Connect-Empower Website Terms of Use
(Last updated July 31, 2023)
We are Connect-Empower, LLC, (herein “Connect-Empower” or Our” or “We” or “Us”). We are an Idaho limited liability company with principal offices located at 6700 North Linder Road, Ste, 156, PMB 323, Meridian, ID 83646. These Website Terms of Use, (“Terms”), are a legally binding and enforceable contract and agreement between You and Us and these Terms govern Your use of this Website: www.connect-empower.com. As used herein, “Website” means and includes all text, data, information, reviews, comments, posts, software, graphics, photographs, videos, books, publications, products, or services, (collectively “Content”), that We may make available to You on this Website.
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE IN ANY MANNER OR CAPACITY BEYOND READING THESE TERMS MEANS: (i) YOU ARE AT LEAST 18 YEARS OF AGE; AND (ii) YOU HAVE READ AND UNCONDONDITIONALLY ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE OR BROWSE THIS WEBSITE.
THESE TERMS SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE WEBSITE. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND ITS CONTENT (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON IF WE REASONABLY CONSIDER THAT SUCH PERSON IS IN BREACH OF THESE TERMS, OUR ACCEPTABLE USE POLICY, OR OF ANY APPLICABLE LAW OR REGULATION, INCLUDING, WITHOUT LIMITATION, BREACHES OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE. WE MAY TERMINATE YOUR USE OF THIS WEBSITE OR YOUR ACCOUNT WITH US, IF ANY, AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IF IN OUR SOLE DISCRETION WE CONSIDER THAT YOU HAVE BREACHED, OR ARE LIKELY TO BREACH, ANY OF THESE TERMS.
Access
When You access this Website, You are responsible for complying with these Terms as well as any and all use of this Website through any account that You may setup through this Website. Some Content will only be available to You if You set up an account with Us first. In such event, You agree to provide true, accurate, current, and complete information to Us. If you have an account, You are responsible to obtain and maintain all equipment, services and software needed for access to and use of this Website as well as paying related charges and costs. It is also Your responsibility to maintain the confidentiality of Your password(s). Should You believe Your password or other security information for this Website has been breached in any way, You must immediately notify Us. At times, We may collect certain personal information about You in connection with Your access and use of this Website. Our use of any such information is governed by Our online privacy statement.
Website Permitted Uses and Prohibited Uses
You are permitted to use this Website for Your personal and business and educational and informational purposes, (“Permitted Uses”). You have no rights in this Website or any Content. We authorize You to use the Website for the Permitted Uses and not for any other use. All rights in This Website are and remain the property of Connect-Empower. You cannot use the Website and/or Content in a manner that:
- Violates any law, rule or regulation;
- Is false, deceptive, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
- Violates the rights of others;
- Circumvents, disables, or otherwise interferes with security features of this Website;
- Engages in unauthorized framing of or linking to this Website;
- Tricks, defrauds, or misleads Us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- Engages in any automated use of the Website or its Content, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- Interferes with, disrupts, or creates an undue burden on the Website or the networks or services connected to the Website;
- Attempts to impersonate another user or person or use the username of another;
- Uses any Content obtained from the Website to harass, abuse, or harm another person;
- Deciphers, decompiles, disassembles, or reverse engineers any of the software comprising or in any way making up a part of the Website or its Content;
Disclaimer
THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU. CONNECT-EMPOWER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. WE DO NOT PROMISE YOU THAT THIS WEBSITE IS ERROR-FREE. We make no warranty or representation that this Website will meet your individual needs or requirements or expectations or that this Website will be uninterrupted or that defects in this Website will be detected and corrected. We may experience hardware, software, or other problems or need to perform maintenance related to the Website resulting in interruptions, delays, or errors. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused to You by Your inability to access or use this Website during any downtime or discontinuance of the Website. We make no warranty or representation as to the results that may be obtained from Your use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by You via this Website or its Content creates any warranties.
Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, IN NO EVENT WILL CONNECT-EMPOWER, OR ITS MEMBERS, AGENTS, EMPLOYEES, REPRESENTATIVES OR SUPPLIERS BE LIABLE FOR: (i) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; OR (ii) DAMAGES THAT EXCEED FIFTY DOLLARS ($50.00 $USD) IN TOTAL, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the above disclaimers and limitations of liability may not apply to You. In such event, We disclaim all warranties and limit our liability to the maximum extent permitted under such applicable law.
Submission(s) and Contributions to This Website
Certain areas of this Website may permit You to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other Content, (each, a “User Submission”). You agree that You are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will have any recourse through Us or any third party to edit or delete any User Submission You have submitted. In submitting a User Submission, You: (i) voluntarily and irrevocably and unconditionally waive all rights and interests that You may in your User Submission; (ii) warrant and promise that Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; (ii) warrant and promise that Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and (iv) warrant and promise that Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional Content, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use, (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service); and,
- Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.
Links on Our Website to Third-Party Websites
We may have provided links on this Website to third-party websites, (“Third-Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties, (“Third-Party Content”). If so, and if You use these links, You will leave this Website. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us and We are not responsible for any Third-Party Websites accessed through Our Website including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Us. If You decide to leave this Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at Your own risk, and You should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from this Website or relating to any applications you use or install from this Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and We take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable Third-Party. You agree and acknowledge that We do not endorse the products or services offered on Third-Party Websites and you shall hold Us harmless from any harm caused by Your purchase of such products or services and from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Linking To This Website
We may allow You to create links to this Website from other websites. In such event, You must comply with the following terms and all applicable laws if You provide anyone with a link to this Website:
- You may link to, but may not copy, any Content;
- You shall not imply that We endorse or are affiliated with any such website that links to this Website;
- You shall not misrepresent Your relationship with Us;
- You shall not present false or misleading information about Us or Our products or services;
- The website that links to this Website shall not contain content offensive or false content;
- The website that links to this Website shall contain only content that is appropriate for all age groups.
International and Export Issues
Connect-Empower administers this Website from its principal offices in Meridian, Idaho. We make no representation that this Website is appropriate or available for use outside the United States. Access of This Website from outside the United States is done at Your own initiation and risk and You are responsible for compliance with applicable laws.
Indemnification
You agree to indemnify, defend, and hold harmless Connect-Empower, and its members, principals, agents, employees, representatives and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of Your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to reasonable cooperate with Us in defense of such claim.
Electronic Communications
When you visit this Website or send e-mails to Us, You are communicating with us electronically. We may respond to You by e-mail or by posting notices on this Website. You agree that all such notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Entire Agreement; Governing Law
This Agreement constitutes the entire agreement between You and Us with respect to the subject matter hereof. This Agreement shall be construed under the laws of the State of Idaho, without giving effect to the principles of conflicts of law thereof. All lawsuits arising from or relating to these Terms or Your use of this Website shall be brought in the Federal or State courts located in Ada County, Idaho and You hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Miscellaneous
Our failure to exercise or enforce any of these Terms shall not constitute a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. You are prohibited from assigning Your rights and obligations under this Agreement. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. You and Connect-Empower are independent contractors with respect to each other and shall so represent the same to all persons in all respects. There is no joint venture, partnership, employment, or agency relationship created between You and Us as a result of these Terms or your use of the Website or its Content. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Website and Terms Subject to Change
We reserve the right, in Our sole discretion, to suspend or discontinue this Website or any of its Content at any time without notice to You. We may, in Our sole discretion, change these Terms from time to time without notice to You. If You object to this Website or any changes to these Terms, Your sole recourse shall be to cease using this Website. Nothing in these Terms shall be construed to obligate Us to maintain or keep this Website or its Content or to supply any corrections, updates, or releases in connection therewith.
California Users and Residents.
If any complaint with Us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
