Terms and Conditions
Last Updated: March 27, 2023
Please read these Terms and Conditions ("Terms") carefully before using the EmpireDash™ website (empiredash.com), mobile applications, and related services (collectively, the "Services") operated by EmpireDash™ ("us," "we," or "our").
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.
By using our Services, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. If you are under the age of 18 or the age of majority in your jurisdiction, you must only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
To access certain features of our Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We reserve the right to terminate or suspend your account at any time for any reason, including, without limitation, if we believe that you have violated these Terms.
All content, features, and functionality of our Services, including, without limitation, text, graphics, logos, icons, and images, are the exclusive property of EmpireDash™ or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any part of our Services without our prior written consent.
You agree not to use our Services for any purpose that is unlawful or prohibited by these Terms. You agree not to engage in any of the following activities:
Our Services may contain links to third-party websites or services that are not owned or controlled by EmpireDash™. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that EmpireDash™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
Our Services are provided "as is" and "as available" without any warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that defects will be corrected.
In no event shall EmpireDash™ or its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, or goodwill, arising out of or in connection with your use of or inability to use our Services, even if we have been advised
of the possibility of such damages. Our total liability to you for all claims arising out of or relating to these Terms or your use of our Services shall not exceed the greater of one hundred dollars ($100) or the amount you have paid us for accessing our Services in the past twelve (12) months.
You agree to defend, indemnify, and hold harmless EmpireDash™ and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from or related to: (a) your use of our Services; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or court order; or (d) your infringement of any intellectual property or other rights of any third party.
We may terminate or suspend your access to our Services at any time, for any reason, including, without limitation, if we believe that you have violated these Terms. Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which EmpireDash™ is located, without regard to its conflict of law provisions.
We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on our website. Your continued use of our Services after the effective date of the updated Terms constitutes your acceptance of the changes.
If you have any questions or concerns about these Terms, please contact us at:
Email: legal@empiredash.com
EmpireDash™ Attn: Legal Department
By using our Services, you acknowledge that you have read and understand these Terms and agree to be bound by them.