Terms of Use

Last updated:  May 01, 2020

The following Terms of Use is a legal contract between you, an individual subscriber, customer, or user (“you” or “your”), and emPower Solutions Inc. (referred to herein as “emPower”, “we”, “us”, “our” and “ours”) regarding your use of the Website and all their subdomains.

By accessing and using the Website and its services (the “Service”) you are agreeing to be legally bound by these Terms of Use, which sets forth the terms and governs your use of the Services. If you do not wish to be bound by this Terms of Use, you are not authorized to use emPower Services.

Please read carefully the following Terms of Use. By registering for, accessing, browsing or using our Services, you acknowledge that you have read, understood, and agree to be bound by the following Terms of Use, including any additional guidelines (as defined below) and future modifications (collectively, the “terms”).

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

You must be at least 18 years of age to use our Services. By using our Services and by agreeing to these Terms of Use, you affirm that you are more than 18 years of age.

General

We may change these Terms of Use from time to time so please be sure to check back periodically. Your use of our Services after any changes have been posted will constitute your agreement to the modified Terms of Use. You understand and agree we may discontinue or change the Website and/or the Service at any time, without notice. You also understand and agree that we may discontinue or restrict your use of the Services for any reason without notice and without any liability to you. In addition, when using the Website or its services, you shall be subject to any posted guidelines or rules applicable to the Service, which may be posted from time to time and which are hereby incorporated by reference into these Terms of Use.

Access & General Conduct

emPower will provide all its Services to you and any other users authorized by you in accordance with the relevant order (if any). You can use the Services according to these Terms of Use and only for the duration of the term of your subscription.

At all times when using emPower Services you represent, warrant and undertake that you will not:

1. Use our Services in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
2. Use our services to transmit or send unsolicited commercial communications.
3. Publish, post, upload, store, distribute or disseminate any content that is false or misleading or might constitute a criminal or civil offence.

Intellectual Property

Unless otherwise indicated, all content displayed on the Website, including limitation any pictures, logos, images, and text is the property of the Website or its licensors, and is protected by copyright, trademark, and the intellectual property laws. Such content may be used only for the internal business purposes of the organization of which you are a representative. By accessing our Services, you agree not to reproduce, retransmit, distribute, disseminate, display, sell, publish, broadcast or circulate the Website’s content – to anyone, except that you may occasionally reproduce, distribute, display or transmit an insubstantial portion of the Website’s content, for a noncommercial purpose, to a limited number of individuals, provided you use the phrase “Used with permission from emPower.” All rights not expressly granted herein are hereby reserved. This can be done only with written permission from emPower.

emPower does not claim ownership of the content you submit or make available for inclusion on the Website or its services. The content is the property of the author of such content. You agree to grant emPower a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sub-license, create derivative works from, transfer, and sell such content in any format now or hereafter created, and to use your name and other identifying information you provide in connection with that content.

emPower may provide, or third parties may provide, links to other Internet videos, websites or resources. Because emPower has no control over such sites and resources, you acknowledge and agree that emPower is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that emPower shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

If you believe in good faith that any content infringes your copyright, you may send us a notice requesting that the material be removed though we cannot guarantee that any action will be taken as a result of your correspondence. Notices should be sent to emPower Solutions Inc., 12806, Townepark Way, Louisville, KY 40243.

Accounts

emPower products and services are available to all users, including individual users and organizations. It is not available to users who have been suspended or removed from the Website.

emPower will provide you with an account in order to use our services. You may then choose an account name that is not already in use by another customer. End Users are fully responsible for all activities performed through or on their account. In consideration of your use of our Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form and (b) maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or emPower has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, emPower has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You agree that accounts may not be shared by more than one person unless express authorization is given by emPower.

If you have s reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password, if applicable), then – you agree to notify emPower immediately. emPower is not liable for any losses due to such a situation.

Notwithstanding the foregoing, you acknowledge that emPower cannot guarantee the accuracy of any information submitted by any user and emPower is not obligated to verify the identity of any user, including any user’s claim to be a parent member.

Fees & Payment Terms

You can always find the details of fee payable by contacting us.

Payments

By starting your subscription, you are expressly agreeing that we are authorized to charge you the fee on the terms set forth on the Order. You agree that we are authorized to charge you the membership fee at the then-current rate to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method.

Miscellaneous

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

You agree to indemnify and hold emPower, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

You agree to comply with all local rules regarding online conduct and acceptable content in the country of your residence or where you are using emPower.

Disclaimer of warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMPOWER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EMPOWER MAKES NO WARRANTY OR GUARANTEE THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL, RECORDED OR WRITTEN, OBTAINED BY YOU FROM EMPOWER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Disputes; Mediation, Arbitration

In the case of any dispute between the user and emPower relating to this Agreement or terms, the user and emPower shall attempt to resolve the dispute through good faith discussions. If unable to reach an agreement on the matter within ninety (90) days, then either the user or emPower may upon written notice to the other party submit the dispute to non-binding mediation prior to any lawsuit being filed. Venue of any such lawsuit shall be decided by emPower or its parent company. emPower reserves the right to choose the venue in US or any other country.

Force Majeure

emPower shall not be liable for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment or any consequence thereof caused or occasioned by, or due to, fire, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, act or omission of third parties. emPower however shall use reasonable efforts under the circumstances to avoid or remove such causes for non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or cease.

Severability

If any one or more of the provisions contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired thereby, unless the absence of the invalidated provision(s) adversely affects the substantive rights of the parties. The user and emPower shall in such an instance use commercially reasonable efforts to replace the invalid, illegal or unenforceable provision(s) with valid, legal and enforceable provision(s) which, insofar as practical, implement the purposes of this Agreement.

Notices

All notices or other communications which are required or permitted under this Agreement shall be in writing and shall be sufficient if delivered personally, sent by nationally-recognized overnight courier requiring a signature upon delivery, or sent by registered or certified United States mail, postage prepaid, return receipt requested, addressed as follows: emPower Solutions Inc., 12806, Townepark Way, Louisville, KY 40243. emPower is not responsible or liable for loss of any such notices.

Limitation of Liability and Indemnification

You agree that emPower shall in no event be liable for any loss, expense or damage for loss of revenue, profits, savings, business or goodwill on account of the use, nonuse, or interruption in the provision of the Services. User recognizes that emPower is not responsible for how the Services are used by the user.