LEGAL THEORY, FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY SUCH SITES, INCLUDING DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS DAMAGES FOR LOST PROFITS OR REVENUE, LOST DATA, LOST SALES, LOST GOODWILL OR LOSS OF USE OF A PRODUCT, EVEN IF Empire PRO ® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the generality of the foregoing, in no event will Empire PRO ® nor its indirect and direct parents, affiliates and subsidiaries be liable for any direct, indirect, incidental or consequential damages that are caused by or result from:
2. Viruses, worms, Trojan horses and other forms of harmful code, which are not detected or removed using Empire PRO ® standard virus-detection procedures;
3. Criminal acts, public authorities acting with actual or apparent authority, authority of law, national or local disruptions in electronic and transportation networks, failures of internet services providers, weather phenomena, natural disasters, and disruption or failure of communication and information systems;
4. Loss, corruption or loss of access of your personal information;
5. Your failure to provide an accurate shipping address or other information that you are asked to provide in connection with the provision of services;
6. Acts, defaults or omissions of any person or entity other than Empire PRO ®;
7. Empire PRO ® compliance with verbal or written instructions from you or Empire PRO ® failure to honor special instructions not explicitly provided for on the Site;
8. Your mistake when inputting an electronic instruction;
9. If you fail to log off when you leave your computer or electronic device and someone else accesses your account or any service;
10. If, for any reason, you cannot access your account or any service through your computer or electronic device or the services on this Site do not function; or
11. For any harm or loss to your computer or electronic device or to any records or data contained therein.
SOME JURISDICTIONS DO NOT ALLOW FOR SOME OR ALL OF THESE LIMITATIONS FOR CONSUMER TRANSACTIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Login Names and Passwords
Empire PRO ® may from time to time allow access to the Site or any portion thereof by use of a unique login name and password. The use of a password does not restrict access by Empire PRO ® and its service providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Empire PRO ® representative. Also, passwords should be non-obvious, hard-to-guess, confidential and changed on a regular basis (for your own protection). You must log-out at the end of each session.
Empire PRO ® is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must respond promptly to all email and other correspondence from Empire PRO ®, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Site.
The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk.
You agree to defend, indemnify and hold Empire PRO ® harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys fees arising from or related to your use of this site.
Empire PRO ® Corporation makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Consent to Jurisdiction
Empire PRO ® is a registered trademark and may not be used without the written permission of Empire PRO ®. All product and service marks contained herein that are not Empire PRO ® marks are the trademarks of their respective owners.
Severability and Integration
Successors and Assigns
When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Site. This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Empire PRO ® reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.