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We may revise these Terms at any time. We'll post notice of modifications to these terms on this page. Your continued usage of these Services will mean you accept those changes. If you do not agree to the modified terms, please discontinue your use of the Services.
By visiting the Services and accepting these Terms, you represent and warrant to Empire that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to Empire that you will use the Services in a manner consistent with any and all applicable laws and regulations.
3. USE RESTRICTIONS
The content on these Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Empire's licensors, and other materials (“Contents”) is protected by copyright under both United States and foreign laws. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Empire or its licensors.
As long as you comply with these Terms, Empire grants you a non-exclusive limited, non-transferable license to use the Services. You may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades Empire implements to replace and/or supplement the original Services, unless the upgrade is accompanied by separate or updated Terms. If you violate any of these Terms, you may no longer use the Contents and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without Empire's written permission, “mirror” any Contents contained in these Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. Empire reserves the right, in its sole discretion, to terminate your access to the Service, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
4. USER SUBMISSIONS
Except as provided under Submission of Ideas (below), Empire does not claim ownership of any information or material a user provides to Empire or posts, uploads, input, submits, or transmits to these Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or engage in “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of Empire, exposes Empire or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Empire. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Empire a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Empire is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Empire is not responsible for the consequences of any Submission. Empire is not responsible for screening or monitoring Submissions made to this Services by users. If notified by a user of a Submission allegedly in violation of these Terms, Empire may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Empire will have no liability or responsibility to users for performance or nonperformance of such activities.
Empire reserves the right (but is not obligated) to: (a) record the dialogue on the Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the Service upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Services, regardless of whether such Submission violates these Terms.
5. SUBMISSION OF IDEAS
Empire policy is to not accept or review unsolicited ideas or suggestions from persons outside Empire. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to Empire through these Services or otherwise shall be the property of Empire, and may be treated by Empire as non-confidential information. Empire shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.
Any and all offers or promotions advertised on these Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
7. LIABILITY OF EMPIRE AND ITS LICENSORS AND PARTNERS
The use of the Services or the Contents is at your own risk. The Contents in this Services could include technical inaccuracies or typographical errors. Empire may make changes or improvements at any time.
THE CONTENTS IN THIS SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EMPIRE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EMPIRE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMPIRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EMPIRE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8. YOUR ACCOUNT
If you use these Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Empire reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
9. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES
The Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Empire does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Empire is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. You agree that Empire shall have no liability for any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Services does not indicate Empire’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Services, or based on such third party’s participation or presence on the Services, are solely between you and the third party. Empire makes no representations or warranties regarding the content, ownership, or legality of any linked third party website. If you choose to leave the Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
You agree to defend, indemnify, and hold Empire, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Contents, or your violation of these Terms.
11. MODIFICATION OR SUSPENSION OF THE SERVICES
You agree that Empire may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
12. APPLICABLE LAWS
These Terms are governed in accordance with the laws of Pennsylvania, United States of America , without regard to its conflict of law provisions. You and Empire hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Philadelphia , Pennsylvania for the adjudication or disposition of any claim, action or dispute arising out of these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Empire makes no claims that the Contents are appropriate or may be downloaded outside of the United States. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
13. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Empire or Empire's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Empire may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND EMPIRE ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The arbitration will be conducted by JAMS under its rules, including the JAMS Consumer Minimum Standards The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration.
You and Empire must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) Empire will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Empire will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law. Other than disputes regarding the validity of the class action waiver contained herein, which disputes may be resolved only by a civil court of competent jurisdiction, all disputes regarding the scope and validity of this arbitration agreement will be resolved by the arbitrator.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Pennsylvania.
14. NOTICE AND TAKE DOWN PROCEDURES
If you believe any Submission accessible on or from the Services infringes your copyright, you may request removal of those materials (or access thereto) from these Services by contacting Empire (address identified below) and providing the following information:
Our address for copyright issues relating to this website is as follows:
396 Pottsville / St. Clair Highway
Attn: Office of the President
If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to Empire Designated Agent within thirty (30) days of the date the Content was removed from the Services. A counter-notification must be a written communication that includes substantially the following:
Upon receipt of a counter-notification in accordance with the above, Empire shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform Empire that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Services. If Empire receives such notification within ten (10) business days, Empire shall not replace the removed Content or cease disabling access to it. If Empire does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Services, then Empire shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.
In accordance with the DMCA and other applicable law, Empire may, in appropriate circumstances, at Empire sole discretion, terminate access to the Services of any user that Empire finds to be a repeat infringer. Empire reserves the right to define the criteria by which Empire will determine that a user is a “repeat infringer.” In the event that “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512, Empire will adopt that definition as a minimum standard. Without limiting Empire right to define “repeat infringer,” as a general rule, Empire will define a “repeat infringer” as any person or entity about whom Empire has received three or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. Empire will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a “repeat infringer” is appropriate.
If you believe that a user is a repeat infringer, please follow the instructions above to contact Empire Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.
In an effort to protect the rights of copyright owners, Empire maintains a policy for the termination, in appropriate circumstances, of users of these Services who are repeat infringers.
15. COMPLETE AGREEMENT