These terms and conditions (“Terms”) are a legal contract between you (either you as an individual or the entity or organization on whose behalf you are entering into these terms and conditions) and The Dot Net Factory, LLC dba EmpowerID (together with its affiliates, “EmpowerID”) for the access to and use of this website, www.EmpowerID.com, which includes text, media, documentation, pictures and other content (collectively, the “Website”). For purposes of these Terms, “affiliates,” includes all companies that are affiliated with EmpowerID by reason that these companies are owned by, or under the same common ownership as, EmpowerID. Affiliates shall also include the parent company of the group of which EmpowerID is a member. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, INDEMNITY AND LIMITATION OF LIABILITY PROVISIONS BELOW. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE, AND PLEASE EXIT THE WEBSITE NOW. YOUR USE OF ANY OTHER EMPOWERID SERVICES, INCLUDING THE FOLLOWING:
1. Information You Provide
2. Accessing the Website
When retrieving information from the Website, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction, navigation, or search tools, except for a normal browser as used by a natural person, (b) aggregating, copying or duplicating any of the materials or information available from the Website except for the small amount of materials and information temporarily required for an ordinary single use of the Website, (c) accessing data not intended for you or attempting to gain unauthorized access to, interfere with, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, (d) accessing the Website for the purpose of competing with EmpowerID or using the Website for purposes of benchmarking or other similar purposes, (e) using the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s user of the Website, or (f) attacking the Website via a denial-of-service attack or a distributed denial-of-service attack. By accessing the Website, you agree:
- You represent and warrant that you are legally entitled to enter into these Terms.
- You represent and warrant that you are at least 18 years old.
- You shall not allow any other person or entity to access or use your account.
- You shall comply with all state and local laws of each location in which you access the Website.
- You shall be solely responsible for all activity associated with your account, including any data, text, links, media or other content that you submit to EmpowerID via the Website (collectively, the “User Content”). Such User Content also includes any content you submit to EmpowerID via EmpowerID’s “Contact” form on the “Contact Us” page, or by emailing EmpowerID.
- You represent and warrant that all User Content that you may post to the Website shall be your wholly original material (except for material that you are using with the permission of its owner), and does not infringe or violate any copyright, trademark or other rights of any third party including any rights of privacy or publicity.
- You represent and warrant that all User Content that you may post to the Website does not contain any defamatory statements or contravene any contract, agreement or other arrangement nor the laws of any applicable jurisdiction.
- You shall be solely responsible for keeping a duplicate copy of all User Content; EmpowerID does not accept any responsibility or liability for the loss of your User Content.
- You shall not use the Website for any illegal or unauthorized purpose.
- You acknowledge that, by accessing or using the Website, certain mobile carrier charges may apply, including SMS charges and data charges.
- You shall not transmit worms, viruses or any code of a destructive nature to EmpowerID, other users, or the Website.
- You shall not abuse, harass, threaten, harm or impersonate other EmpowerID users or employees of EmpowerID or any of its partners, at any time or for any reason.
- You shall not post User Content that is hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages unlawful conduct.
- You shall have no right to access data or content of other users of the Website, unless such access is authorized by EmpowerID.
- All content, information, and links presented on this Website are for informational purposes only. All information on the Website is subject to change.
- Except as expressly provided in these Terms, any reproduction, display or other dissemination of information or content contained in this Website is strictly prohibited and constitutes copyright infringement.
Any use of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Website. Furthermore, EmpowerID reserves the right to terminate or suspend your rights to use of the Website for any reason. EmpowerID also reserves the right to bring legal action against you for any loss or damage that it may suffer as a result of your violation of the Terms.
3. Intellectual Property Rights
The copyrights and other intellectual property in the Website are owned by EmpowerID, its independent contractors, and its licensors. This includes the words “EmpowerID,” “The Dot Net Factory, LLC,” are the registered trademarks of The Dot Net Factory, LLC. Subject to your compliance with these Terms, including Section 2 above, you are authorized to view, store, print, reproduce, copy, and distribute any pages within the Website for non-commercial use within your organization only. All other rights are reserved. You may print off pages of the Website; however if you do so, you agree that you do not acquire any ownership rights in any of that material. This right is non-transferable and non-sublicensable. You may not copy, distribute, transmit, publish, sell, transfer, create derivative works of, or otherwise exploit any such material that you print off. In consideration of this authorization, you agree that (a) any copy of these documents which you make shall retain all copyright and other proprietary notices contained in such documents and (b) these Terms are included with any distribution. By submitting User Content to the Website or to EmpowerID, you hereby grant EmpowerID a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Content when operating the Website and for EmpowerID’s internal business purposes. You acknowledge that EmpowerID is not responsible for any User Content you provide and that EmpowerID may reject or delete such User Content in EmpowerID’s sole discretion. EmpowerID also assumes no responsibility for loss of information, howsoever such information is lost, including information which is permanently deleted either through the action of an employee or consultant or other who has access to the information, through failure of a computer network, or through any policy or directive of EmpowerID for destruction of data.
4. Third Party Websites
You shall indemnify, defend and hold harmless EmpowerID and each of its officers, directors, members, employees, agents, representatives, partners, and licensors (collectively, the “EmpowerID Indemnitees”) from any and all third party claims, liability, damages and/or costs (including attorneys’ fees) arising from or related to (i) any User Content, (ii) your use of the Website, (iii) your violation of these Terms, or (iv) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you. You agree to immediately notify EmpowerID of any unauthorized use of your user account or any other breach of security known to you that may affect the security of the Website.
6. Disclaimers; Limitations on Liability; Time to File Claims
EmpowerID provides information through this Website. While EmpowerID has undertaken efforts to provide accurate information, it is not comprehensive and EmpowerID makes no commitment to update the information at any particular time, and the information on the Website may be out of date. Information on the Website may also be changed at any time without notice. As a result, the information may not be accurate, up to date or applicable to the circumstances of any particular case. Any decisions you make based on information contained in this Website are solely your responsibility.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO COMMITMENT TO ANY FUTURE FUNCTIONALITY OR FEATURES. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EMPOWERID AND THE EMPOWERID INDEMNITEES DO NOT WARRANT THAT THE CONTENT OF THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY IN THE WEBSITE SHALL BE TO REQUEST THAT EMPOWERID CORRECT THE MATTER OR, IF EMPOWERID FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE, OR FOR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. EMPOWERID DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EMPOWERID WILL NOT BE A PARTY TO AND IS NOT RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING ANY INDEPENDENT CONTRACTOR PROVIDING THE SERVICES.
Limitation on Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EMPOWERID INDEMNITEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; OR (B) ANY CONTENT OBTAINED FROM THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST THE EMPOWERID INDEMNITEES IN CONNECTION WITH ANY DAMAGES ARISING FROM THE FOREGOING IS TO STOP USING THE WEBSITE.
Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
7. Controlling Law; Venue
These Terms and any action related to the access or use of the Website will be governed by the laws of the State of Ohio without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in Franklin County, Ohio, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
8. Entire Agreement; No Third Party Beneficiaries
If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by EmpowerID of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. EmpowerID may revise these Terms from time to time; the most current version will always be at www.EmpowerID.com/terms-of-use. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms.
Other than the EmpowerID Indemnitees, no other person or company will be third party beneficiaries to the Terms.