TERMS OF SERVICE
Welcome to the Empathos website and thank you for accessing our training, services and content. Empathos owns and operates the websites www.empathosresources.com and its sub domains including, but not limited to, training.empathosresources.com (the “Sites”). These websites include Content, Training and Courseware.
Empathos is the Business name of Empathos Resources, LLC (hereafter referred to as Empathos). Empathos provides these Sites to you subject to the following terms and conditions. Visiting or otherwise using the Sites constitutes acceptance of and agreement to these terms and conditions. If you do not so consent, you may not visit the Sites or use any of its contents. These Terms of Service applies to the Sites only and does not apply to the websites of third parties. Please read these Terms of Service carefully.
Note to Minors: YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER FOR ANY SERVICES OR TO PURCHASE PRODUCTS ON THIS SITE OR TO PROVIDE ANY INFORMATION ABOUT YOURSELF THROUGH THIS SITE. REGISTRATION FOR SERVICES OR THE PURCHASE OF PRODUCTS BY ANY PERSON UNDER THE AGE OF 18 IS STRICTLY PROHIBITED.
The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Sites constitutes your agreement to all such terms, conditions, notices and all applicable laws. If you do not agree with any part of these Terms and Conditions, you must not use these Sites or any materials contained within them. Empathos reserves the right to change these Terms of Service at any time without prior notice; by using the Empathos Sites subsequent to any revision of the Terms of Service, you agree to be bound by such changes.
1. OWNERSHIP AND COPYRIGHT. © Empathos Resources, LLC 2013-2015. All rights reserved. Empathos is the owner of all right, title and interest in the Sites and Content, including all copyrights, patents and trademarks associated with the Sites, and all associated software, logos, text, data and graphics, but excluding third party or public domain material. Everything featured or displayed on the Sites, including, but not limited to, all Training, Courseware, presentation materials, resource materials, text, graphics, photographs, videography, images, moving images, sound, audio and illustrations (the “Content”), belongs to Empathos, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the Content available on the Sites could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States. Except as otherwise provided herein, none of the Content, including downloadable materials, may be sold, translated, or modified, or used for commercial purposes, without the expressed written permission of Empathos and/or its third party providers or companies.
You may not sell or modify the Content or reproduce, republish, display, publicly perform, distribute, or otherwise use the Content or the Sites in any way for any public or commercial purpose. Unauthorized use of the Content or the Sites on any other website or in a networked computer environment for any purpose is prohibited. You agree not to display or use any Empathos intellectual property without the written permission of Empathos. You agree not to circumvent, disable or otherwise interfere with security related features of the Sites or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Sites or the Content.
2. TRADEMARKS. All of the trademarks, logos, names, service marks and any other product or service name or slogan contained in the Sites and the Content (the “Trademarks”) are the registered and unregistered Trademarks of Empathos, protected under the laws of the United States and other countries. Without the prior written permission of Empathos, you may not use, copy or display the Trademarks in any manner, in whole or in part. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks and/or trade dresses of Empathos and may not be copied, imitated or used, in whole or in part, without prior written permission from Empathos. Use on the Sites of the trademark(s) of any other party is not intended to imply Empathos affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of Empathos, its products or services.
3. USER LICENSE AND SITE ACCESS. Empathos grants you a limited, non-transferable, and non-exclusive license to access and make personal use of the Sites and not to download (other than necessary for page viewing) or modify it, or any portion of it. This license does not include any resale or commercial use of the Sites or Content; any assemblage or use of any product listings, descriptions, or prices; any derivative use of the Sites and the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. The Sites or any portion of them may not be reproduced, distributed, duplicated, republished, copied, sold, resold or otherwise exploited without express written consent from Empathos. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Empathos without express written consent. Any unauthorized use of the Sites automatically terminates your permission or license to use Empathos Sites.
You agree not to attempt illegal or unauthorized entry into the Empathos Computer System, to attempt to access sensitive system information, to access or track the information of other users, or to use the Sites for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.
Empathos attempts to provide accurate descriptions of the Sites and Content, but does not warrant that product descriptions or other parts of the Content are accurate, complete, reliable, current or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.
4. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use these Sites and to create binding legal obligations for any liability you may incur as a result of the use of these Sites. You understand that you are financially responsible for all uses of these Sites by you and those using your login information. If any of the services on the Sites require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You are wholly responsible for maintaining the confidentiality of your password and account. Furthermore, you are wholly responsible for any and all activities that occur under your account. You agree to notify Empathos immediately of any unauthorized use of your account or any other breach of security. Empathos will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Empathos or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
5. LINKS TO OTHER SITES. The Sites may include links to other Internet sites not operated or maintained by Empathos, and as a convenience to you. Empathos does not monitor or endorse any such third-party sites or the information, products or services contained on or accessible through such sites, nor does Empathos make any representation regarding the content or accuracy of materials on such sites. The third-party sites may contain user agreements or terms and conditions and privacy policies to which you are subject while using those sites. Empathos encourages you to become familiar with these policies of when you access that site. Empathos reserves the right to terminate any link or linking program at any time. If you decide to access linked third-party sites, you do so solely at your own risk, and waive any and all claims against Empathos regarding the inclusion of links to outside sites or your use of those sites.
6. SUBMISSIONS/FEEDBACK. Empathos does not accept or consider unsolicited ideas, including ideas for new training methods, products, services, technologies, processes, marketing plans or new product names. Please do not send any original artwork, samples, demos or other works. If you do send such materials, Empathos makes no assurances that your ideas and materials will be treated as confidential or proprietary. Any feedback you provide on these Sites will be deemed non-confidential. Empathos is free to use such information on an unrestricted basis.
If, on request of Empathos, you send certain specific submissions including creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Empathos may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Empathos is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Empathos may, but has no obligation to, monitor, edit or remove content that Empathos determines in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Empathos takes no responsibility and assume no liability for any comments posted by you or any third-party.
7. EXCLUSION OF WARRANTY. Your use of the Sites is at your own risk. While Empathos uses reasonable efforts to ensure the accuracy, correctness and reliability of the Sites’ content, Empathos and its officers, board members agents, employees, affiliates, successors and assigns (“Empathos Parties”) make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any information or material on the Sites. Empathos reserves the right, in its sole discretion, to cancel any Training or Courseware, and modify or substitute, without notice, the content of any Training, Courseware and any related materials. Further, Empathos Parties make no representation of any kind that all content, materials and services on the Sites are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those accessing the Sites from such locations act on their own initiative and Empathos is not responsible for their compliance with applicable laws.
8. ERRORS, INACCURACIES AND OMISSIONS. Empathos does not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free, or that your use of the Sites and its server(s) are free of computer viruses and/or other harmful materials. If your use of the Sites or the Content results in the need for servicing or replacing equipment or data, Empathos is not responsible for those costs.
Empathos, to the fullest extent permitted by law, disclaims all warranties, including, without limitation, the warranties of merchantability, title, non-infringement of third-parties rights, and fitness for particular purpose. Empathos makes no warranties about the accuracy, reliability, completeness or timeliness of the Content, Services, text, graphics, and/or links appearing on the Sites.
The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Empathos, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree that, from time to time, Empathos may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL EMPATHOS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH (I) ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE SITES OR CONTENT FOUND HEREIN, OR (II) THE PERFORMANCE OR NON-PERFORMANCE BY EMPATHOS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER PARTY. REMEDY: IF YOU ARE DISSATISFIED WITH THE SITES, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITES.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. EXCEPT AS PROVIDED IN THIS SECTION, EMPATHOS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE EMPATHOS SITES AND ALL INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EMPATHOS SITES ARE PROVIDED HEREUNDER ON AN AS-IS AND AS AVAILABLE BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EMPATHOS DISCLAIMS ALL WARRANTIES THAT THE EMPATHOS SITES WILL BE UNINTERURUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
EMPATHOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE EMPATHOS SITES ARE NOT INTENDED TO TEACH INDIVIDUALS HOW TO DIAGNOSE MENTAL DISORDERS, NOR CAN THEY ENABLE THE USER TO RELIABLY PREDICT VIOLENT BEHAVIOR IN ANY ONE INDIVIDUAL.
IN NO EVENT, SHALL EMPATHOS TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE COURSEWARE IN ANY MANNER WHATSOEVER EXCEED THE AMOUNT ACTUALLY PAID TO EMPATHOS BY THE INJURED PARTY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, EMPATHOS WARRANTIES AND DAMAGES SHALL BE LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
11. PROHIBITED USES. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Sites 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 Empathos intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Empathos reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
12. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Empathos, its parent subsidiaries, affiliates, Parties, and their respective directors, officers, employees, shareholders and agents, licensors, service providers, subcontractors, suppliers, interns and employees, and third-party providers and distributors harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable legal fees) brought by or on your behalf or by third parties as a result of your use of this Sites or any content contained on this Sites, and incurred by Empathos as a result of or in connection with (i) any breach by you of any of the provisions of these Terms of Service; (ii) any violation by you of applicable law; and (iii) any use or alleged use of the Sites or the Content by you or anyone within your control.
Empathos reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Empathos defense of such claim. Empathos may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys. fees and all other costs).
13. SEVERABILITY. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
14. DISPUTES AND GOVERNING LAW. By visiting the Sites, you agree that the laws of the State of Wisconsin, United States of America, without regard to principles of conflicts of laws, will govern these Terms of Service and in all questions, disputes and controversies of any sort that might arise out of your use of the Sites and this Agreement. Any dispute relating in any way to your visit to the Sites or to the Content, products or services sold or distributed by Empathos or through Empathos shall be solely adjudicated in Supreme Court of the State of Wisconsin or in the U.S. Federal District Court located in Milwaukee County, Wisconsin, and you consent and submit to exclusive jurisdiction and venue in such courts and agree to accept service of process by electronic mail.
15. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
16. MODIFICATION. Empathos may at any time modify these Terms of Service and your continued use of the Sites will be conditioned upon the Terms of Service in force at the time of your use.
17. CHANGES AND SEVERABILITY. Empathos reserves the right to make changes to the Sites, its policies, and these Terms of Service at any time. If any of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
18. HEADINGS. The heading used in these Terms of Service are included by convenience only and will not limit or otherwise affect these Terms of Service.
19. ENTIRE AGREEMENT. These Terms of Service contain the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on the Sites or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
21. TERMINATION. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or Empathos. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Services, or when you cease using Empathos Sites.
If Empathos, in its sole judgment, suspects that you have failed to comply with any term or provision of these Terms of Service, Empathos also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Questions, comments? Contact us at:
Empathos Resources, LLC
529 Ontario Ave.
Sheboygan, WI 53081
You agree to receive communications from Empathos electronically regarding your account, this Agreement and Empathos Training or Courseware, including for the purposes of evaluating the its effectiveness via online surveys and questionnaires, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications, except for communications regarding subscriptions, are not confidential.
1. INFORMATION COLLECTED AND USAGE. Empathos collects personally identifiable information, such as names, credentials, postal addresses, email addresses, etc., when voluntarily submitted by visitors to the Sites. This enables Empathos to process your registration and notify you that your registration was successfully completed. Empathos monitors visitor traffic patterns and usage at the Sites to inform further development. Empathos may also use information collected to periodically notify you about important functionality changes to the Sites, or to send you additional information you may find helpful. However, Empathos will only do this if you have opted-in to receive these mailings.
3. DISCLOSURE. Empathos may release personally identifiable information when it believes, in good faith, that such release is reasonably necessary to (i) comply with law; (ii) enforce or apply the Terms of Service of any of our user agreements, including to protect against or prevent actual or potential fraud or unauthorized transactions; (iii) investigate fraud that has already taken place; or (iv) protect the rights, property or safety of Empathos, our users, or others. Additionally, your participation in our Trainings and Courseware authorizes us to provide, on occasion, your name and contact information to therapists, consumers, family members and/or non-profit mental health advocacy groups so that they may contact you regarding your services. Other than as specifically provided herein, Empathos does not sell, trade, or rent your personal information to others. Empathos may provide aggregate statistics about our visitors, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personally identifying information. In the event that Empathos enters into a business transition, such as a merger, acquisition by another company, or selling a portion of its assets, users’ information may be part of the assets transferred. Such a transfer shall not be considered a violation of or deviation from this Policy.
4. PROTECTION. Empathos offers the use of a secure server for placement of orders for Empathos Trainings or Courseware. The Secure Sockets Layer (SSL) encrypts all information you input before it is sent to Empathos. In this way, your personally identifiable information is kept secure. Only authorized employees, agents and contractors, mandated to keep such information secure and confidential, have access to this information. All Empathos emails and newsletters from the Sites allow you to opt out of further mailings.
Regarding the safety of children using the Internet, and consistent with the Children’s Online Privacy Protection Act of 1998, Empathos will never knowingly request personally identifiable information from anyone under the age of 13. If we become aware that an account holder is under the age of 13, we will remove his or her personally identifiable information from our files.
NOTE TO CHILDREN UNDER 18: You are not eligible to use the services or purchase products on this site. Please do not provide us with any information about yourself.
5. UPDATING OR CHANGING INFORMATION. You may update or change information related to your Empathos account by e-mailing us at firstname.lastname@example.org. If you want to be removed from email or postal mailing lists, contact Empathos via email, and please include your email address, full name and password.
6. SCOPE OF RESPONSIBILITY. Empathos Sites may contain links to other third-party websites, which have their own policies regarding privacy. Empathos has no responsibility for linked websites and provides these links solely for the convenience and information of our visitors.
7. CONSENT. Empathos continually endeavors to provide the very best products, content and services. By using the Sites, you consent to the collection and use of this information by Empathos in the manner described in this Policy. Because the Internet is a dynamic and ever-changing medium, as new or upgraded products and services are released, or as threats and technologies evolve, Empathos may make changes to this Policy, and reserves the right to amend this Policy at any time.