Empower Dataworks LLC Terms of Service
Last Updated: November 25th, 2018
II. The ServiceThe Service is defined as any website, mobile application, newsletter, program, other content, or Internet service under Empower Dataworks’s control, whether partial or otherwise, used in connection with providing the services provided by Empower Dataworks LLC and crammables.com. The Service provides a platform for student enhancement and other information related to student advancement and careers. Recommendations Are For Informational Purposes Only. The Company is not a school or career counselor. All material contained the Website and the Services is to be used as a guide only. The Services are not intended to, and do not, constitute professional educational or career advice. For specific advice in relation to your educational matters or career, please contact your professional advisor and counselor.
III. Your Account and Account CommunicationsCompany may communicate with you by email or posting notice on the Service. You may request that we provide notice of security breaches in writing. You agree to receive email from us at the email address you provided to us for informational or operational purposes, such as newsletters, billing, account management, or system maintenance. Electronic Notices. By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org
IV. Company’ Content Ownership and UseCompany owns all of the content we create, but you may use it while you use the Service. Any products or materials you acquire through our site are for your personal use only and may not be shared, copied, transferred, posted to the Internet in any way. All sales are final. You cannot use our logo without our written permission. The contents of the Service include: digital downloads, personal services, text, graphics, images, video, information, logos, software, audio files, computer code, and other Company content (collectively, “Company Content”). All Company Content and the compilation (meaning the collection, arrangement, and assembly) of all Company Content are the property of Company or its licensors or principals and are protected under copyright, trademark, and other laws. License to You. Company grants you, subject to these Terms, a limited license to access and use the Service and the Company Content solely for the use of Company’s Services, at the Company’s discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Company Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Company Content on any copy you make of the Company Content. Purchased Services Upon your payment of necessary fees to purchase student coaching or career coaching or courses, or other services via the website (“Purchased Services”), we grant you a non-exclusive, non-transferable right to use those services for your personal, non-commercial use, solely through the Service and subject to and in accordance with these Terms and any other agreements that we may enter into with you. You represent, warrant, and agree that you will use the Purchased Services solely for your personal, non-commercial, entertainment use, and not for any redistribution or any other purpose. You agree not to infringe the rights of the copyright owners and to comply with all applicable laws in your use of Purchased Services. You agree you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any of the Purchased Services unless we give you explicit permission to do so. The amount you pay to purchase or to obtain a license the Purchased Services is non-refundable. Company Marks. Company, the Company logo, and other Company logos and product and service names are or may be trademarks of Company (the “Company Marks”). Without Company’s prior written permission, and except as solely enabled by any link as provided by Company, you agree not to display or use in any manner the Company Marks. Endorsements and Testimonials. You also understand that any testimonials or endorsements by our customers or audience represented in our Services have not been scientifically evaluated and the results experienced by individuals may vary significantly. Any statements outlined in our Services are simply our opinion and thus are not guarantees or promises of actual performance.
V. Conditions of Sale and Payment TermsWe reserve the right to decline your order at any time before provide you with Purchased Services. You can pay with Paypal, VISA, MasterCard, Discover, American Express, or other methods as may be indicated on the Website from time to time. We can change our prices and billing methods at any time. Conditions of Sale. To license or purchase any content or student coaching or career coaching or courses or other products through the Service, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, and (b) be a natural person (no corporations, partnerships or other legal entities. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to license. Company reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Company upon the completion of the license and delivery of the Purchased Services. All orders placed over $100.00 must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Methods of Payment. All payments must be made by Paypal, VISA, MasterCard, Discover, American Express. or other methods as may be indicated on the Website from time to time. We currently do not accept cash, checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU, AND NOT COMPANY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Company of any discrepancies within thirty (30) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Company does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Company or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Company shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within any states or localities that it deems is required. Obligation to pay for orders previously accepted by Company will survive your termination of the Terms. Price Changes and Modifications to Payment Terms. Company shall have the right to refuse or cancel any orders placed for Purchased Services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Company shall immediately issue a credit to your credit card account in the amount of the charge. COMPANY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
VII. Copyright PolicyLet us know if you think a user has violated your copyright using the Service, or if you think someone incorrectly reported that you violated his or her copyright. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send Company a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; 2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works); 3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Service; 4. Your name, address, telephone number, and email address (if available); 5. A statement 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 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent via mail to DMCA Notice 233 West 99th Street, Apt 16C, New York, NY, 10025, USA or via email to email@example.com. Consult your legal advisor and see 17 U.S.C. Â§ 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
VIII. Suggestions and SubmissionsDon’t send us your great ideas for a new business or functionality. If you do, we can use them without compensating you. Company appreciates hearing from its users and welcomes your comments regarding the Service. Please be advised, however, that Company does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While Company values your feedback on its services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send Company creative ideas, Company: 1. Shall own, exclusively, all now known or later discovered rights to the creative ideas; 2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and 3. Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
IX. User Content Disclaimers, Limitations, and ProhibitionsCompany does not represent or guarantee the truthfulness, accuracy, or reliability of content posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. Prohibited Service Uses Don’t do bad things with the Service, try to break it, or steal our hard work. You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not: 1. Resell or make any commercial use of any Service or Company Content; 2. Collect or use any product listings, descriptions, or prices; 3. Download or copy any information on the Service, including account information, for the benefit of another merchant; 4. Make any derivative use of the Service or Company Content; 5. Aggregate, copy, or duplicate any Company Content; 6. Use data mining, robots, or other data gathering devices on the Service; 7. Remove, disable, damage, circumvent, or otherwise interfere with the security of the Service; 8. Interfere or attempt to interfere with the proper working of the Service; 9. Gain unauthorized access to the Service or computers linked to the Service; 10. Reverse engineer or attempt to reverse engineer the Service; 11. Frame or link to the Service without permission; 12. Attempt to or submit a virus to the Service; 13. Take any action imposing an unreasonable or disproportionately large load on Company’s infrastructure; 14. Attempt to or obtain unauthorized access to other users’ accounts; 15. Sell, transfer, or assign any of your rights to use the Service or any Purchased Services licensed through the Service to a third party without the express written consent of Company; 16. Use the Service in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to Company or others; 17. Use the Service in an illegal way or to commit an illegal act; 18. Access the Service from a jurisdiction where it is illegal, unauthorized, or penalized; 19. Control an account if another account controlled by you has performed these activities or otherwise breached these Terms; 20. Post information on behalf of another person or entity without their consent; or 21. Post incomplete, false, or misleading information in a user profile, impersonate another person, or misrepresent your affiliation with a person or entity.
X. Your Log-In Credential InformationYou are responsible for maintaining the confidentially of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Company immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that Company will not be liable for any loss or damage arising from unauthorized use of your credentials.
XI. Consequences of Violating These TermsIf you don’t act acceptably, we may remove your content and terminate your account. Company may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service. Company reserves the right to suspend or terminate your account and prevent access to the Service for any reason, at its discretion. Company reserves the right to refuse to provide the Service to you in the future. Perpetual licenses granted by you to Company remain in full force and effect. You are responsible for any claims, fees, fines, penalties, and other liability incurred by Company or others caused by or arising out of your breach of these Terms and your use of the Service
XII. Company’ LiabilityWe are not liable for anything our users do when using the Service. We may also change the Service at any time and are not liable for how this may affect you. We don’t guarantee the quality or accuracy of any content you view using the Service or other websites. Changes to the Service. Company may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability. User Content. Company does not control User Content and does not have an obligation to monitor it for any purpose. Company has no obligation to make User Content available through the Service. Company may choose, in its sole discretion, to monitor, review, or otherwise access some User Content, but Company assumes no responsibility for doing so. Company assumes no responsibility for the conduct of users or other third parties. Company reserves the right, in its sole discretion, to remove Your User Content, and Company does not assume any obligation to remove it. To the extent permitted by law, Company disclaims any liability for failing to take any such action. To the extent permitted by law, in no event shall Company be liable for the deletion, loss, or unauthorized modification of any User Content. Company is not liable for any User Content that may infringe intellectual property rights or violate other laws. Users are solely responsible for the content, such as images, they include in any personal profile that they create via the Service. User Disputes. Company is not responsible for any disputes or disagreements between you and any other user. You assume all risk associated with dealing with other users. You agree to resolve disputes directly with the other party. You release Company of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve Company in such disputes. Use caution and common sense when using the Service. Content Accuracy. Company makes no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including recommendations made to you based on information you provide to us. Similarly, Company makes no representations about accuracy, reliability, completeness, or timeliness of any data from third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk. Not an Educational Advisor or Career Counselor. The Company is not an educational adviser or professional career counselor. All material contained the Website and the Services is to be used as a guide only. The Services are not intended to, and do not, constitute professional educational or career advice. When addressing educational or career matters in any of our Services, we’ve endeavored to accurately represent the Company’s programs and their ability to help you. However, we do not have access to and have not taken your specific circumstances into account. The Company does not guarantee that you will get any results or earn any money or grades using any of our ideas, tools, strategies or recommendations, and nothing in the Services is a promise or guarantee to you of future results. For specific advice in relation to your educational matters or careers, please contact your professional adviser. YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE SERVICE IS AT YOUR OWN AND SOLE RISK. THE COMPANY EXPRESSLY DISCLAIMS AND OFFERS NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES VERBALLY OR IN WRITING OF ANY KIND, INCLUDING WITHOUT LIMITATION FOR FITNESS OR MERCHANTABILITY. Third-Party Websites. The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. Company is not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and Company disclaims all liability arising from your use of them. Company makes no promises and disclaims all liability of specific results from the use of the Service. Released Parties Defined. “Released Parties” include Company and its affiliates, officers, employees, agents, partners, and licensors, including without limitation Empower Dataworks LLC and Hassan Shaban. 1. DISCLAIMER OF WARRANTIES You use the Service at your own risk. We make no warranties or guarantees. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY THE SERVICE, INCLUDING WITHOUT LIMITATION THE PURCHASED SERVICES, AS WELL AS THOSE OFFERED BY THE BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND (E) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. 2. LIMITATION OF LIABILITY AND INDEMNIFICATION We are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON RECOMMENDATIONS MADE BY COMPANY; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to the Service, (ii) your use of or reliance on any Company Content, or (iii) your breach of these Terms. Company shall provide notice to you promptly of any such claim, suit, or proceeding.
XIII. General TermsThese Terms constitute the entire agreement between you and Company concerning your use of the Service. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
XIV. Arbitration, Class Waiver, and Waiver of Jury TrialWe are located in East Wenatchee, Washington State, USA, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Service. These Terms and the relationship between you and Company shall be governed by the laws of the state of Washington and of the United States of America without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in East Wenatchee, Washington. You covenant not to sue Company in any other forum. You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.