Terms of Use

TERMS OF USE

 

ACCESS AND USE OF THIS WEBSITE AND ITS RELATED SERVICES, WEB PAGES, AND DATA (COLLECTIVELY, THE “WEBSITE”), ARE PROVIDED BY EMPIRE DISTRIBUTORS, INC. (“Empire” and “WE”) ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE (“TERMS” OR “AGREEMENT”), AND BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS, YOU MUST NOT ACCESS OR USE THIS WEBSITE.

 

YOU MAY ONLY ACCESS THIS WEBSITE IF YOU (i) AGREE TO THESE TERMS, (ii) ARE THE OLDER OF (A) AT LEAST 21 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH EMPIRE, AND (iii) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

 

These Terms, the Privacy Policy, and all other documents referenced in these Terms govern the relationship between you (“you”) and Empire with respect to your access and use of the Website. You agree that the agreement formed by these Terms is binding like any written, negotiated agreement signed by you, and you agree to be bound by, and fully comply with, these Terms. You represent and warrant that you have all necessary right, power and authority to enter into this Agreement and to perform and otherwise discharge all of your obligations described in these Terms.

 

These Terms are subject to change by Empire at any time in its discretion. Your use of this Website after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly.

 

Empire does not knowingly or intentionally collect personal information from anyone under the age of 21. This Website is directed at adults and is intended for use only by adults age 21 or older. If you are under the age of 21, you must not submit any Personal Data to Empire through this Website.

 

JURISDICTION

The services and products described on the Website and in the Content are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject Empire to any registration requirement within such jurisdiction or country. We make no representation that materials in this Website are appropriate or available for use in all locations. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  We reserve the right to limit the availability of the Website, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided.

 

PRIVACY

Empire is committed to respecting your privacy. We have developed a Privacy Policy to describe our privacy practices and how we collect, use and disclose your personal information. Please see our Privacy Policy for further information.

 

OFFERINGS

Empire provides you with the ability to view a variety of products and service offerings made available by various third-party providers (“Offerings”). EACH OFFERING MAY BE SUBJECT TO OFFERING-SPECIFIC TERMS OF USE AND/OR PRIVACY POLICIES OF THAT THIRD PARTY, WHICH MAY SUPERSEDE THESE TERMS. EMPIRE ENCOURAGES YOU TO CAREFULLY READ THE TERMS AND OTHER APPLICABLE DOCUMENTS FOR ANY OFFERING BEFORE ACCESSING OR USING THAT OFFERING.  ANY PURCHASE YOU MAKE FROM A THIRD PARTY WILL BE THROUGH THAT THIRD PARTY’S WEBSITE, NOT THROUGH THIS WEBSITE.

 

PRODUCT DESCRIPTIONS

Empire attempts to be as accurate as possible. However, Empire does not warrant that product descriptions, particularly those descriptions provided by third parties whose Offerings are available through this website, are accurate, complete, reliable, current, or error-free.

 

RESTRICTIONS ON USE

You have a nonexclusive, nontransferable, limited, revocable right to use this Website solely to obtain information about Empire and to view products from the third parties whose Offerings are available through this website. You must not use this site for any other purpose, including any commercial purpose, without Empire’s express prior written consent. For example, you must not (and must not authorize any other party to) (i) co-brand this site or any portion thereof, or (ii) frame this site or any portion thereof, or (iii) link to this site or any portion thereof (other than the homepage), without the express prior written permission of an authorized representative of Empire. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the site or content accessible within the site.

 

PROPRIETARY INFORMATION

The material and content accessible from the Website and any other website owned, operated, licensed or controlled by Empire or any of its related, affiliated or subsidiary companies (the “Content”) is the proprietary information of Empire, its affiliates, or the party that provided the Content to Empire. Empire, its affiliates, or the party that provided the Content to Empire, as applicable, retains all right, title, and interest in the Content. The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Empire, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Empire’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

 

THIRD-PARTY SITES

This Website includes links to non-Empire websites not maintained by, or affiliated with, Empire. Links to third-party sites are provided as a service to users and third-party sites are not sponsored by or affiliated with this Website or Empire. Empire has not reviewed any part of such websites and is not responsible for the content of those websites. Links are to be accessed at your own risk, and Empire makes no representations or warranties about the content, completeness, safety, or accuracy of these links or the associated websites. The inclusion of any link to a third-party website is not an endorsement by Empire of that website. We are not responsible for the practices employed by any of these third parties on their websites.    We encourage you to review any applicable terms of service or other terms, conditions, or policies associated with non-Empire websites.

 

SUBMISSIONS

You hereby grant to Empire the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all remarks, suggestions, ideas, graphics or other information communicated to Empire through this Website (together, the “Submission”), and to incorporate any Submission in other works in any form, media or technology now known or later developed.

 

DISCLAIMER

You understand that Empire cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for protecting your own safety and security when using the Website. Empire does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace Empire’s written reports, statements and notices.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT AND PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. EMPIRE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. EMPIRE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMPIRE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND EMPIRE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU AGREE TO BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE, ITS CONTENT OR PRODUCTS. EMPIRE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

 

LIMITATION ON LIABILITY

IN NO EVENT SHALL EMPIRE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE, THIS WEBSITE OR THE CONTENT, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF EMPIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EMPIRE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY FOR ANY DIRECT DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO EMPIRE FOR THE APPLICABLE CONTENT OR PRODUCT OUT OF WHICH LIABILITY AROSE.

 

INDEMNITY

YOU WILL INDEMNIFY AND HOLD EMPIRE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY THE INDEMNIFIED PARTIES FOR ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS WEBSITE.

 

TRADEMARKS

Trademarks, service marks and logos appearing in this Website are the property of Empire or the party that provided the trademarks, service marks and logos to Empire. Empire and any party that provided trademarks, service marks and logos to Empire retain all rights with respect to any of their respective trademarks, service marks and logos appearing in this Website.  You are not authorized to use any trademark, service mark, or logo of Empire without our written permission.

 

INFORMATION YOU PROVIDE

You may not post, send, submit, publish, or transmit in connection with this Website any material that is misleading, fraudulent, abusive, vulgar, obscene, malicious, or illegal. Empire reserves the right, but does not have the obligation, to monitor use of this Website to determine compliance with these Terms, as well the right to remove or refuse any information for any reason. You acknowledge and agree that neither Empire nor any third party that provides Content to Empire will assume or have any liability to you with respect to any content that you post, send, submit, publish, or transmit in connection with this Website.

 

SECURITY

You are prohibited from using any services or functions provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.

 

Empire will fully cooperate with any law enforcement authorities or court order requesting or directing Empire to disclose the identity of anyone engaged in activity or making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS EMPIRE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EMPIRE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EMPIRE OR LAW ENFORCEMENT AUTHORITIES.

 

GOVERNING LAW AND VENUE

These Terms will be governed and interpreted pursuant to the laws of the State of Georgia, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Georgia in connection with any dispute between you and Empire arising out of these Terms or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter hereof will be in the state courts in Cobb County, Georgia and the federal courts in Atlanta, Georgia.

EXPORT POLICY

You must comply with all U.S. or other export and re-export restrictions that may apply to goods.

 

SEVERABILITY

If any provision of these Terms is unlawful, void or unenforceable, that provision is severed from these Terms and the other provisions remain in force.

 

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Empire relating to the subject matter hereof. Notwithstanding the foregoing, any additional terms and conditions on the Website will govern the items to which they pertain.

 

TERMINATION

Empire reserves the right in its sole discretion to terminate or restrict your use of all or any part of the Website, without notice, for any or no reason, and without liability to you or anyone else. These Terms shall survive any termination of your use or access to all or any part of the Website.

 

Last updated: January 13, 2020