Terms and Conditions

Updated on __ May, 2022

1. Acceptance of Terms and Conditions


These Terms and Conditions describe the rules that apply to websites and mobile applications operated by Empowered Systems Intermediate, LLC and its affiliates (“Empowered Systems”, the “Company” or “we”, “our”, or “us”), including empoweredsystems.com, myrefinitiv.com, our mobile applications, and all other digital and online services provided by Empowered Systems (collectively the "Sites").
These Terms and Conditions govern any and all materials, documents, pages, software, text, images, video, audio, logos, slogans, user interfaces, visual interfaces, computer code, documents, graphics, simulations, product and service names, etc. (collectively “Content”) on the Sites.

The Sites are offered to you ("User" or "you") conditioned upon your acceptance, without modification, of any and all of the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using the Sites and Content, in any manner, you agree that you have read this Agreement, you understand this Agreement, and you will be bound by the terms and conditions herein.
You further agree that this Agreement, together with our Privacy Policy, represents the complete and exclusive agreement between the parties (you and Empowered Systems), and that this Agreement supersedes any proposal or prior or contemporaneous agreement, oral or written, and any other communications between the parties relating to the subject matter of this Agreement.
If you do not accept all of the terms and conditions contained in or incorporated by reference into this Agreement, please do not use the Sites or any Content on the Sites.

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2. Modification of These Terms of Use


We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and such changes will be effective immediately upon posting.
Your continued access or use of the Sites and Content signifies your acceptance of the updated or modified Agreement. Unless otherwise indicated, any new material added to the Sites or Content will also be subject to the Agreement. Be sure to return to this page periodically to review the most current version of the Agreement.

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3. Eligibility to Use Our Sites and Content


Our Sites are not intended to be used by persons under the age of 18 years old. If you are under the age of 18, please do not use the Sites, Content or any of the Services offered by Empowered Systems.
By continuing to use our Sites and Content you represent and warrant that you are 18 years of age or older. If you are submitting information on behalf of a business entity or an individual other than yourself, you represent that you have the authority to bind that business entity or individual to the Agreement.
Unless otherwise indicated, any new material added to the Sites or Content will also be subject to the Agreement. Be sure to return to this page periodically to review the most current version of the Agreement.
We may, in our sole and absolute discretion, refuse any entity or individual use of the Sites and Content, refuse to accept an entity's or individual’s information, or, at any time, revoke any entity’s or individual’s continued use of the Sites and Content for any reason, or for no reason, in our sole discretion.

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4. Permitted Use


You are permitted to use the Sites and Content provided that you:

  1. do not remove any proprietary notice language related to the Sites or Content;

  2. use the Sites and Content for your personal, non-commercial, informational purposes only;

  3. do not copy, post, distribute, or disseminate the Content on any website, networked computer, device, or media; and

  4. do not modify the Sites or Content. Any use of the Sites not expressly permitted by this Agreement is a breach of our Terms and Conditions and may violate copyright, trademark, and other laws.

You are hereby granted a non-exclusive license to use the Content on the Sites including, where available and permitted, to email individual Content to others directly from the Sites. You are also granted a limited license to print one copy of any Content posted on the Sites, but only for personal, non-commercial, informational purposes. Except as expressly provided above, all other rights are reserved to Empowered Systems.
To request permission to use Content posted on the Sites for other than your personal, non-commercial, informational purposes, please contact us at legal@empoweredsystems.com. Please include a description of your proposed usage of the Content, along with a link or copy of the Content requested and your contact information.

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5. Restrictions on Use


THE UNAUTHORIZED COPYING, DISPLAYING, OR OTHER UNAUTHORIZED USE OF THE SITES AND CONTENT IS A VIOLATION OF THE LAW.
When using the Sites and Content, you agree to comply with all applicable laws, statutes, regulations, rules, etc., as well as this Agreement. You agree that you will not under any circumstances:

  • Access the Sites or Content for any reason other than your personal, non-commercial, informational use;
  • Collect or harvest any personal information of any user of the Sites or Content;
  • Collect or harvest information, including personal information, about visitors to the Sites without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses;
  • Resell, decompile, reverse engineer, disassemble, or otherwise convert any part of the Sites and Content;
  • Upload, download, modify, publish, transmit, transfer, sell, copy, reproduce, republish, create derivative works, distribute, display, incorporate into other sites, or in any other way exploit the Sites and Content, in whole or in part;
  • Use the Sites or Content for any unlawful purpose or for the promotion of illegal activities;
  • Use the Sites or Content to attempt to or to actually harass, abuse, or otherwise harm another person or group;
  • Use another user's account without permission;
  • Intentionally allow another user to access your account;
  • Provide false or inaccurate information when registering for an account;
  • Provide false or misleading information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any Content, message, or other communication;
  • Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for any services if you are not expressly authorized by such party to do so;
  • Interfere or attempt to interfere with the proper functioning of the Sites or Content;
  • Manipulate or otherwise display the Sites or Content using framing, creating deep-links (except as provided on the “Tools” webpage) to the Sites by bypassing the Site's home page, mirroring or similar navigational technology or directly link to any portion of the Sites other than the main home page;
  • Make any automated use of the Sites or Content or related systems, 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 robot exclusion headers or other measures we take to restrict access to the Sites and Content, or use any software, technology, or device to scrape, spider, or crawl the Sites and Content, or harvest or manipulate data;
  • Probe, scan, test the vulnerability of or breach the authentication measures of the Sites or any related Content, web pages, networks, or systems;
  • Circumvent, disable, or otherwise interfere with any security-related features of the Sites and Content or features that prevent or restrict use or copying of Content, or enforce limitations on the use of Content accessible via the Sites;
  • Publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer;
  • Use or access the Sites and Content in any way that, in our sole judgment, adversely affects the performance or function of the Sites and Content or interferes with the ability of authorized partieso access the Sites and Content, including but not limited to any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • Use our trademarks as metatags on other websites; and
  • Incorporate any Empowered Systems’ product names into your company’s product names;
  • Incorporate any Empowered Systems’ names into any internet root domains or subdomains owned by your company;
  • Use any Empowered Systems’ taglines
  • Connect your company name with Empowered Systems’ product names; and
  • Engage in, perform, or conduct any of the actions or activities identified below under “User-Generated Content”
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6. Intellectual Property


You acknowledge and agree that Empowered Systems retains ownership of all intellectual property rights of any kind related to the Sites and Content, including all copyrights, trademarks, and other proprietary rights. he Sites and Content are protected by United States and international copyright, trademark, patent, trade secret, trade dress, and other intellectual property, proprietary rights, and unfair competition laws.
We reserve all rights that are not expressly granted to you in this Agreement. We own all rights, title and interest in the Sites and Content, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of the Sites and Content, as well as the compilation of the content, code, data, and materials, including all intellectual property and proprietary rights. The Content of our Sites is protected under United States and other copyright laws, and is the property of the Empowered Systems. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the Content contained in, or available through, our Sites in whole or in part.
No copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material without the express permission of Empowered Systems is permitted. All words and symbols designated by ® or ™ and used on or in connection with our products or marketing materials on the Sites or in the Content (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, Empowered Systems or other owners that have granted us the right and license to use such Marks.
For clarity, there may be instances where trademark symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks. You may not display or reproduce the Marks other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any content.
Any copying, distributing, transmitting, posting, linking, deep-linking or otherwise modifying the Sites and Content without our express written permission is prohibited. Any violation of this section may result in copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. We reserve the right to terminate your use of our Sites and Content if you infringe our, or any other person's, intellectual property rights. Other product and company names that are mentioned on the Sites or contained in the Content may be intellectual property of their respective owners.

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7. Electronic Communications


When you visit the Sites or send or accept electronic messages through the Sites, you are communicating with us electronically, and as a result, you consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement. You have a right to withdraw your consent to receive electronic communications at any time, and may request a paper version of any electronic communication.
You acknowledge that such withdrawal of consent may prohibit you from accessing and using core functionalities of the Sites. You further acknowledge that we reserve the right to charge you a reasonable fee for the production and mailing of paper versions of electronic communications, unless charging a fee is prohibited by applicable law. To request a paper copy of an electronic communication, please contact us at legal@empoweredsystems.com.

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8. User-Generated Content


We may offer features on our Sites that allow users to share information and content such as reviews, photos, text, videos, suggestions, unsolicited ideas, or the like (“User Content”). We also may allow you to share User Content with us by responding to one of our usage requests, or by tagging content you post on social media with any of our hashtags). All User Content will be subject to the following terms and conditions:

Grant of License

By uploading or otherwise sharing User Content through our Sites, by using any of our hashtags or by responding to a usage request made by us, you grant Empowered Systems and our agents, a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, distribute, publish, sub-license, import, export, modify, and make derivative works of your User Content along with your name and/or social media handle in all digital and physical channels for any purpose including all promotional, marketing, advertising and other commercial and non-commercial purposes.
We may use, reproduce, distribute, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion without any obligation or additional permission from you. You agree to waive any right you may have to be named in the User Content, and allow us to use your User Content without any reference or attribution.

Representations and Warranties

By using our Sites and Content, responding to our usage requests, or using any of our hashtags on social media, you represent and warrant that you:

  1. have the right to transmit, distribute, replicate, and post any User Content you submit,
  2. you are the copyright owner or have the copyright owner’s permission required to grant the rights to the User Content described in this Agreement,
  3. you hold the rights necessary to grant the licenses described herein,
  4. you have obtained the express consent of each person, if any, depicted in the User Content,
  5. if any people pictured or mentioned are minors, you have obtained the express permission of their parents/guardians to have their image and/or name used by Empowered Systems,
  6. your User Content, and our use of that User Content as permitted under this Agreement, does not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party, and
  7. our User Content does not violate any law or other regulation and is not inappropriate under the rules described below. You expressly release the Empowered Systems from any claims, damages, actions, or liabilities arising from our use of your User Content as permitted herein.

User Content Guidelines

If you choose to submit User Content through our Sites or use any of our hashtags on social media, please use good judgment. By using our Sites or using any of our hashtags on social media, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Sites any of the following:

  • Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
  • Content that constitutes, encourages, or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
  • Content that promotes illegal drug, tobacco or firearms use;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Content that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Content that identifies, or relates to children under the age of 16;
  • Unsolicited promotions, political campaigning, advertising, contests, raffles, or links to other commercial sites;
  • Personal information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Viruses, corrupted data or other harmful, disruptive, or destructive files;
  • Any Content that is unrelated to the topic of the forum in which such Content is posted;
  • Content that communicates messages inconsistent with the positive good will of Empowered Systems;
  • Content or links to Content that, in our sole judgment, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Sites, or
  • Content that exposes or could expose Empowered Systems or any third party to any harm or liability of any type.

We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation,slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Empowered Systems does not endorse any User Content, or any opinion, recommendation or other advice expressed therein. We are not liable for any statements, representations or User Content provided by its Users in any public forum, personal home page or other interactive area.
Although we have obligation to screen, edit or monitor any User Content, we reserve the right, and have absolute discretion, to remove, screen or edit without notice any User, Content posted or stored on the Sites at any time and for any reason. Any use of our Sites and Content, including submission of User Content, in violation of this Agreement may result in termination or suspension of your permission to use the Sites and Content.

If it is determined that you retain moral rights (including rights of attribution or integrity) in User Content , you hereby declare that
(a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto;
b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Empowered Systems or its licensees, successors and assigns;
(c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content ; and
(d) you forever release Empowered Systems, and its licensees, successors and assigns, from any claims that you could otherwise assert against us, our licensees, successors and assigns, by virtue of any such moral rights.

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9. Digital Millennium Copyright Act Notice


We respect the intellectual property rights of others. We may, in appropriate circumstances and in our sole discretion, terminate the access of Users who infringe the copyrights or intellectual property rights of others. If you believe you have a copyright infringement claim related to the Sites or Content, you may notify us and request removal of the allegedly infringing materials by submitting a written notification to our copyright agent containing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).

Our agent for notice of claims of copyright infringement on or regarding our Sites and Content can be reached by:

  • Emailing us at legal@empoweredsystems.com
  • Sending a request to:
    Empowered Systems
    3209 W Smith Valley Road,
    Suite 223, Greenwood, IN 46142
    Attention: General Counsel

Please provide our agent with the following information in writing (see 17 U.S.C. 512(c)(3)) for further detail):

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works related to the Sites or Content, please provide a list of such works;
  • Specific identification of the content you believe to be infringing so that we may locate and identify the subject content;
  • Your contact information (name, postal address, telephone number, and, if available, email address);
  • A good faith statement that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement that to the best of your knowledge and belief, the written notice is accurate; and
  • A statement that you are authorized to act on behalf of the copyright owner signed under penalty of perjury.
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10. Privacy


Empowered Systems respects the privacy of individuals who use our Sites. Please refer to our Privacy Policy as incorporated herein, which explains how we collect, use, and disclose information that pertains to your privacy. With respect to any individual whose Personal Information, as defined by applicable law, is provided by you to us, you represent that you have obtained all necessary consents for the processing of such Personal Information contemplated by the Services you are using, ncluding the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the Personal Information as the laws of the country of origin of such individual.

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11. Security


Certain portions of our Sites and Content are accessible only to users who have registered with the Sites and obtained login credentials (“Registered Users”). If you are a Registered User, you agree to accurately maintain and update any information about yourself and your account that you have provided to us. You further agree that you are responsible for all activities related to your Registered User account. You are responsible for maintaining the confidentiality of your login credentials and you agree not to share your login credentials with any unauthorized parties.
You also agree to notify us promptly of any unauthorized use of your login credentials or any other breach of security that you become aware of involving or relating to the Sites or Content by emailing us at legal@empoweredsystems.com.

We reserve the right to take any and all action we deem necessary or reasonable to maintain the security of the Sites, Content, and your account, including, without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section and any unauthorized access to your account. To protect yourself from unauthorized access to your account information, we highly recommend that you change your password frequently and do not share your password with anyone.

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12. Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMPOWERED SYSTEMS OR ANY OF THEIR EMPLOYEES, AGENTS, PARTNERS, SERVICE PROVIDERS, CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITES AND CONTENT, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED IN THE SITES OR IN THESE TERMS AND CONDITIONS, THE PRODUCTS OR SERVICES PROVIDED THROUGH OUR SITES, OR YOUR ACCESS TO OR INABILITY TO ACCESS THE SITES AND CONTENT, OR ANY CONTENT OBTAINED FROM THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EMPOWERED SYSTEMS’ TOTAL LIABILITY EXCEED, IN THE AGGREGATE FOR ALL CLAIMS SUBJECT TO THESE TERMS OF USE, AN AMOUNT THAT IS THE GREATER OF ONE HUNDRED DOLLARS (USD $100.00) OR THE AMOUNT THAT YOU HAVE PAID US IN THE LAST YEAR FOR ACCESS TO OUR SITES AND CONTENT. YOU HEREBY ACKNOWLEDGE THAT EMPOWERED SYSTEMS WOULD NOT PROVIDE ACCESS TO OUR SITES AND CONTENT IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE AGREEMENT. THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS OF USE IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY IN ALL CIRCUMSTANCES, IN THOSE JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

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13. Disclaimer of Warranties


EMPOWERED SYSTEMS SITES AND CONTENT, AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THEM, ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EMPOWERED SYSTEMS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SITES AND CONTENT, AND ANY SERVICES OFFERED THROUGH THE SITES OR CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITES AND CONTENT IS AT YOUR SOLE RISK AND THAT EMPOWERED SYSTEMS IS NOT LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITES OR CONTENT, OR ANY PRODUCTS AND SERVICES SOLD THROUGH THEM. YOU FURTHER AGREE TO ASSUME THE ENTIRE COST OF ANY AND ALL DAMAGE, SERVICING, REPAIR, OR CORRECTION TO YOUR DEVICE, COMPUTER SYSTEM, OR OTHER EQUIPMENT DUE TO YOUR USE OF THE SITES AND CONTENT, OR ANY SERVICES PROVIDED THROUGH THEM. NEITHER EMPOWERED SYSTEMS NOR ANY OF THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITES AND CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO
(A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES AND CONTENT,
(B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SITES,
(C) THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT OR INFORMATION OFFERED THROUGH THE SITES, OR
D) THAT THE FILES AVAILABLE FOR DOWNLOAD FROM THE SITES AND CONTENT, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES.

The above disclaimer applies to any liability, damages, or injury caused by any error, omission, interruption, deletion, defect, failure of performance, etc., related to operation of the Sites or Content on the Sites, whether for breach of contract, tort, negligence, or any other cause of action.
Empowered Systems reserves the right to do any of the following, at any time, without notice:
(1) to modify, suspend, or terminate operation of the Sites;
(2) to suspend or terminate your access to the Sites;
(3) to modify or change the Sites and Content as well as this Agreement; and
(4) to suspend or interrupt the operation of the Sites, or any portion of the Sites, as required to perform routine or non-routine maintenance, system updates, or other modifications.

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14. Indemnification


You agree to indemnify, defend, and hold harmless Empowered Systems, its respective directors, officers, agents, partners, investors, shareholders, employees, successors and assigns from and against any and all claims, demands, actions, costs, liabilities, losses of any kind (including attorneys’ fees) arising out of your use of the Sites and Content, your breach or alleged breach of this Agreement (including but not limited to the warranties related to your User Content), or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of Empowered Systems or third parties.

You and each of your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge Empowered Systems and each of its directors, officers, agents, partners, investors, shareholders, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys' fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Sites and Content.

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15. Termination


You agree that we, in our sole discretion, may terminate or suspend your use of or access to the Sites and Content at any time and for any or no reason, in its sole discretion, and without prior notification, even if access and use continues to be allowed to others.Upon such suspension or termination, you must immediately
(a) discontinue use of the Sites and Content, and
(b) destroy any copies you have made of any portion of the Sites and Content, including User Content.
Any use of, attempted use of, or attempted access to the Sites or Content after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that Empowered Systems shall not be liable to you or any third party for any termination or suspension of your access to the Sites and Content.

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16. Links to Third Party Sites and/or Content


Our Sites may contain links to third party sites and content.  Such third party sites and content are not under our control and we are not responsible for the operation, policies, practices, terms, etc. of such sites or content. Empowered Systems provides links to third party sites and content as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party sites or content. If you decide to access any third party site or content linked to our Sites or Content, you do so entirely at your own risk.  Third party sites are subject to their own terms and policies, including privacy and information gathering practices. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY THIRD PARTY SITE OR CONTENT LINKED TO OUR SITES OR CONTENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY.

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17. Alternate Login Methods


If you access the Sites and Content on a mobile device, you may be able to access your account within the Sites by using features such as fingerprint recognition, facial recognition, or other biometric input, which are specific to your mobile device. These features are provided through your mobile device's built-in functionality, and we have no responsibility for any failure of these features, either where such failure may prevent you from accessing your account or where such failure may permit an unauthorized third party to access your account. When you use these features, your biometric data is stored on your device and is not transferred to, processed, or stored by or on behalf of Empowered Systems. Be aware that if you enable features such as fingerprint or facial recognition, anyone with a fingerprint or face profile stored on your device may have access to the information contained within the Sites and Content.

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18. General


You agree to use the Sites and Content in strict compliance with all applicable laws, rules, rulings, and regulations and in a fashion that does not, in our sole judgment, negatively reflect on our goodwill or reputation and shall take no actions that would cause Empowered Systems to be in violation of any applicable laws, rules, rulings or regulations. Empowered Systems is based in the United States. The Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without reference to the principles of conflicts of law of that state or any other jurisdiction.

You hereby consent to the exclusive jurisdiction and venue of the courts of the State of North Carolina, or the courts of the United States located in Mecklenburg County, North Carolina and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of, or relating to, your use of the Sites and Content.

You and Empowered Systems hereby consent and agree that any disputes arising from this Agreement, including disputes arising from or concerning its interpretation, violation, invalidity, non-performance, or termination, or from your use of the Sites and Content shall be subject to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Any and all claims under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Use of the Sites and Content is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

f any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in full force and effect.

The Agreement, together with our Privacy Policy as incorporated herein, constitutes the entire agreement between you and Empowered Systems with respect to the Sites and Content and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Sites and Content. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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19. How to Contact us


If you have any questions or comments about this Agreement, or your use of our Sites and Content, please contact us by:

  • Emailing us at legal@empoweredsystems.com
  • Sending a request to:
    Empowered Systems
    3209 W Smith Valley Road,
    Suite 223, Greenwood, IN 46142
    Attention: General Counsel

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