Terms of Service
Welcome to Empower’s web site. Be sure to read the Terms
of Service below, as they cover the terms and conditions that apply to your use
of Empower.com web site, including any content or services accessible through
such site (referred to as the “Service”).
By accessing and/or using this site you agree to be
bound by all of the following terms and conditions for using this site. If you
do not agree to be bound by all of the terms and conditions contained herein, do
NOT use or access this site or the Services. We may from time to time change the
Terms of Service. By continuing to use the Service following such modifications,
you agree to be bound by such modifications to the Terms of Service.
The use by you of any content or services accessible through the Service may be subject to your acceptance of separate agreements with other third parties.
- Copyright and Trademark. The web site, software, screens, and information, except for your information, available on or through this site is the property of Electronic Commerce, Inc. (“ECI”) and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for commercial or public purposes without the expressed prior written permission of ECI. Users my not use the trademarks, logos, or service marks for any purpose without the prior written permission of ECI.
- Identity Verification. We use many techniques to identify our users when they register on
our site. However, because user verification on the Internet is difficult, we
cannot and will not confirm each user’s purported identity.
- Modification or Termination of Service. You agree that ECI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ECI shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. Without limiting any other remedies, Empower may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or otherwise) have engaged in fraudulent activity in connection with our site.
- Your Information
- Definition. “Your information” is defined as any information you provide or
other authorized users provide, in any public message area or through any
email feature. You are solely responsible for Your Information, and we act
as a passive conduit for your online distribution and publication of Your
- Restricted Activities. Your information and your activities on the site shall not: (a) be false, inaccurate or misleading (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights by publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (h) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to our include.
- Partners and Suppliers. Site partners and suppliers to Empower may have independent security and data storage policies. ECI shall have no liability or responsibility for the retention or disclosure of information provided by you to Empower or any of its site partners or suppliers in the course of your utilization of empower.com.
- Links to Other Web Sites. The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does no imply approval or endorsement of the linked web site by us. If you decide to leave our site and access these third-party sites, you do so at your own risk.
- Access and Interference. Our web site contains security features and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our security features, or to interfere or attempt to interfere with the proper working of the Empower site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to ECI by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of ECI or the appropriate third party.
- Access, Password and Security. You may designate up to the number of users under your account which corresponds to the level of Service you are receiving from Empower, and you may provide and assign access and passwords to such users. You will be responsible for the confidentiality and use of login information including company name, user name, and password. You will be responsible for all electronic communications, including all changes made to your company’s database (“Electronic Communications”) under your login information and password (“Access Information”). Electronic Communications include your business’s Human Resource and Payroll data that you send through the Service. Empower will be entitled to act as though any Electronic Communications it receives under your Access Information have been sent by you. You agree immediately to notify your Empower service provider if you become aware of any loss or theft or unauthorized use of any of your Access Information.
- Breach. Without limiting other remedies, we may immediately issue a warning, temporarily
suspend, indefinitely suspend or terminate your access and refuse to provide
our services to you if: (a) you breach this Terms of Service or the documents
it incorporates by reference; (b) we are unable to verify or authenticate any
information you provide to us; or (c) we believe that your actions may cause
financial loss or legal liability for you, our users or us.
- Privacy. We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described herein. We view protection of users’ privacy as a very important principle.
We understand clearly that you and your information is one of our most
important assets. We store and process your information on computers located
in the United States that are protected by physical as well as technological
security devices. If you object to your Information being transferred or used
in this way please do not use our services.
- No Warranty. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ECI MAKES 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 , OR (iv) ANY ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. NO ACCOUNTING, FINANCIAL, LEGAL OR TAX ADVICE OR COUNSEL IS GIVEN, OR SHALL BE DEEMED TO HAVE BEEN GIVEN, BY THE SERVICE NOR SHALL SUCH SERVICE CREATE A WARRANTY NOT EXPRESSLY STATED HEREIN.
- Liability Limit. IN NO EVENT SHALL ECI PAY LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS, OR OTHER DATA) THAT RESULT FROM BREACH OF CONTRCT, BREACH OF WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR SERVICE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET EVEN IF ECI WAS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEM US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
IN ANY EVENT, UNDER NO CIRCUMSTANCES SHALL ECI BE LIABLE FOR ANY LOSS, COST, EXPENSE, OR DAMAGE TO YOU OR ANY THIRD PARTY THAT EXCEEDS THE AMOUNT ACTUALLY PAID FOR THE SERVICE PROVIDED TO SUCH PARTY FOR THE IMMEDIATELY PRECEEDING 12 MONTHS.
ECI shall not be liable for any loss resulting from a cause over which ECI does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; bugs, errors, configuration problems or incompatibility of computer hardware or software; failure or unavailability of Internet access; problems with Internet service providers or other equipment or services relating to your computer; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities or your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes, or labor disputes. ECI is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Service.
- Indemnity. You
agree to indemnify and hold ECI harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or arising out of
your breach of the Terms of Service or the documents it incorporates by
reference, or your violation of any law or the rights of a third party. This
obligation will survive the termination of Service.
- Legal Compliance. You shall comply with all applicable domestic and
international laws, statues, ordinances and regulations regarding your use of
- No Agency. You
and ECI are independent, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by these Terms of Service.
- Notices. Except
as explicitly stated otherwise, any notices shall be given by email to the
email address you provide during the registration process. Notice shall be
deemed given 24 hours after email is sent, unless the sending party is
notified that the email address is invalid.
The user of Empower agrees that at the election of ECI any controversy or
claim arising out of or relating to this site and the Service, excluding legal
action taken by ECI to collect fees and/or recover damages for or to obtain an
injunction relating to, the Empower site operations, intellectual property,
and our services, shall be settled by binding arbitration in Elkhart, Indiana
in accordance with the commercial arbitration rules of the American
Arbitration Association and judgment entered upon the award by the arbitrator
may be entered in any court having jurisdiction thereof. Sole and exclusive
jurisdiction and venue for any action for equitable or injunctive relief (or
any other claim, at ECI’s election) shall be in the appropriate state court in
Elkhart County, Indiana or the United States District Court for the State of
Indiana. You expressly submit the exclusive jurisdiction of said courts and
consent to extra-territorial service of process. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any other party.
- Governing Law. The validity and interpretation of this Terms of Service and the
rights and obligations of the parties shall be governed by the substantive
laws of the State of Indiana, USA.
- General. We do
not guarantee continuous, uninterrupted or secure access to our services, and
operation of our site may be interfered with by numerous factors outside of
our control. If any provision of this Terms of Service is held to be invalid
or unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. You agree that this Terms of Service and all incorporations
may be automatically assigned by ECI, in our sole discretion, to a third party
in the event of a merger or acquisition. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope of extent of
such section. Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar
breaches. The Terms of Service sets forth the entire understanding and
agreement between us with respect to the subject matters hereof and shall
survive any termination or expiration of this Agreement. The failure of ECI to
exercise or enforce any right or provision of the Terms of Service shall not
constitute a waiver of such right or provision.
- Statue of Limitations. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service of the Terms of Service must be filed within on (1) year after such
claim or cause of action arose or forever be barred.
- Disclosures. Empower is owned and made available by Electronic Commerce, Inc. located at 2810 Dexter Drive, Elkhart, IN 46514. Disputes between you and your payroll provider regarding the Service may be reported to Customer Support by emailing Privacy@ecipay.com.
Copyright 2005 All Rights Reserved.
Designated trademarks and brands are the property of their respective owners.