Terms of Service

Responsibility of Website Visitors.

Empathysites has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Empathysites does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Empathysites disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which empathysites.com links, and that link to empathysites.com. Empathysites does not have any control over those non-Empathysites websites and webpages, and is not responsible for their contents or their use. By linking to a non-Empathysites website or webpage, Empathysites does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Empathysites disclaims any responsibility for any harm resulting from your use of non-Empathysites websites and webpages.

Copyright Infringement.

As Empathysites asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by empathysites.com violates your copyright, you are encouraged to notify Empathysites. Empathysites will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Empathysites will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Empathysites or others. In the case of such termination, Empathysites will have no obligation to provide a refund of any amounts previously paid to Empathysites.

Intellectual Property.

This Agreement does not transfer from Empathysites to you any Empathysites or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Empathysites. Empathysites, empathysites.com, the empathysites.com logo, and all other trademarks, service marks, graphics and logos used in connection with empathysites.com, or the Website are trademarks or registered trademarks of Empathysites or Empathysites’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Empathysites or third-party trademarks.

Attribution.

Empathysites reserves the right to display attribution links such as ‘Website by empathysites.com,’ photo credits, or font attribution in your blog footer or toolbar. Footer credits and the empathysites.com toolbar may not be removed.

Domain Names.

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

These policies apply if Empathysites is managing and registering your domain on your behalf or not.

When Empathysites Manages Your Domain

Empathysites is not an accredited registrar but will register a domain in your name, manage the domain, and renew the domain yearly on your behalf. By agreeing to Empathysites terms, you authorize Empathysites to be the technical, administrative, and billing contact for your domain while the domain will be registered to you.

If you decide to leave Empathysites, we will help push or transfer your domain to you, your next website developer, or next website solution on your written request in a timely manner. We also will make changes, cancellations, or transfers to your domain name in compliance with ICANN policies (like for instance upon receipt of an order from a court requiring action).

We do our very best to renew domains on time but are not held liable if a domain fails to be renewed due to interruption in service of our registrar, your late payment, or for any other reason.

When You Manage Your Domain In Your Own Account

With Empathysites, you may manage your domain in your own account in a registrar of your choosing. In the case of doing so, Empathysites is not responsible for the ongoing renewal fees for your domain nor is Empathysites responsible for other management or monitoring tasks nor held liable in the case of mismanagement, expiration, or other losses to the domain.

If you are coming to Empathysites with a domain already registered elsewhere, in most cases your domain will remain in it's registrar.

Email

You are responsible for the management and ongoing renewal of your email software. Empathysites will assist you with setting up all necessary records to connect with an email service of your choice but does not take responsibility for the management of the email service or the service itself. We are not liable for any interruptions in email related to the email service itself, related to DNS record issues, or for any other reason.

Data Security

Empathysites and the Websites we create including any forms into which a website visitor may insert content are not intended for storage, transmission, or use of or with sensitive personal data,  medical data, or protected health information (PHI) be that the data of your clients or of anyone.

By using Empathysites, you acknowledge that we are not secure to the level that may be required for compliance with the appropriate legal and ethical best practices needed to keep such sensitive information secure.

Using any Empathysite service or site in a way that is considered illegal in your state or country on matters of data security is strictly prohibited.

Content Backups.

Empathysites includes the regular backup of your website but our backups do not come with a warranty. You are responsible for your website’s content including taking your own separate backups or accepting the potential loss of content should our backups fail. You may reach out to Empathysites support anytime for an export file of your content.

Changes.

Empathysites reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Empathysites may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. 

Empathysites may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your empathysites.com account, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, Companyship provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The Website is provided “as is”. Empathysites and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Empathysites nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

In no event will Empathysites, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Empathysites under this agreement during the twelve (12) month period prior to the cause of action. Empathysites shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Empathysites Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Empathysites, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between Empathysites and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Empathysites, or by the posting by Empathysites of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sacramento County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sacramento, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Empathysites may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.