Terms of Use
These terms of use (“Terms”) govern your access and use of the website and services (collectively, the “Services”) provided by Empirika LLC (“we”, “us”, or “our”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
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Eligibility
You must be at least 18 years old to access or use the Services. You must also have the legal authority and capacity to enter into these Terms and to comply with all applicable laws and regulations.
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Registration
You may need to register for an account to access or use some of the Services. You are responsible for providing accurate and complete information when registering and for keeping your account information updated. You are also responsible for maintaining the security and confidentiality of your account and password and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized access or use of your account or password.
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License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own personal or internal business purposes, subject to these Terms and any other policies or guidelines that we may post on the Services. You may not copy, modify, distribute, sell, lease, rent, sublicense, or otherwise transfer any part of the Services or any content or data provided by us or our clients, partners, or service providers through the Services. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or algorithms of any part of the Services. You may not use the Services for any illegal, fraudulent, abusive, or harmful purpose or in any way that interferes with the normal operation or availability of the Services.
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Intellectual Property
We and our licensors own all rights, title, and interest in and to the Services and all related content, data, software, trademarks, logos, and other intellectual property. Nothing in these Terms grants you any right, title, or interest in or to any of our intellectual property except as expressly stated herein. You agree not to infringe or violate any of our intellectual property rights or those of our licensors.
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User Content
You may be able to upload, submit, post, or share content or data through the Services (“User Content”). You retain all rights in and to your User Content but you grant us a non-exclusive, royalty-free, worldwide license to use, store, reproduce, modify, distribute, display, and create derivative works from your User Content as necessary to provide the Services to you and our clients. You represent and warrant that you have all necessary rights and permissions to upload, submit, post, share, and license your User Content and that your User Content does not infringe or violate any third party rights or applicable laws and regulations.
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Feedback
You may provide us with feedback, suggestions, comments, or ideas about the Services (“Feedback”). You agree that we may use your Feedback for any purpose without any obligation or compensation to you. You grant us a non-exclusive, royalty-free, worldwide license to use, store, reproduce, modify, distribute, display, and create derivative works from your Feedback as we see fit.
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Disclaimer
The Services are provided “as is” and “as available” without any warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, secure, accurate, complete, or reliable. We do not warrant that the Services will meet your requirements or expectations or that any results obtained from the Services will be correct, useful, or reliable. We do not warrant that any defects or errors in the Services will be corrected. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
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Limitation of Liability
To the fullest extent permitted by law, we will not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with these Terms or your access or use of or inability to access or use the Services. This includes but is not limited to damages for loss of profits, data, goodwill, or other intangible losses. This also includes damages resulting from any errors, omissions, interruptions, defects, delays, viruses, malfunctions, hacks, or failures in the Services or any content or data provided by us or our clients partners or service providers through the Services. This limitation of liability applies regardless of whether we have been advised of or should have been aware of the possibility of such damages. In no event will our total liability to you for all claims arising out of or in connection with these Terms or your access or use of or inability to access or use the Services exceed the amount paid by you to us for the Services in the 12 months preceding the claim.
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Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, partners, and service providers from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or in connection with your access or use of the Services, your User Content, your Feedback, your violation of these Terms, or your violation of any third party rights or applicable laws and regulations. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in defending such matter.
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Termination
We may terminate or suspend your access to or use of the Services at any time, for any reason, without notice or liability to you. You may also terminate your account at any time by contacting us using the details below. Upon termination, your license to access and use the Services will cease and you must delete or destroy any copies of any part of the Services in your possession. Any provisions of these Terms that by their nature should survive termination will survive termination, including but not limited to intellectual property, disclaimer, limitation of liability, indemnification, and governing law.
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Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws principles. Any dispute arising out of or in connection with these Terms or your access or use of the Services will be subject to the exclusive jurisdiction of the federal and state courts located in Hartford County, Connecticut. You waive any objection to the venue or jurisdiction of such courts.
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General
These Terms constitute the entire agreement between you and us regarding your access and use of the Services and supersede any prior or contemporaneous agreements or understandings on such subject matter. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. We may assign or transfer our rights and obligations under these Terms to any third party without your consent. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
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How do you contact us?
If you have any questions or comments about these Terms or our Services, please contact us at: Empirika LLC 91 Gregory Road, Bristol, CT 06010 USA Email: info@empirika.com