TERMS AND CONDITIONS OF USE AGREEMENT FOR EMPIRITAS™
PLEASE READ THE TERMS AND CONDITIONS OF USE AGREEMENT
CAREFULLY BEFORE USING THIS SITE. Empiritas, Inc. maintains this website (“Site”) as a service to our customers, and by using our Site you are agreeing to comply with and be bound by the Terms and Conditions of Use Agreement (“Agreement”). The terms “we,” “our,” “us,” “Empiritas™” and other similar pronouns refer to Empiritas, Inc. The term “you” refers to each individual user of this site and, if applicable to your use, your employer or firm. Please review the following terms and conditions carefully, and check them periodically for changes. We reserve the right, at our sole discretion, to modify the terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by this Agreement and our Privacy Policy. If you do not agree to be bound by this Agreement and the Privacy Policy, you should not use this Site.
PLEASE NOTE: REGISTRATION AND PARTICIPATION ON THE SITE IS RESTRICTED TO THOSE INDIVIDUALS OVER 18 YEARS OF AGE, EMANCIPATED MINORS, OR THOSE WHO POSSESS LEGAL PARENT OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES HEREIN.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Agreement with respect to the Site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Intellectual Property Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights unless otherwise noted. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited unless Empiritas™ gives you prior express written consent. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Scope and Accuracy of Information. In making this Site available, no client, advisory, fiduciary or professional relationship is implicated or established and neither Empiritas™ nor any other person is, in connection with this Site, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice. Neither this Site nor any content on or accessed through this Site shall be considered a substitute for the independent investigations and the sound technical and business judgment of the user of this Site and the user should consult with a professional advisor familiar with your particular factual situation for advice or service concerning specific matters.
Empiritas™ attempts to be as accurate as possible when describing our organization and services on the Site; however, to the extent permitted by applicable law, we do not warrant that the services or content available on the Site are accurate, complete, reliable, current or error-free.
4. Fraud: By submitting information on the Site, you confirm that the information provided in is true and that you agree to abide by the Agreement of this Site.
5. Limited Right to Use. Empiritas™ grants you a limited, revocable, and non-exclusive license to access and make personal use of the Site. Please note that you may not frame or utilize framing techniques to enclose the Site or any portion thereof without our prior written consent.
The limited license set forth herein does not include the right to: (i) copy, modify or download, other than as expressly permitted, the Site or its content (except caching or as necessary to view the content); (ii) make any use of the Site or its content other than for your personal informational purposes, and if applicable, for informational purposes for your employer or firm; (iii) create any derivative work based upon either the Site or its content; or (iv) use any meta tags or any other “hidden text” utilizing the name or Trademarks of Empiritas™ without our express written consent.
A website that links to our Site (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with Empiritas™; and (iv) may not link to any page of the Site other than the home page. Empiritas™ may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law.
6. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
7. Indemnification. You agree to indemnify, defend and hold Empiritas™ and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, damages, costs, claim and expense, including reasonable attorney’s fees, resulting from your use of the Site.
8. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
9. Disclaimer. EMPIRITAS™, INCLUDING WITHOUT LIMITATION THE RESPECTIVE DIRECTORS, PRINCIPALS, CORPORATE OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, TIMELINESS, SUITABILITY OR ANY OTHER ASPECT OF THIS SITE OR ANY CONTENT ON OR ACCESSED THROUGH THIS SITE FOR ANY PURPOSE, ALL OF WHICH IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. EMPIRITAS™ HEREBY DISCLAIMS ALL WARRANTIES AND OBLIGATIONS WITH REGARD TO THE SITE OR ANY CONTENT ON OR ACCESSED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND OBLIGATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, UNLESS AND TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. IN NO EVENT SHALL EMPIRITAS™, ITS DIRECTORS, PRINCIPALS, CORPORATE OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, (INCLUDING BUT NOT LIMITED TO LIABILITY FOR INTERRUPTION OF BUSINESS, LOSS OF USE, DATA OR PROFITS), WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY CONTENT ON OR ACCESSED THROUGH THIS SITE, OR ANY COPYING, DISPLAY OR OTHER USE THEREOF.
10. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
11. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
12. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. Please review the Empiritas™ Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices.
13. Payments. You represent and warrant that if you are purchasing something from us that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
14. Links to Other Web Sites. The Site may contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. Empiritas™ makes no representation or warranty regarding the accuracy, timeliness, suitability or any other aspect of the content located on such websites, and we do not monitor or endorse such websites or content.
15. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
Empiritas™ has no obligation to, and does not and cannot review, every item of material or information that you and users other than yourself make available through the Empiritas™ Site, and Empiritas™ is not responsible for any of this material or information. However, Empiritas™ reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you that it deems in its sole discretion, unacceptable, undesirable or in violation of any law.
16. Venue; Applicable Law. With respect to any dispute regarding the Site, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the state of Florida, as if the Agreement were a contract wholly entered into and wholly performed within Florida. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration before a single arbitrator in Fort Lauderdale, Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be administered by JAMS and governed by JAMS’ then prevailing rules. The arbitrator’s award shall be binding and may be entered as judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.