TERMS AND CONDITIONS OF USE and purchase

Date of Last Revision: September 1, 2018

 

1. INTRODUCTION

1.1 Introduction: EmpowerYou, Inc. (“Empower,” “we,” “us,” “our”) provides content, products and services (described below) to you through its website located at www.juliesolomon.net (the “Site”) and through mobile applications and related services (collectively, such services, including any new features and applications, The Influencer Academy, Pitch It Perfect, Instantly Influence and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE.

 

1.2 Modifications to Terms of Service: We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you. Any such changes will become effective immediately. Your use of the Service after the date such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.

 

1.3 Privacy: we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.


2. Access and Use of the Service

2.1 Use Description: The Services are solely for your personal and non-commercial use. For general content available on the site, as well as for any content that you purchase, we grant you a limited, non-exclusive, non-transferable, license to access our content and view your course(s) (or other content) through the service solely for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the materials for any commercial purpose, or for any public display (commercial or non-commercial).

 

2.2 Your Registration Obligations: You may be required to register with Empower in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you is governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

 

2.3. Member Account, Password and Security: You may never use another's account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account. Our programs and services are single membership programs. Meaning, one person per membership. If you’d like to do any of Empower’s programs along with another person, they will need to enroll separately. You agree to (a) immediately notify Empower of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Empower will not be liable for any loss or damage arising from your failure to comply with this Section.

 

2.4 Modifications to Service: Empower reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Empower will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of your account or content submitted by you for any period of time beyond what may be required by applicable law.

 

2.5 General Practices Regarding Use and Storage: You acknowledge that Empower may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Empower’ servers on your behalf. You agree that Empower has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Empower reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Empower reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

2.6 Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Empower and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Empower account information to ensure that your messages are not sent to the person that acquires your old number.

 


3. Conditions of Use

3.1 User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. You agree to not use the Service to:

·       Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Empower, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Empower or its users to any harm or liability of any type;

·       interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

·       violate any applicable local, state, national or international law, or any regulations having the force of law;

·       impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;

·       harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

·       advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

·       further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

·       obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

 

Empower reserves the right to investigate and take appropriate legal action against anyone who, in Empower' sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

 

3.2 Payment Policy: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Empower information regarding your credit card or other payment instrument. You represent and warrant to Empower that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Empower the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Empower to bill your payment instrument in accordance with the terms of the applicable payment plan. If you dispute any charges you must let Empower know within forty-five (45) days after the date that Empower charges you. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent.” You will immediately lose access to the Service and your access to the Site and all Content will be revoked seven (7) days after your payment declines. You will also not receive access to future versions of the Service as it’s released until all payments are made in full.

If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company's sole discretion until the account is caught up and in good standing.We reserve the right to change Empower' prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Empower' net income.

 

3.3 Recurring Subscriptions: If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize Empower to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that Empower is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Empower, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., you bank or a payment processor) to continue charging your account as authorized by you.

 

3.4 Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

 

3.5 Reproduction: Unless otherwise expressly authorized herein or by Empower in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes or otherwise, any portion of the Service, use of the Service, or access to the Service.

3.6 Refund Policy:

Due to the immediate, direct access to all course materials, videos and assets, we do not offer refunds of any kind for Pitch It Perfect or Instantly Influence. Please read the details and description of each module on PitchItPerfect.net so you understand exactly what you are buying. It’s like registering for a college course. If you register with the intent to learn, but don’t show up, the school doesn’t give you a refund. Same rules apply here. Please do not enroll if you just want to "check it out." We have put an extraordinary amount of time and effort into this program, and we expect you to do the same. Pitch It Perfect is for serious students only, and we are firm on our refund policy. We are COMPLETELY invested in making sure you have the best experience possible, so please email us with any questions about enrolling and we will always give you an honest answer so you can make the best decision for you.

The Influencer Academy is completely risk-free. You can participate in The Influencer Academy for up to the first two (2) Modules. If you do all the assigned work and do not find the value with the Service, we’ll happily refund the money you’ve paid us under this Agreement less any external fees subject to the following conditions:

  • Deadline to Apply for Refund. To be eligible for a refund, you must submit your request by November 16th, 2018 at 12pmEST. The deadline exists because if you sign up for The Influencer Academy, we want you to get started. If you don’t plan on starting right away but want to sign up this year, we'd love to have you, but definitely make sure this is the right investment for you, as the refund does have a firm deadline.

  • Completed Course Work. We’ll ask for your completed course work (to make sure you gave it a go) and ask what didn’t work for you (so we can learn and improve). Completed coursework is defined as full completion of Module 1 and 2 videos, workbooks, tip sheets and materials. You will need to turn in all worksheets and tip sheets, fully completed, as viewed all videos in their entirety for refund consideration.

  • Company Discretion. After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.

  • Please do not enroll in The Influencer Academy if you just want to "check it out." We put an extraordinary amount of time and effort into this Program, and we expect you to do the same. The Influencer Academy is for serious students only.

The Influencer Academy begins on November 5, 2018. No refunds will be offered until the start of the Program. No exceptions.


4.1 Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Empower, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Empower from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Empower, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Empower.

 

The Julie Solomon and the EmpowerYou name and logos are trademarks and service marks of Empower (collectively the “Empower Trademarks”). Other product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Empower. Nothing in this Terms of Service or the Service may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Empower Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Empower Trademarks will inure to our exclusive benefit.

4.2 Third Party Material: Under no circumstances will Empower be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Empower does not pre-screen content, but that Empower and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Empower and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Empower, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

4.3 User Content Transmitted Through the Service: With respect to any content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Empower, its affiliated companies and partners (including but not limited to Empower instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Empower, its affiliated companies or partners are non-confidential and Empower, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Empower may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Empower, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4.4 Copyright Complaints: Empower respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Empower of your infringement claim at [email protected] in accordance with the procedure set forth below.

 

To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

4.5 Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Southern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by the Copyright Agent, Empower will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

4.6 Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Empower has adopted a policy of terminating, in appropriate circumstances and at Empower' sole discretion, users who are deemed to be repeat infringers. Empower may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4. Intellectual Property Rights


The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Empower has no control over such sites and resources and Empower is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Empower will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Empower is not liable for any loss or claim that you may have against any such third party.

5. Third Party Websites


You may be able to enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Empower' use, storage and disclosure of information related to you and your use of such services within Empower (including your friend lists and the like), please see our Privacy Policy. 

However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Empower shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Empower is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with any Social Networking Services. As such, Empower is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Empower enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

6. Social Networking Services


You agree to release, indemnify and hold Empower and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

7. Indemnity and Release



8. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, EMPOWER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

EMPOWER MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.


YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMPOWER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMPOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL EMPOWER’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID EMPOWER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

9. Limitation of Liability


At Empower' or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by individual (not group) binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Los Angeles, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Notwithstanding the provisions of the introductory section above, if Empower changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Empower' email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Empower in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND EMPOWER REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN ANY LAWSUIT, INCLUDING ANY LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

10. Binding Arbitration; Class Action Waiver


You agree that Empower, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Empower believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Empower may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Empower may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Empower will not be liable to you or any third party for any termination of your access to the Service.

11. Termination


You agree that you are solely responsible for your interactions with any other user in connection with the Service and Empower will have no liability or responsibility with respect thereto. Empower reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

12. Disputes Between Users


These Terms of Service constitute the entire agreement between you and Empower and govern your use of the Service, superseding any prior agreements between you and Empower with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 above, you and Empower agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. The failure of Empower to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Empower, but Empower may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

13. General


14. Questions? Concerns? Suggestions?