These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the empoweraces.com website ("Website" or "Service") and any of its related products and services (collectively, “Services"). Your access and use of the Website indicates that you have read, understood and agree to be bound by the following terms, conditions and other applicable laws and regulations. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. We may change these Terms and Conditions at any time without notice, effective on its posting to the Website. Your continued use of the Website will be considered your acceptance of the revised Terms and Conditions.
WE ARE NOT A HEALTH CARE OR MEDICAL DEVICE PROVIDER, NOR SHOULD THE SERVICES BE CONSIDERED MEDICAL ADVICE OR THERAPY SERVICES. ONLY YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER CAN OFFER MEDICAL ADVICE TO YOU.
EXCEPT AS SET FORTH IN THIS SECTION, EMPOWERACES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. COACHING, facilitation and skills building DOES NOT CONSTITUTE MEDICAL ADVICE OR THERAPY. EMPOWERACES WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF EMPOWERACES.
You must be at least 15 years of age to use this Website or any services contained herein. We assume no responsibility or liability for any misrepresentation. Children under the age of 15 must have been signed up for services by their legal guardians.
All intellectual property on the Website is owned by Empower Aces. All content on the Website including but not limited to text, code, design, photos, sounds, music videos and other materials is a collective work under copyright laws and is the proprietary property of Empower Aces; All rights reserved. This Agreement does not transfer to you any intellectual property owned by Empower Aces or third parties, and all rights, titles, and interests in and to such property will remain solely with Empower Aces. You must not use any branding, logos or other materials used on the Website unless we have given you separate explicit written permission.
We may provide certain information as a result of your use of the Website, including but not limited to, documentation, data, information developed by us. Empower Aces materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any licence of intellectual property rights to you
OwnershipAs between the parties and subject to the grants expressly set forth in this Agreement, Empower Aces owns all right, title and interest in and to the Empower Aces Services and anonymous/aggregate data, feedback, and any and all patent rights, copyrights, trademark rights, trade secret rights and other intellectual property rights embodied in or related to the foregoing.
Empower Aces may use the services of third-party coaches and other subcontractors and permit them to provide the Empower Aces Services.
If you are a natural person who is a resident of California or the European Union (“California Resident” or “EU Resident”) and use our Services, you have additional rights as set forth in the Privacy Policy. E
You acknowledge and agree that the Empower Aces Services utilize certain third-party videoconferencing, communications tools and other services in connection with Empower Aces Services, e.g., Skype, WhatsApp, Zoom or FaceTime (“Third-Party Tools”). While Your data provided to Empower Aces through Third-Party Tools remains subject to these terms, use of Third-Party Tools themselves is subject to the terms and conditions of the Third-Party Tool providers. Empower Aces is not responsible for the operation of or any changes to the Third-Party Tools or the acts or omissions of Third-Party Tool providers.
Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, giving any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Your linking to any other offsite resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights.
We are not liable for any damages that may occur to you as a result of your use of the Website or Empower Aces services, the fullest extent permitted by law. IN NO EVENT WILL (A) EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; AND (B) EITHER PARTY’S ENTIRE LIABILITY TO THE OTHER PARTY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO EMPOWERACES DURING THE PRIOR 12 MONTHS UNDER THIS AGREEMENT.
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part. Using the Website and Empower Aces services for yourself, on behalf of a company, business or other entity, you and the entity will hold harmless and indemnify Empower Aces from any suit, claim or action arising from or related to the use of the Website or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Ontario, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to contactus@empoweraces.com . This document was last updated on ______Feb 15th 2022____
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16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
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16.2 We may use your personal information to:
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16.2.1 Provide Our Services to you;
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16.2.2 Process your payment for the Services; and
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16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
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16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
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16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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19.1 The Website is provided “as is” and on an “as available” basis. uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
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19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
