EMPIRICUS AKERMO US LLC
TERMS OF SERVICE
This Terms of Service (“Terms”) governs the contractual relationship between:
Empiricus Akermo US LLC, a company governed by the laws of the state of Delaware (USA) having its registered office located at 8 The Green, Dover, DE 19901, United States, USA (hereinafter referred to as the “Empiricus, “us”, “we”, or “our””); and
each tattoo artist, individual, entity, user or visitor (hereinafter referred to as “you” or “your”) (i) accessing the website located at training.oscarakermo.com (hereinafter referred to as the “Website”), and/or (ii) using the Services (as defined under Section 2.1 of these Terms).
You and Empiricus shall also hereinafter be referred to together as the “Parties” and individually as a “Party”.
Please read these Terms carefully before using the Website and Services. Your access to the Website and your use of the Services (defined below) is conditioned upon your acceptance of and compliance with these Terms.
Acceptance and Modification of Terms
By accessing the Website and by using the Services (defined below) you agree to be bound by these Terms and accept to comply with all applicable laws and regulations. Should you disagree to be bound by these Terms, in whole or in part, you shall (i) not be permitted/authorized to use the Services (defined below), and (ii) refrain from accessing the Website and Services. Your continued use of the Website and Services shall be deemed to constitute your acceptance of these Terms.
Empiricus reserves the right, at any time and in its sole discretion, to modify or replace these Terms. You shall be solely responsible for checking these Terms periodically so as to stay abreast of any changes to the Terms. Your continued access to the Website and use of the Services following the posting of any changes to these Terms shall be subject to the newly modified Terms.
Empiricus provides you, through the Website, with:
an educational online course including pre-recorded classes and tutorials, ON THE ONE HAND on tattoo techniques including but not limited to the start-to-finish tattoo session process, tattoo machines, needle theory, hygiene, different types of ink, tattoo placements, and techniques that can be used with the tattoo machine, such as shading and tattooing straight lines, AND ON THE OTHER HAND on tattoo designs, which includes but is not limited to the step-by-step design process, from design contrasts, tonal values, lighting, and the symmetry of creating art/tattoos, (collectively the “e-Course”). The e-Course is written and created by Oscar Akermo (one of the world’s top ten tattoo artists) and will be (1) approximately nine hours in duration, (2) provided in the English language, and (3) presented to you on video, AND
access to our exclusive knowledge-sharing worldwide online community, to connect with other registered users so as to discuss your advancement and development on the e-Course,
(collectively the “Services”).
Grant of License. Empiricus grants you a limited, revocable, non-transferable, non-exclusive license to access and view the e-Course and any associated content for which you have paid all required Fees (defined below), solely for your personal, non-commercial, educational purposes. All other uses of the e-Course is strictly prohibited. You shall not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use the e-Course unless Empiricus grants you express written permission to do so.
Delivery of e-Course. You acknowledge and agree that upon successful registration of a User Account (defined below) on our Website and receipt of full payment of the e-Course, Empiricus shall invite you to our e-learning platform, namely Kajabi, via email. You shall then be given access to a secured web page/area/portal to view the videos for the e-Course. You shall use your Login Credentials (defined below) to obtain access Kajabi.
You acknowledge and agree that any and all purchases made by you for the Services on the Website, is for your personal use only. As such you are not permitted or authorized to share the purchased Services with any third party. Should Empiricus reasonably suspect you, in its sole discretion, of partaking in any irregular activity/abuse to access the e-Course, we may block your use of the Services and terminate your access to the Website in accordance with Section 14 (Suspension and Termination) of this Agreement.
When using the Services, you agree to use the Website and access the Services only for lawful purposes, as such you will not:
use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
download, copy, sell or give away the e-Course provided by Empiricus that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained on the Website and Services made available to you;
use, download or otherwise copy, or provide (whether or not for a fee) to an individual or entity any directory of users of the Services, any information and/or any portion thereof;
violate any applicable laws or regulations;
use the Services and Website for any commercial uses or for the benefit of any third party including but not limited to the (1) sale of the Services or any associated content, and (2) solicitation of business in the course of trade or in connection with a commercial entity.
Support Services. Empiricus shall provide you with support services, via email or chat, to address any queries and concerns you may have pertaining to the Services, and payment and account issues, from Monday to Friday between the hours of 9 a.m. to 5 p.m., Stockholm Time.
User Registration, Login Credentials and Security
In order to use the Services and the Website, you must first register with Empiricus through our online registration process, by providing all required information which shall include but not be limited to your full name and email address. You may be required to confirm your registration by clicking on an activation link which is sent by Empiricus to you the email you have provided, for verification purposes. An account shall thereafter be opened by Empiricus, in its sole discretion, for you on the Website (“User Account”).
Each User Account is personal, non-transferable and may only be registered and used by one (1) single individual. You may not access any third party’s account or authorize any third party to access your User Account and use the Services on your behalf. You acknowledge and agree that Empiricus may, in its sole discretion, deny you access to its Website and/or Services for any reason or no reason at all.
Where a registered user is a legal entity, the natural person (you) registering the User Account on behalf of such legal entity warrants that you have the legal capacity and power to (i) act on behalf of and represent such legal entity, (ii) proceed with the registration of the legal entity and creation of the User Account on the Website, (iii) accept these Terms, and (iv) make payment of the e-Course on behalf of and in the name of the legal entity.
You agree to (i) provide true, accurate, current and complete information about yourself as prompted by Empiricus’ registration process on the Website, and (ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete at all times. If you provide any information to Empiricus that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may close your User Account on the Website and deny you the ability to access and use the Services. You agree to hold Empiricus harmless and bear full responsibility for all damages accrued by Empiricus in the event of any violation of the obligations provided under this Section 3.4.
You may indicate, during the registration process, to Empiricus your User Account’s username (which shall be your registered email address) and your choice of password to be used as login credentials to access your User Account (“Login Credentials”). You shall be solely responsible for (i) maintaining the confidentiality of your Login Credentials; and (ii) any and all activities which occur under your User Account. You agree to notify Empiricus immediately of any unauthorized use of your User Account or any other breach of security. Empiricus shall not be liable for any loss that you may incur as a result of any third-party using your Login Credentials and/or accessing/using your User Account either with or without your knowledge. However, you may be held liable for losses incurred by Empiricus due to any third-party using your Login Credentials and/or User Account. You acknowledge and agree that you may not (i) use the User Account of another user registered on the Website, and further acknowledge that User Accounts are for use by one user only, and (ii) impersonate any individual or entity, or falsely state or otherwise misrepresent any affiliation with an individual or entity when accessing the Website and when using the Services on the Website.
Deletion of User Account. Should you wish to delete your User Account, you may email Empiricus at firstname.lastname@example.org with your request to delete your User Account. Following such request, Empiricus will permanently delete your User Account, as well as any data contained in the User Account, within 5 days from the submission of your deletion request. You acknowledge and agree that by submitting a request to delete your User Account, you will no longer be able to access the e-Course. Empiricus shall not be liable for any damages caused from such deletion of your User Account. The provisions of Section 14 shall also apply.
Age Restriction. You must be at least 18 years of age to create a User Account (defined below) on the Website and to use the Services. If you are younger than 18, but above the required legal age for consent to use online services in the place where you live (i.e., 13 years in the USA) we encourage you to invite a parent or guardian to assist you in registering your User Account on the Website and using the Service. If you are below the legal age of consent to use online services, you cannot create a User Account or use the Services. Should Empiricus discover that you have violated any provision under this Section 3.7, we will terminate your User Account.
Fees, Payment Method and Taxes
In consideration of the Services provided by Empiricus, you acknowledge and agree to pay Empiricus the fees and/or charges (“Fee(s)”) as set forth on the Website. The Fees may be paid either in (i) full as a one-off payment in United States Dollars; (ii) Euros as a one-off payment; or (iii) four (4) equal monthly instalments of $299, with the first payment due immediately, and the remaining three (3) instalments of $299 being paid on the respective due date thereafter, for a total payment of $1196.
You acknowledge and agree that should you choose to pay the Fees via instalments, as provided above under Section 4.1(iii), the total Fee amount may be higher as interest of 10% will be charged by Empiricus on all outstanding instalments until full payment of the Fees and applicable interest has been made to Empiricus. All Fees for the Services shall exclude any applicable Taxes (defined below).
A valid payment method, including but not limited to credit card or debit card (“Payment Method”) is required to process the payment of the Fees for your chosen Services. As such, you shall provide Empiricus with accurate and complete details to ensure a valid Payment Method. You hereby warrant that you are authorized to use the respective chosen Payment Method and shall notify Empiricus of any changes to your respective Payment Method details and invoicing address.
By completing the required registration on the Website, you agree to authorize Empiricus and/or our third party payment processor, Stripe, to charge your respective Payment Method for the Services you have chosen to make use of for (i) the applicable Fee(s), (ii) any other charges as agreed between the Parties, and (iii) any and all applicable Taxes (defined below).
If Empiricus does not receive payment from your verified payment method on the due date, you shall immediately pay all amounts due to Empiricus upon request. Should Empiricus be unable to collect all such outstanding amounts, Empiricus may in its sole discretion close and cancel your User Account and access to the Services without any notice to you.
You agree to notify Empiricus of any billing queries and errors within thirty (30) days after receipt of your respective invoice. Should you not notify Empiricus of any billing queries and/or errors, this absence of notification on your part shall be deemed to constitute your waiver of your right to dispute such queries and errors at a later date.
Empiricus reserves the right to change the Fees for the Services at any time in its sole discretion.
Under these Terms, the term “Taxes” shall mean taxes, charges, duties, fees, levies, and other charges of a governmental authority, including income, withholding, social security, social contribution, transfer, sales, use, value-added and all other taxes of any kind for which a Party may have any liability imposed by any governmental authority, whether disputed or not, any related charges, interest or penalties imposed by any governmental authority, and any liability for any other person as a transferee or successor by Law, contract or otherwise. You shall be responsible for the payment of all Taxes associated with the purchase of the Services. You shall not deduct from the payments due to Empiricus, any Taxes, except as is required by applicable law.
Empiricus shall provide you with a refund for the e-Course Services purchased by you on the Website, provided you have only watched/opened/viewed less than fifteen percent (15%) of the e-Course. To be eligible for the refund, you must submit a written request no later than fourteen (14) calendar days from the purchase date of the e-Course Services. To request a refund, you must send an email to email@example.com. For the avoidance of doubt, if you are outside the fourteen (14) calendar days refund window, or you have watched/opened/viewed more than fifteen percent (15%) of the e-Course you shall not be eligible for a refund under any circumstances.
Acceptable Use of the Website
You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation, (ii) in a manner that infringes upon Empiricus’ Intellectual Property Rights (as defined below) or upon any third-party’s intellectual property rights, (iii) in a manner that violates the privacy or other personal rights of third parties, (iv) that is defamatory, damaging, disruptive, obscene, threatening, abusive or hateful, and/or (v) in order to upload, post, email, transmit, or otherwise make available any content that (a) is deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; and (b) incites, encourages or threatens immediate physical harm against another including, but not limited to (1) promoting racism, bigotry, sexism, religious intolerance or harm against any group or individual, or (2) contains material that solicits personal information from anyone under the age of eighteen (18) or exploits anyone in a sexual or violent manner.
When accessing the Website, you shall be prohibited from:
using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website;
taking any action that imposes an unreasonable or disproportionately large data load on the Website’s infrastructure;
copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without Empiricus prior written consent;
accessing, tampering with, or use non-public areas of the Website of Empiricus’ computer systems and/or of its third-party providers’ technical delivery systems;
probing, scanning, or testing the vulnerability of any of Empiricus’ system or network or breach or circumvent any of Empiricus’ security or authentication measures;
accessing, searching or attempting to access or search the Website (by any means other than through Empiricus’ currently available, published interfaces that are provided by Empiricus, unless You has been specifically allowed to do so in a separate agreement with Empiricus;
reverse-assembling, reverse-engineering, decompiling or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
attempting to access any area of the Website to which access is not authorized;
using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website;
conducting any systematic or automated data collection activities on or in relation to the Website, including but not limited to data scraping, mining, extraction, harvesting, framing and article spinning, without Empiricus’ prior written consent;
using manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website;
uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
disrupting or interfering with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website;
uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
intentionally or unintentionally violating any local, state, federal, national or international law, in addition to any rules of any nation or other securities exchange, and any regulations having the force of law;
impersonating any other person or entity, sell your profile, provide false or misleading identification, payment or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; and/or
collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
No Provision of Professional Advice
The Services and any opinions, advice, statements or other information available on the Website, are provided for informational and educational purposes only. Empiricus shall not be responsible or liable for (i) the accuracy, usefulness or availability of any information transmitted via the Website and/or Services, and (ii) any business or personal decisions made by you which is based on any information made available to you on the Website and/or Services.
Empiricus is not a business consultant or advisor and as such has no intention of providing you with legal, tax, financial, trading, business or investment advice. Your personal and business situation is unique, and as such, any information and advice obtained through the Services may not be appropriate or suitable for your situation. Accordingly, before making any decisions or implementing any business strategy, it is recommended that you consider obtaining additional information and advice from a professional business advisor who shall be privy to the details of your individual business situation.
All content, the e-Course, videos, trademarks, third-party logos and names, data, software, or information contained in any materials, or documents used by Empiricus in relation to the Website and Services, including, but not limited to, any and all copyrighted works, databases, text, tools, software, technology, algorithms, graphics, icons, designs, logos, hyperlinks, domain names, codes, and agreements (“Materials”), are the sole and exclusive property of or are licensed to Empiricus and as such all updates and modifications to the Website and Services will vest in us or our licensors. You may not reproduce, distribute or copy the Materials by any means, whether electronically or not, without our prior written permission.
Any and all intellectual property rights in the Materials, Website and Services, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Materials and Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Empiricus’ Intellectual Property Right(s)”), vests solely and exclusively in Empiricus, its group affiliates (if any), licensors or vendors, as the case may be. All rights not expressly granted by Empiricus to you are reserved by Empiricus. Save as expressly set out herein, you shall not acquire any right, title or interest in Empiricus’ Intellectual Property Rights.
Disclaimer of Warranties
Unless otherwise provided under these Terms, the Services shall be provided by Empiricus to you "as is," and “as available” with all faults, defects, bugs, and errors.
EMPIRICUS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE SERVICES ON THE WEBSITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION. SUCH EXCLUSIONS OF IMPLIED WARRANTIES APPLY WITHIN THE EXTENT PERMITTED BY LAW.
EMPIRICUS AND/OR ITS GROUP AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF (i) THE INFORMATION CONTAINED ON THE WEBSITE AND SERVICES, AND (ii) RELATED GRAPHICS PUBLISHED ON THE WEBSITE AND SERVICES FOR ANY PURPOSE. EMPIRICUS AND/OR ITS GROUP AFFILIATES (IF ANY) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED ON THE WEBSITE AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE AND/OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES.
NEITHER EMPIRICUS NOR ITS GROUP AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION.
EMPIRICUS PROVIDES YOU WITH THE SERVICES ON THE WEBSITE IN GOOD FAITH AND AS SUCH MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) ANY DEFECTS ON THE WEBSITE AND/OR SERVICES WILL BE CORRECTED, OR (IV) THE WEBSITE AND SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
THE INFORMATION FOUND ON THE WEBSITE AND WITHIN THE E-COURSE IS ONLY FOR INFORMATIONAL PURPOSES ONLY. EMPIRICUS WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF SUCH INFORMATION. ALL INFORMATION AND CONTENT ON THE WEBSITE AND E-COURSE IS COPYRIGHTED, AND MAY NOT BE REPUBLISHED, COPIED, SOLD OR POSTED ANYWHERE ONLINE OR IN PRINT. DOING SO WILL BE AGAINST THE LAW AND VIOLATORS WILL BE PROSECUTED ACCORDINGLY.
EMPIRICUS DOES NOT WARRANT OR GUARANTEE THAT ANY SUCCESSFUL COMMERCIAL RESULTS OR PROFITS WILL BE OBTAINED BY YOU AS A RESULT OF USING THE WEBSITE AND SERVICES. AS SUCH, EMPIRICUS WILL NOT BE LIABLE FOR ANY FAILURE, OR ANY LOSS OR DAMAGES INCURRED/SUSTAINED BY YOU, AS REGARDS TO YOUR USE OR INABILITY TO USE THE WEBSITE AND SERVICES.
You agree to indemnify and hold Empiricus harmless from and against any liability, demand, damages, cost, or expense arising from any third-party claim based on: (i) your violation of these Terms; (ii) your use or misuse of the Services; (iii) your access and participation in the Services; and/or (iv) your infringement of Empiricus’ Intellectual Property Rights. Empiricus shall indemnify and hold you harmless from and against any liability or expense arising from a third-party claim based on any Negligence of Empiricus. “Negligence” shall mean gross negligence or intentional misconduct.
In the event of a claim subject to indemnification hereunder, the indemnified Party shall: (i) promptly notify the indemnifying Party of the claim, (ii) provide the indemnifying Party with reasonable cooperation and assistance, at the indemnifying Party’s expense, to defend such claim; and (iii) allow the indemnifying Party the opportunity to assume the control of the defense and settlement of such claim. The indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim. The indemnifying Party must obtain the prior written approval from a duly authorized signatory of the indemnified Party prior to entering into any settlement affecting the indemnified Party’s rights.
Limitation of Liability
EMPIRICUS, ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD-PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE AND/OR FROM YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF EMPIRICUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WHILE EMPIRICUS STAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, EMPIRICUS AND ITS AFFILIATES (IF ANY), LICENSORS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE WEBSITE AND/OR THROUGH YOUR USE OF THE SERVICES.
YOU ACKNOWLEDGE THAT THE WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY, AND ANY MATERIAL OR INFORMATION CONTAINED IN THE SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSED ONLY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, EMPIRICUS (INCLUDING ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE TOTAL AMOUNTS PAID BY YOU TO EMPIRICUS FOR THE SERVICES.
Third Party Links and Resources
The Website and/or Services may contain links and/or ads to third-party websites or resources. You acknowledge and agree that Empiricus shall not be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links and ads to such websites or resources do not imply any endorsement by Empiricus of such websites or resources or the content, products, or services available from such websites or resources.
Your communications, interactions or business transactions/dealings with any third party found on or through the Website and/or the Services, including any such third party’s terms, conditions, warranties or representations associated with such communications, interactions or business transactions/dealings, shall be solely between you and such third party. You acknowledge and agree that Empiricus shall not be liable for any loss or damage incurred by you as the result of any communication, interaction, business transaction or other dealings you may have with any third party found through (i) the Website and/or (ii) your use of the Services.
Suspension and Termination
Empiricus may suspend or temporarily disable access to all or part of the Website, User Account, or Services if (i) Empiricus suspects you of partaking in any illegal activity; (ii) Empiricus reasonably believes that you have violated these Terms; or (iii) applicable law enforcement or other government agencies have requested Empiricus to suspend or temporarily disable your access to the Website and/or Services.
If Empiricus breaches any of its obligations under these Terms, you may terminate these Terms and close your User Account. Upon, your termination of these Terms and closing of your User Account, Empiricus may (i) block your access to all of the Website, (ii) block your use of the Services, and (iii) disable your User Account, and (iv) delete all of your data in your User Account, including but not limited to your full name, address, contact information, email address and password.
If any dispute or difference shall arise between the Parties as to the meaning or application of these Terms, the rights or liabilities of the Parties or otherwise in relation to these Terms, then (without prejudice to any other express or implied rights or powers) the dispute or difference (“Dispute") shall be determined as follows:
A Party must not commence arbitration or court proceedings (except proceedings seeking interlocutory relief) relating to a Dispute arising under these Terms unless it has complied with this Section 15.
A Party claiming that a Dispute has arisen under these Terms must give the other Party written notice of the particulars of the Dispute.
In the event of a Dispute, difference or claim between the Parties hereto, arising out of the use of the Website or Services; or in any way relating to these Terms, or any term, condition or provision herein mentioned or the construction or interpretation thereof or otherwise in relation hereto, the Parties shall first endeavor to settle such difference, dispute, claim or question by mutual discussion, failing which the same shall be referred to the American Arbitration Association in Delaware (USA), or any statutory modification or re-enactment thereof for the time being in force.
Governing Law and Jurisdiction
These Terms shall be construed in accordance with the laws of the state of Delaware (USA). You agree that in respect of any dispute arising upon, over or in respect of any of the terms and conditions of these Terms, only the American Association of Arbitrators in Delaware (USA) shall have jurisdiction to try and adjudicate such dispute to the exclusion of the Delaware Court system.
The Parties’ respective obligations under these Terms are non-exclusive and nothing herein is intended to restrict you from accessing or using any other third-party’s services, even if such services are similar to the Services provided by Empiricus to you, on the Website.
If any of the provisions or portions of these Terms are held to be invalid under any applicable statute or rule of law, such provisions or portions are to that extent deemed to be omitted from these Terms without in any way invalidating or impairing the other provisions of these Terms.
A Party’s failure or delay in enforcing any provision of these Terms will not operate as a waiver of the right to enforce such provision or any other provision of these Terms at any time. A waiver of any provision of these Terms shall be in writing, specify the provision to be waived and signed/executed by the applicable Party agreeing to the waiver.
Neither these Terms nor any rights under these Terms may be assigned or otherwise transferred by the Parties, whether voluntarily or by operation of law, without the prior written consent of Empiricus. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the Parties and their respective successors and assigns. Any assignment in violation of the foregoing will be null and void.
Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, courier or to firstname.lastname@example.org.
These Terms represents the entire agreement between the Parties relating to the subject matter hereof. These Terms alone fully and completely expresses the agreement of the Parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written or oral, except as set forth herein.
Should you have any questions concerning these Terms and/or any issues or concerns about the Website and/or Services you may contact Empiricus at email@example.com.
Effective Date: January 15th, 2021