Terms of Service

Revised: 11/17/2018

Welcome to the Empowerly website. The following Terms of Service apply when you view or use our websites at empowerly.com or any associated subdomains such as my.empowerly.com or blog.empowerly.com. Please review the following terms carefully. By accessing or using the website, you signify your agreement to these Terms of Service. If you do not agree to these Terms of Service, you may not access or use our website.

DEFINITIONS

In this document:

1. "Website", "Empowerly Sites", or "Site" means www.empowerly.com and associated subdomains including my.empowerly.com and blog.empowerly.com

2. "Customer", "Client", "You", or "Yours" means and refers to you and / or any other person accessing or interacting with the website on your behalf.

3. "Empowerly", "Company", "We" or "Our" means and refers to Empowerly, Inc.

4. "Services" refers to any services, products, features, or content offered for free or for purchase through the Empowerly Sites

5. "User Content" means any user-supplied content on the Website including but not limited to comments, essays, survey responses, or meeting notes submitted to the website by you or a third party.

PRIVACY POLICY

Empowerly respects the privacy of website users. Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the website, you signify your agreement to this Privacy Policy. If you do not consent to the terms of the Privacy Policy, you may not access or use the Empowerly Sites.

ACCOUNT REGISTRATION AND TERMINATION

Empowerly provides a variety of services, both online and offline, designed to improve the overall academic experience of our users. Access to some of these services may require you to have an account. Users purchasing services requiring an account will have their account created by Empowerly. You may only have one Empowerly account for use of the Services; you may not use more than one account, and you may not share your account or any of the Services with others. All information you provide to to Empowerly must be accurate and complete in order for us to create an account. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate.

When your account is created, you will receive a confirmation email prompting you to set your password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify Empowerly immediately if you suspect any unauthorized use of your account or access to your password.

Empowerly has the right to terminate your account for any reason at our sole discretion with or without notice to you. If termination of your account limits your ability to access any purchased Services, refunds will be issued according to the terms in the contract for those Services, provided that your account was not terminated for a violation of these Terms. You may close your account via written request here. Unless otherwise laid out in the contract for those services, refunds will not be issued for unused or inaccessible Services due to such a request.

AGE AND RESIDENCE REQUIREMENTS; U.S. JURISDICTION

The Services are available to individuals age 13 and over. If you are between the ages of 13 and the age of majority where you live, you must review these Terms of Service with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. All financial transactions will be processed in U.S. dollars. The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Empowerly to any registration requirement within such jurisdiction or country. By using this site, you certify that you are not on any list of restricted persons with whom it is unlawful for a U.S. company to do business. Empowerly operates the majority of its Services in the United States. Empowerly makes no representations or warranties that the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

USE RESTRICTIONS

Your permission to use the website is conditioned upon the following Use Restrictions and Conduct Restrictions for noncommercial use only. You agree that you will not under any circumstances:

◦ post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

◦ use the website for any unlawful purpose or for the promotion of illegal activities;

◦ harass, abuse or harm another person or group, or attempt to do so;

◦ interfere or attempt to interfere with the proper functioning of the website;

◦ make any automated use of the website, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

◦ bypass any measures we take to restrict access to the website or use any software, technology, or device to scrape, spider, or crawl the website or harvest or manipulate data; or

◦ publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

◦ Publish, link, share, or otherwise distribute material that would violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any party

LINKS TO OTHER SITES AND/OR MATERIALS

On the website, Empowerly may provide you with links to third party website(s) as well as content or items belonging to or originating from third parties (collectively "Third Party Content"). Empowerly has no control over Third Party Content or the promotions, materials, information, goods or services available through such Third Party Content. Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Content accessed through the website or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by Empowerly. If you decide to leave the website and access the Third Party Content, you do so at your own risk and you should be aware that our terms and policies do not govern such use.

INTELLECTUAL PROPERTY

The website and associated services are owned and operated by Empowerly. Unless otherwise explicitly specified by Empowerly, all materials that are included in or otherwise a part of the website, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, and guides, as well as the selection, assembly and arrangement thereof and the "look and feel" of the Services (collectively, "Empowerly Content"), are owned, controlled, or licensed by Empowerly or Empowerly’s third party partners. Empowerly Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Any unauthorized use of Empowerly Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.

ACADEMIC INTEGRITY

We do not condone or knowingly take part in plagiarism or any other acts of fraud. Neither the company nor its employees / contractors shall be liable for any illegal, unethical, or otherwise wrongful use of the Essays or other content from our website. This includes rejection, rescindment, deferral, academic probation, loss of scholarships / titles / awards / prizes / grants / positions, lawsuits, suspension, or any other disciplinary or legal actions. You agree to abstain from improper, unethical, inappropriate and / or illegal use of the material and are solely responsible for any and all disciplinary actions arising from your use of the Website and Services.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE EMPOWERLY WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EMPOWERLY AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS AND THIRD PARTY LICENSORS OF CONTENT SOLD THROUGH EMPOWERLY (COLLECTIVELY THE "EMPOWERLY PARTIES") SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE EMPOWERLY WEBSITES OR THE SERVICES; (B) THE EMPOWERLY CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO EMPOWERLY OR VIA THE SERVICES. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE EMPOWERLY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, AND SYSTEM.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE EMPOWERLY PARTIES SPECIFICALLY DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMPOWERLY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICES, OR REGARDING THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON THE SERVICES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE EMPOWERLY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE EMPOWERLY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.

BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. THIS "DISCLAIMERS" SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH EMPOWERLY.

LIMITATIONS OF LIABILITY, WAIVER

IN NO EVENT SHALL THE EMPOWERLY PARTIES BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE SERVICES; (B) THE EMPOWERLY CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE EMPOWERLY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE EMPOWERLY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE EMPOWERLY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO EMPOWERLY IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE EMPOWERLY PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE EMPOWERLY PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE EMPOWERLY PARTIES, OR FOR THE EMPOWERLY PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH EMPOWERLY.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE EMPOWERLY PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER EMPOWERLY CONTENT OWNED OR CONTROLLED BY THE EMPOWERLY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER EMPOWERLY CONTENT OWNED OR CONTROLLED BY THE EMPOWERLY PARTIES.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNITY

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Empowerly Parties from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or directly or indirectly relating to (a) your User Content; (b) your use of the Services or activities in connection with the Services; (c) your breach or anticipatory breach of these Terms of Service; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Empowerly Parties' use of your information or User Content as permitted under these Terms of Service, the Privacy Policy, or any other written agreement between you and Empowerly. You will cooperate as fully required by the Empowerly Parties in the defense of any claim. The Empowerly Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Empowerly Parties. These indemnity obligations shall survive any expiration or termination of your relationship with Empowerly.

LEGAL DISPUTES

If a dispute arises between you and Empowerly, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the Terms of Service or the Website or your use of the Website (a "Claim") in accordance with the subsections below.

General. You and Empowerly agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof (collectively, "Disputes") will be settled by binding arbitration. You acknowledge and agree that you and Empowerly are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Empowerly otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

Arbitration Rules, Governing Law, Jurisdiction and Venue. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Section of these Terms of Service. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of Limitation of Liability section of these Terms of Service as to the types and the amounts of damages for which a party may be held liable. The prevailing party shall be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. This "Legal Disputes" section shall survive any expiration or termination of your relationship with Empowerly.

MODIFICATION

We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. The most recent version of these Terms may be found at https://my.empowerly.com/terms. It is your sole responsibility to check the website from time to time to view any such changes in the Terms. If you continue to use the website, you signify your agreement to our revisions to these Terms of Service. We will notify you of material changes to the terms, as determined at our sole discretion, by posting a prominent notice on our homepage. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

MISCELLANEOUS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Service and your use of the website are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY AT https://my.empowerly.com/privacy-policy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE COMPANY RELATING TO YOUR USE OF THE SITE.