Terms of Use

www.empower-interactive.com

Last Updated:  July 24, 2010

WELCOME TO EMPOWER-INTERACTIVE.COM WHICH IS OWNED AND OPERATED BY EMPOWER INTERACTIVE, INC. (“EMPOWER ” “WE,” “US,” OR “OUR”). PLEASE READ THESE TERMS OF USE (THESE “TERMS”) CAREFULLY. BY ACCESSING OR USING THE WEB SITE LOCATED AT EMPOWER-INTERACTIVE.COM (THE “SITE”) OR OUR SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU MAY NOT USE THE SITE OR THE SERVICES. WE SUGGEST YOU PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.

If you are using the Site or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and Empower for violations of these Terms. Nothing in these Terms will be deemed to confer any third party rights or benefits.

Medical Disclaimer

This Site, including all information, contents, materials, services and links contained herein is to be used for your informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should use your own judgment and common sense when using the Site, and you should always seek the advice of your physician or other qualified health provider with any questions you may have regarding a physical or mental condition.

If you think you may have a medical emergency, call 911 immediately. We do not make any guarantees, warranties or representations, implied or express, as to the appropriateness, timeliness, accuracy, completeness, usefulness or applicability of any of the information that is contained or referenced on our website.  The Site is provided on an “as-is” basis.  Your use of the Site is solely at your own risk. 

Updates to Terms

We reserve the right to change or modify any provisions of these Terms and any policies or guidelines governing your use of the Site and/or the Services, at any time in our sole discretion. Any such changes or modifications will be effective immediately upon posting of revisions on the Site. Your continued use of the Site or the Services following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Site in order to understand the terms and conditions applicable to your use of the Site and the Services. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Site, your sole recourse is to stop using the Site and the Services.

Privacy Policy

We believe strongly in user privacy. Please refer to Empower’s Privacy Policy (“Privacy Policy”) for information on our privacy practices. Your use of the Site signifies your acknowledgment of, and agreement to, the Privacy Policy. If you are a resident of any country outside the United States, you understand and agree that we will store and process your personal information on computers located in the United States, and that by providing any information to us, you consent to the transfer of such information to the United States.

Description of Services

Empower is a Site where you can research and seek techniques to assist with solving emotional challenges.

Third Party Sites and Content

We may host and provide links to products, services, Web pages, Web sites and other content of third parties (“Third Party Sites and Content”).  The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Web site or any information or content contained therein.  We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof.  Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk.  When you leave the Site, you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any Web site to which you navigate from the Site.

Registration Terms

You represent and warrant to Empower that:

  • All of your registration and account information is true, accurate and complete.
  • You will maintain the security of your password.
  • You accept all responsibility for all activity that occurs under your user name.
  • You are 13 years of age or older (if people between the ages of 13 and 18 wish to use the Site, they must be registered by their parent or guardian).

Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your account or suspension of your account.

Minors

In order to create an account, you must be 13 years of age or older.

Content Policy

Empower respects your rights and does not wish to censor any materials you may use in connection with the Site and/or the Services (the “Content”). Empower has established the rules set forth below with respect to Content. Please note that these rules do not create any third party rights or create any private right of action, but may be enforced by Empower in its sole discretion. Empower may review and/or remove any Content on (or available via) the Site, but Empower does not have the obligation to review or remove any Content on (or available via) the Site. The decision by Empower not to take action to enforce these rules in a particular instance will not be considered a waiver of any right to do so in the future or in other situations.

By using the Site and the Services, you acknowledge and agree that:

  • All Content that you posted on, transmitted through, or linked from the Site, is your sole responsibility.
  • Under no circumstances will Empower be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site.
  • If you post Content to the Site, unless we indicate otherwise, you grant Empower and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content solely in connection with: (i) providing and promoting the Site and/or the Services; and/or (ii) exercising the rights granted in these Terms.  You grant Empower and its affiliates and sublicensees the right (but, not the obligation) to use the name that you submit in connection with Content.
  • You may not upload, publish, post, distribute or disseminate any Content that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
  • You may not upload, publish, post, distribute or disseminate any Content that is otherwise deemed as pornographic and/or obscene by Empower. This includes, but is not limited to, commercial pornography, pedophilia, incest, bestiality, child pornography or anything similar that violates any applicable laws. Empower will report any evidence of child pornography along with all known user identification and information to the relevant law enforcement agencies.
  • You may not upload, publish, post, distribute or disseminate any Content that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity.
  • You may not upload, publish, post, distribute or disseminate any Content that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others.
  • You may not upload, publish, post, distribute or disseminate any Content that is protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents.
  • You may not upload, publish, post, distribute or disseminate any files that contain viruses, malware, malicious codes, corrupted files, or any other similar software or programs that may damage the operation of the Site.
  • You may not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content that is uploaded, downloaded, published, posted, distributed or disseminated.
  • You may not use the Site to harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • You may not upload, publish, post, distribute or disseminate any unauthorized private, confidential and personal information about others.
  • You may not upload, publish, post, distribute or disseminate any Content that is used for unlawful purposes or for the promotion of dangerous and illegal activities.
  • You may not use the Site or the Services in any manner that could damage, disable, overburden, impair the Site or the Services or interfere with any other user’s use and enjoyment of the Site or the Services.
  • Your use of the Site and all Content you posted on, transmitted through or linked from the Site is in compliance with the rules set forth in these Terms and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and users, or to ensure the integrity and operation of the Services, our business and our systems, we may access and disclose any information we consider necessary or appropriate, including, but not limited to, IP addresses and traffic information, usage history, and posted Content. Our right to disclose any such information will supersede any terms of the Privacy Policy.

Copyright

The Site and all content and other materials on the Site, including, but not limited to, the Empower effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the “Materials”) are our property or that of our licensors or users and are protected by United States and/or international copyright laws.

Trademark

Empower, the Empower logo and any other product or service name or slogan contained in the Site are trademarks of Empower and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Empower or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Empower” or any other name, trademark or product or service name of Empower without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Empower and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Limited License and Restrictions

We grant you a limited, non-sublicensable, non-exclusive and revocable license to access and make use of the Site and the Materials solely in accordance with, and subject to, these Terms and any other of our policies as posted on the Site. Except as otherwise expressly permitted by these Terms, you may not:
(i) collect, use, copy or distribute any portion of the Site or the Materials; (ii) resell, publicly perform or publicly display any portion of the Site or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Site or the Materials; (iv) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) use the Site in a manner which results in the depletion of Web site infrastructural resources; (vi) download (other than page caching) any portion of the Site, the Materials or any information contained therein; or (vii) use the Site or the Materials other than for their intended purposes.

Advertisements and Promotions; Third Party Products and Services

We may run advertisements and promotions from third parties on the Site or may otherwise provide information or links to third party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party.  We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information on the Site.

Disclaimer of Warranties

UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SITE, THE MATERIALS AND ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT THE SITE, THE MATERIALS OR ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE OR THE SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE, THE MATERIALS AND ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE; AND (IV) THAT THE SITE, THE MATERIALS AND ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAILS OF THEIR ESSENTIAL PURPOSE.

Limitation of Liability

IN NO EVENT WILL EMPOWER BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE MATERIALS AND ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE MATERIALS AND ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF THE SITE (NOT YOUR PAYMENT FOR ANY SERVICES OR PRODUCTS PROVIDED BY US). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification and Release

You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents, attorneys, advertisers and employees (collectively, the “Indemnified Parties”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against an Indemnified Party, whether successful or not, resulting from or arising in connection with: (i) your use of the Site, the Materials and/or the Services; (ii) your conduct; (iii) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); and/or (iii) any Content you upload to, posted on, created on, transmitted through or linked from the Site.

Termination

Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms (including, but not limited to, your right to use the Site and the Services) and to block or prevent your access to and use of the Site and the Services for any or no reason.

Electronic Communications

Notwithstanding any terms to the contrary in these Terms, Empower may choose to electronically deliver all communications with you, which may include: (i) email to your email address indicated in your communications with Empower or upon registration with the Site; or (ii) posting messages that are displayed to you when you log in to or access the Site. Empower ’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with Empower, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.

Notices and Procedure for Making Claims of Copyright Infringement

If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: Eve Phillips

Address of Designated Agent to Which Notification Should be Sent: 915 Augusta Dr., Moraga CA 94556

Telephone Number of Designated Agent: (415) 577-2659

Facsimile Number of Designated Agent: (415) 358-4211

E-Mail Address of Designated Agent: copyrightagent@empower-interactive.com

To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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 notification, a representative list of such works at that site;
  • 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 us to locate the material;
  • Information reasonably sufficient to permit us 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;
  • 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
  • A statement that the information in the notification 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.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Empower has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Empower , account holders who are deemed to be repeat infringers. Empower may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Miscellaneous

These Terms together with the Privacy Policy and any other documents linked to these Terms, are the entire agreement of the parties regarding the subject matter hereof, superseding all other agreements between them, whether oral or written, regarding the subject matter hereof. These Terms are made and will be governed by and construed in accordance with the laws of the State of California, excluding its choice of law principles to the contrary. You and Empower agree that the venue for any dispute, obligation or action of any kind arising under these Terms will be in the state or federal courts located in the County of Santa Clara, California, and the parties irrevocably consent to the exclusive jurisdiction of the state and federal courts of the State of California for any dispute, obligation or action hereunder and agree not to commence or prosecute any suit, proceeding or claim hereunder, except in such courts. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

Reports

If you believe there is a violation of these Terms and you would like to report it to us, please direct the information to terms@empower-interactive.com. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.