Our Commitment to Privacy: Your
privacy is important to Empower Marketing USA. To
better protect your privacy, we provide this notice
explaining our online information practices and the
choices you can make about the way your information
is collected and
used.
This notice applies to all information collected
or submitted on the Empower Marketing USA website.
On some pages, you can order products, make requests
and register to receive materials. The types of personal
information collected at these pages are:
Name
Address
Email address
Phone number
Credit/Debit Card Information
On some pages, you can submit information about
other people. For example, if you order a gift online
and want to send it directly to the recipient, you
will need to submit the recipient’s address.
When you sign in and order products, make requests
or register to receive materials, you are not anonymous
to us. Empower Marketing USA automatically receives
and records information on our server logs from your
browser, including your IP address.
We use the information you provide about yourself
when placing an order only to complete that order.
We do not share this information with outside parties
except to the extent necessary to complete that order.
We use the information you provide about someone
else when placing an order only to ship the product
and to confirm delivery. We do not share this information
with outside parties except to the extent necessary
to complete that order.
We use return email addresses to answer the email
we receive. Such addresses are never used for any
other purpose and are not shared with outside parties.
We never use or share the personally identifiable
information provided to us online in ways unrelated
to the ones described above, without also providing
you an opportunity to opt-out or otherwise prohibit
such unrelated uses.
Rest assured Empower Marketing USA does not rent,
sell or share personal information about you with
other people or nonaffiliated companies except to
provide products or services you have requested or
when we have your permission or under the following
circumstances:
1. We provide your information to employees and/or
trusted affiliates who work on behalf of or with Empower
Marketing USA under confidentiality agreements. These
affiliates may use your personal information to help
Empower Marketing
USA communicate with you about products and services
offered by Empower Marketing USA.
2. We respond to subpoenas, court orders, or legal
process, or to establish or exercise our legal rights
or defend against legal claims.
3. We believe it is necessary to share information
in order to investigate, prevent, or take action regarding
illegal activities, suspected fraud, situations involving
potential threats to the physical safety of any person
or as otherwise required by
law.
To prevent unauthorized access, maintain data accuracy,
and ensure the correctness of information, we have
put in place appropriate physical, electronic, and
managerial procedures to safeguard and secure the
information we collect online.
Empower Marketing USA may update this policy.
Should have you other questions or concerns about
our privacy policies, please contact us at 303-790-1119
or email us at sstewart@empowermarketingusa.com.
If you have submitted to us information which you
would like to have deleted from our records,
please contact us at our email address. We will use
reasonable efforts to delete your information from
our existing files.
Terms Of Use
Your use of this Empower Marketing, Inc. website
is governed by the policies, terms, and conditions
set forth below. Please read them carefully. By using
this site, you indicate your acceptance of, and agreement
to be bound by, the terms and conditions set forth
below (also referred to as this "Agreement").
If you do not agree to these terms and conditions,
you may not use this site. We reserve the right to
make changes to this site and to these terms of use
at any time. Any such modifications will become effective
upon the date they are first posted to this site.
Copyright and Trademark Notice
All screens appearing on this site including graphics,
text elements, site design, logos, images, and icons,
as well as the selection, assembly, and arrangement
thereof, are the sole property of Empower Marketing,
Inc., Copyright © 2006-2007 Empower Marketing,
Inc., unless otherwise specified. All rights not expressly
granted herein are reserved. Except as otherwise required
by applicable law, any reproduction, distribution,
modification, retransmission, or publication of any
copyrighted material is strictly prohibited without
the express written consent of the copyright owner.
Empower Marketing, the Empower Marketing logo, Amoeba
syndrome, High performance marketing wheel, ROSMI,
Power-Injected, Capture the Edge, iPQ, and all associated
marks are trademarks of Empower Marketing, Inc. All
other marks, names, and logos mentioned herein are
the property of their respective owners.
Products or Services Ordered through This
Website
Any product or service that you order or download
through this website is subject to the terms and conditions
of the end-user license agreement accompanying such
product (the "End-User License") or other
written agreement between you and Empower Marketing,
Inc. All of your rights and remedies with respect
to your order, purchase, possession, and use of the
product or service are governed by the End-User License
or such other agreement. All maintenance, update,
warranty, liability, and any other obligations related
to the product or service, if any, shall be as provided
for in the End-User License or other written agreement
between you and Empower Marketing, Inc.
Site Content and Information
Our website may contain information, advice, text,
and other materials ("Information") that
are provided for your convenience and/or enjoyment.
You should be aware that the Information may contain
errors, omissions, inaccuracies, or outdated information.
Empower Marketing, Inc. makes no representations or
warranties as to the completeness, accuracy, adequacy,
currency, or reliability of any Information and shall
not be liable for any lack of the foregoing. Descriptions
of, or references to, third party products or publications
do not imply endorsement of that product or publication.
We are not engaged in rendering legal, accounting,
or other similar advice or professional services.
If legal advice or other expert assistance is required,
the services of a competent professional should be
sought.
Our website may contain bulletin boards, chat rooms
or other message or communication facilities (collectively,
"Forums"). You agree to use the Forums only
to send and receive messages and material that are
proper and related to the particular Forum. By way
of example, and not as a limitation, you agree that
when using a Forum, you will not:
- a. Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- b. Publish, post, distribute
or disseminate any defamatory, infringing, obscene,
indecent or unlawful material or information.
- c. Upload files that contain
software or other material protected by intellectual
property laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or
have received all necessary consents.
- d. Upload files that contain
viruses, corrupted files or any other similar software
or programs that may damage the operation of another's
computer.
- e. Delete any author attributions,
legal notices or proprietary designations or labels
in any file that is uploaded.
- f. Falsify the origin or source
of software or other material contained in a file
that is uploaded.
- g. Except to the extent expressly
allowed, advertise or offer to buy or sell any goods
or services, or conduct or forward surveys, contests
or chain letters.
- h. Download any file posted
by another user of a Forum that you know, or reasonably
should know, cannot be legally distributed in such
manner.
You acknowledge that all Forums are public and not
private communications. If you do post content or
submit material in a Forum, and unless we indicate
otherwise, you grant Empower Marketing, Inc. and its
affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, transferable and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display
such content throughout the world in any media. You
grant Empower Marketing, Inc. and its affiliates and
sublicensees the right to use the name that you submit
in connection with such content, if they choose. You
represent and warrant that you own or otherwise control
all of the rights to the content that you post; that
the content is accurate; that use of the content you
supply does not violate this policy and will not cause
injury to any person or entity. Further, you acknowledge
that chats, postings, conferences and other communications
by other users are not endorsed by Empower Marketing,
Inc., and such communications shall not be considered
reviewed, screened or approved by Empower Marketing,
Inc. Empower Marketing, Inc. has the right but not
the obligation to monitor and edit or remove any activity
or content posted on a Forum. Empower Marketing, Inc.
takes no responsibility and assumes no liability for
any content posted by you or any third party. Empower
Marketing, Inc. reserves the right to deny in its
sole discretion any user access to Forums without
notice.
Indemnity
You agree to indemnify and hold Empower Marketing,
Inc., and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or
arising out of any content posted by you, your use
of any Empower Marketing, Inc. website, your violation
of this Agreement, or your violation of any rights
of another.
Third Party Sites
This website may contain hyperlinks to websites operated
by parties other than Empower Marketing, Inc. Such
hyperlinks are provided for your reference only. Empower
Marketing, Inc. does not control such websites and
is not responsible for their contents. Empower Marketing,
Inc.'s inclusion of hyperlinks to such websites does
not imply any endorsement of the material on such
websites or any association with their operators.
Privacy
Empower Marketing, Inc. is concerned with protecting
your privacy. You may read the most recent published
privacy policy statement. This policy may be changed
at any time, with or without written notice. All changes
to the privacy policy will be posted on this website.
Disclaimer and Limitation of Liability
EMPOWER MARKETING INC. AND ITS SUPPLIERS MAKE NO
WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS
OR IMPLIED, WITH RESPECT TO THE INFORMATION OR YOUR
USE OF THIS WEBSITE OR ANY OTHER EMPOWER MARKETING,
INC. WEBSITE. EMPOWER MARKETING, INC. AND ITS SUPPLIERS
EXCLUDE ANY AND ALL IMPLIED WARRANTIES, INCLUDING
WARRANTIES AGAINST INFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING
THE FOREGOING, EMPOWER MARKETING INC. DOES NOT WARRANT
THAT THE INFORMATION OR ANY EMPOWER MARKETING, INC.
IS OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED.
THE INFORMATION AND EMPOWER MARKETING, INC. WEBISTES
ARE PROVIDED "AS IS" AND YOU ASSUME THE
ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. UNDER
NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, WILL EMPOWER MARKETING INC.
OR ITS SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF
DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) ARISING
OUT OF THE USE OR INABILITY TO USE THE INFORMATION
OR ANY EMPOWER MARKETING, INC. WEBSITE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NO EMPOWER MARKETING
DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY
ADDITION OR MODIFICATION TO THIS WARRANTY. IN THE
EVENT THAT, NOTWITHSTANDING THE FOREGOING, EMPOWER
MARKETING, INC. OR ITS SUPPLIERS ARE FOUND LIABLE
TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE), EMPOWER MARKETING, INC.'S
AND ITS SUPPLIERS LIABILITY TO YOU WILL BE LIMITED
TO $25.00. Some states/localities do not allow the
exclusion of implied warranties or the exclusion of
liability for incidental or consequential damages,
so the above limitations and exclusions may not apply
to you.
Miscellaneous
This Agreement constitutes the entire agreement between
you and Empower Marketing, Inc. with reference to
the Empower Marketing, Inc. websites. This Agreement
will be governed by the laws of the state of Colorado,
USA, except for those dealing with conflicts of law.
In the event of any dispute involving the Empower
Marketing, Inc. websites, Empower Marketing, Inc.
and you each consent to exclusive jurisdiction and
venue in either the state or federal courts in the
state of Colorado and agree that the prevailing party
shall be entitled to its reasonable attorney fees
and costs. Use of any Empower Marketing, Inc. website
is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions,
including without limitation this paragraph. In the
event any provision of this Agreement shall be deemed
unenforceable, void or invalid, such provision shall
be modified so as to make it valid and enforceable,
and as so modified the entire Agreement shall remain
in full force and effect. No failure or delay in exercising
any right, power or privilege hereunder shall operate
as a waiver thereof, nor shall any single or partial
exercise thereof preclude any other or further exercise
thereof or the exercise of any right, power or privilege
hereunder. This Agreement may not be modified except
by a writing signed by authorized representatives
of both parties.
