EmpowerMe Wellness Website Terms of Use
Last Updated: January 7, 2022

I.  INTRODUCTION

 

Welcome to the website for EmpowerMe Wellness (referred to hereinafter as the “Site”).  This Site provides you with general information about EmpowerMe Wellness (also referred to hereinafter as “we” or “us”) and includes the main domain and any sub-domains, as well as the features, functionality, content, products, and services made available by us on or through the Site.

 

Terms of Use.  Please read these Terms of Use (“Terms of Use”) carefully. These Terms of Use set forth legally binding terms and conditions, and govern this Site as well as any features, functionality, applications, content, products and services made available by us on or through this Site.  By accessing or using the Site, on behalf of yourself and your company, you accept and agree to be legally bound by these Terms of Use.

 

Privacy Policy; Additional Terms. Your use of the Site is governed by these Terms of Use as well as our Privacy Policy. Certain areas of the website may be subject to additional terms and conditions posted by us on the Site or otherwise made available by us to you.  Your access to and use of the Site is conditioned upon your acceptance of such additional terms and conditions.

 

Changes to these Terms of Use. We reserve the right to amend these Terms of Use from time to time.  Any amendments shall be effective when posted by us on the Site or otherwise made available to you.  Your access to and use of the Site after we have modified these Terms of Use shall signify your acceptance of the amended terms.  It remains your responsibility to review these Terms of Use regularly to ensure that you are updated as to any changes.

 

Contacting Us.  If you have questions about these Terms of Use or any other questions or comments concerning the website, please contact us at [email protected].

 

II.  RESPONSIBLE BEHAVIOR

 

Permitted and Prohibited Conduct.  The Site is provided for your personal, non-commercial use, and access to and use of the Site is void where prohibited.  The following is a partial list of activities that are prohibited on this Site.  You agree not to:

 

  • use the Site for advertising, promotional, or other commercial purposes;
  • attempt to impersonate another user;
  • submit content that is illegal, unlawful, harmful, threatening, abusive, obscene, offensive harassing, defamatory, libelous, false, deceptive, misleading, unsafe, invasive of another’s privacy, or endangers minors in any way;
  • transmit “junk mail,”  “chain letters,” “pyramid schemes,” “spam,” or other unsolicited mass mailings or communications;
  • promote criminal or illegal activity, including advertising any illegal service or offering any items for sale which are prohibited or restricted by any applicable law;
  • infringe, misappropriate, or violate the copyrights, trademarks, or other intellectual property or proprietary rights, rights of privacy or publicity, or other rights of any third party, or violate any contractual, fiduciary or other duty or obligation;
  • contact anyone who has asked not be contacted;
  • “stalk” or otherwise harass anyone;
  • collect personal data about other users for commercial, unlawful, or any other purposes;
  • engage in any automated use of the Site, such as using scripts to add users or post content;
  • use automated means, including spiders, robots, crawlers, or data mining tools to download data from the Site; or
  • attempt to gain unauthorized access to our network or computer systems, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site.

 

Termination; Indemnification.  We reserve the right to terminate your access to or use of the Site at any time and for any reason, with or without prior notice to you, including if you violate any provision of these Terms of Use, or use the Site in a manner for which it is not intended to be used.  These Terms of Use, will survive and remain in effect even after such termination. You agree to indemnify and hold us harmless from and against any and all claims, suits, damages, liabilities, losses, judgments, awards, settlements, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or resulting from your use or misuse of the Site or your violation of these Terms of Use.

 

III.      OUR RIGHTS IN THIS WEBSITE

 

We reserve all right, title, and interest in and to the Site, including but not limited to all materials, information, and compilations of information available on or through the Site, as well as the domain name and sub-domains, design, layout, graphics, programming code and “look and feel” of the Site, the copyrights, trademarks, service marks, and trade dress related thereto, all goodwill arising therefrom, and all other intellectual property and other proprietary rights embodied therein and appurtenant thereto.  You agree that you will have no rights in or to any of the foregoing, express or implied, other than a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use in accordance with these Terms of Use and all applicable laws and regulations.   You may not modify, reproduce, distribute, sell, or create derivative works based upon the Site, or post any content from the Site to newsgroups, mail lists, or electronic bulletin boards.

 

From time to time, you may provide us with suggestions, comments, ideas, or other feedback for the Site or the products, services, or information featured on the Site (“Feedback”).  You acknowledge and agree that you relinquish all rights in such Feedback and that EmpowerMe Wellness, its successors and assigns shall be free to use, disclose and otherwise commercialize and exploit such Feedback free of any and all claims by or monetary obligations to you or proprietary, confidentiality or other restrictions of any kind, including without limitation for purposes of developing improvements to EmpowerMe Wellness’ Site and services

 

IV.  PRIVACY POLICY

 

These Terms of Use, and your submission and our use of personal information, is further subject to the Privacy Policy for this Site, available at www.empowerme.com.

 

V.  COPYRIGHT POLICY

 

You may not use this Site to post, modify, distribute, or reproduce any copyrighted works of third parties, or otherwise infringe, misappropriate, or violate the intellectual property rights of any third party.  It is our policy to terminate posting privileges by users who repeatedly infringe the copyrights of others upon receipt of proper notification by the copyright owner or its legal agent.  If you believe that your work has been posted or used on this Site in a way that constitutes copyright infringement, please provide our Copyright Agent with written notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) identification of the copyrighted work (or in the case of multiple works, a representative list of such works) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and the location of that material; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright interest that allegedly is infringed. Our Copyright Agent for notice of claims of copyright infringement may be reached by mail at: Copyright Agent, EmpowerMe Wellness, 1335 Strassner Drive, St. Louis, MO 63144; by phone at: +1 844-502-7996; or by email at: [email protected].

 

VI.  LINKS TO AND FROM THIS WEBSITE

 

Links to Third-Party Websites.  The Site may contain links to other websites, including links posted by users or advertisers. We do not take any responsibility for monitoring these links, and inclusion of these links should not be construed as any sort of affiliation, sponsorship, endorsement, or approval. When you access a third-party website, you do so at your own risk.  You should review the privacy policies of other websites carefully before providing any information to such websites.  We shall not be responsible or liable for any information, opinions, goods or services available on or through any third-party website, or any third-party website’s privacy practices.

 

Links to This Site.  We ask that you notify us in advance of your intention to link to this Site by emailing us at [email protected]. You may not display this Site in frames (or any of the content found on this Site via inline links) without express written permission from us.

 

VII.     DISCLAIMER

 

This site, and all products, services, information and materials made available on or through this site, are provided on an “as is” and “as available” basis, and all use of the site is “at your own risk.”  EmpowerMe wellness, its directors, officers, employees, agents, and affiliates make no representations or warranties of any kind, express or implied, regarding the site, or the products, services, information and materials made available on or through the site, and expressly disclaim any warranties of merchantability or fitness for a particular purpose.  We do not represent or warrant that your use of the site will be uninterrupted or error-free, or that any products, services, content, information or materials available on or through the site will be true, accurate, complete, current, free from viruses or other malicious code, or free from typographical errors or alterations by third parties.

 

VIII.   LIMITATIONS ON LIABILITY

 

To the maximum extent permitted by applicable law, (a) in no event shall EmpowerMe wellness, its directors, officers, employees, agents or affiliates be liable for any indirect, consequential, special, incidental, exemplary, punitive, or similar damages arising out of or related to your access to or use of the site, and (b) the total cumulative liability of EmpowerMe wellness, its directors, officers, employees, agents or affiliates arising out of or related to your use of the site shall not exceed the greater of: (i) the total fees (if any) paid by you to use the site in the three (3) months preceding the first such claim; or (ii) one dollar ($1), in each case regardless of the form of action, whether in contract, tort, or otherwise, even if advised of the possibility of such damages.  The existence of more than one claim or suit shall not expand this limitation.

 

IX.  MISCELLANEOUS
Governing Law.  This Site is hosted in the United States of America.  These Terms of Use and the relationship between you and us relating to your access to your access to and use of the Site shall be governed by and interpreted in accordance with the laws of the State of Missouri, USA for all purposes, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction.

 

Jurisdiction and Venue.  You agree to submit to the personal jurisdiction of the state courts of St. Louis County, Missouri, and the U.S. District Court of the Eastern District of Missouri for any dispute, claim or action arising out of or related to these Terms of Use or your access to or use of the Site, and hereby waive any objections to the exclusive personal jurisdiction and venue of such courts, including without limitation any objections based on forum non conveniens; provided, however, that the foregoing shall not prevent us from seeking temporary or permanent injunctive or other equitable relief against you in any court of competent jurisdiction.

 

Assignments.  You may not assign these Terms of Use or assign or delegate any right or duty under these Terms of Use, in whole or in part.  Any attempted assignment or delegation shall be null and void from the beginning and without further effect.  We may assign these Terms of Use or any right or duty under these Terms of Use, with or without notice to you, including to any affiliate or successor in interest.  Subject to the foregoing, these Terms of Use shall be binding on and inure to the benefit of you and us, and each of our respective representatives, heirs, administrators, successors, and permitted assigns.

 

Entire Agreement.  These Terms of Use set forth the entire agreement of the parties with regard to the subject matter hereof and supersedes all prior and contemporaneous negotiations and agreements, written or oral.  No provision of these Terms of Use shall be waived by any act, omission, or knowledge of a party.  Any waiver on one occasion shall not constitute a waiver of any other or subsequent duty or breach.  The Section headings in these Terms of Use are for reference purposes only and shall not affect the meaning or interpretation of these Terms of Use. The term “including” as used herein means “including without limitation.”  If any provision of these Terms of Use is determined to be invalid or unenforceable under applicable law, the provision shall be amended and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of these Terms of Use shall continue in full force and effect.