Terms & Conditions

Last Modified: June 21, 2016

Acceptance of the Terms of Use

Welcome to the Empire Medicinals website (this “Site”). These Website Terms of Use (these “Terms of Use”) set forth the agreement between Empire Medicinals, Inc. (“Empire Medicinals”, we”, “us”, or “our”) and each user (“user”, “your” or “you”) governing the access and use by you of this Site whether as a guest or a registered user. Please read these Terms of Use carefully and fully before using this Site.

By disclosing to us any personal information, by indicating or clicking to indicate that you accept or agree to these Terms of Use when such option is available to you or required of you or by just using or accessing this Site, (i) you agree that you have read and understand these Terms of Use, (ii) you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is available here and is incorporated herein by reference, and (iii) you accept and agree to abide by all laws, rules and regulations applicable to the subject matter of these Terms of Use. If you do not want to agree to these Terms of Use or the Privacy Policy, you are not permitted to use or access this Site and must leave immediately. Any use of this Site without agreeing to these Terms of Use is unauthorized and fully prohibited.

By using our Site, you represent and warrant that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in these Terms of Use and reside in the United States of America or any of its territories or possessions. This Site is not intended or designed to attract users under the age of 13. We do not collect personal information from any person under the age of 13. If you are under the age of 13, you are not permitted use this Site or to disclose or send to us any personal information.

THIS SITE CONTAINS NO HEALTHCARE OR MEDICAL ADVICE

The products and claims made about specific products on or through this Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure, or prevent disease. Nutritional supplements and dietary products, including, without limitation, products available through or described on this Site are not intended to treat, prevent, or cure disease.

This Site is also not intended to provide diagnosis, treatment, or medical advice. Products, services, information, and other content provided on this Site, including, without limitation, information that may be provided on this Site directly or by linking to third-party websites are provided for informational purposes only and should be construed as medical advice or advice from a health care professional. Please consult with a physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.

Information provided on this Site and linked websites, including, without limitation, information relating to medical and health conditions, treatments and products may be provided in summary form. Information on this Site, including, without limitation, any product label or packaging should not be considered as a substitute for advice from a healthcare professional. This Site does not recommend self-management of health issues. Contact your healthcare professional promptly should you have any health-related questions. Never disregard or delay medical advice based upon information you may have read on this Site or on any product label or packaging on products made available through or accessible on this Site.

You should not use the information or services on this Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal, or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. You should consult your physician or pharmacist about interactions between medications you are taking and nutritional supplements, including, without limitation, products sold through or described on this Site. Always check the product label or packaging prior to using any product. If there are discrepancies, you should follow the information provided on the product label or packaging.

The information presented on or through this Site is made available solely for general information purposes and is provided on an “AS IS”, “AS AVAILABLE” and “WHERE IS” basis. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Information about You and Your Visits to this Site

All information we collect on this Site is subject to our Privacy Policy. By disclosing to us any personal information, by indicating or clicking to indicate that you accept or agree to these Terms of Use, the Privacy Policy, or both when such option is available to you or required of you or by just using or accessing this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods formed through this Site or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole and absolute discretion. All changes are effective immediately when we post them, and apply to all access to and use of this Site thereafter; provided, however, that any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on this Site.

Your continued use of this Site following the posting of revised Terms of Use means that you accept and agree to the changes in the revised Terms of Use. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. Although we may provide you with notices from time to time about changes to these Terms of Use, we are not obligated to do so and may do so from time to time or not at all at our sole and absolute discretion to the fullest extent permitted under applicable law.

Accessing this Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on this Site, in our sole and absolute discretion with little notice or no notice at all. We will not be liable if for any reason all or any portion of this Site is unavailable at any time or for any period. From time to time, we may also restrict or block access of users, including, without limitation, registered users, to some portions or the entire Site in our sole and absolute discretion. We may also restrict or block access to this Site based on certain characteristics of general visitors to this Site such as visitors’ IP addresses or how they might be attempting to access this Site, the servers hosting it, or the frequency of connections to this Site.

You are responsible for:

  1. Making all arrangements necessary for you to have access to this Site.
  2. Ensuring that all persons who access this Site through your internet connection are aware of these Terms of Use and comply with them.

To access this Site or some of the resources it offers, we may ask or require you to provide certain registration details or other information. It is a material condition to your continued permission to use this Site that all the information you provide on this Site through account registration or otherwise is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on this Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable or disable access to any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole and absolute discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

You acknowledge and agree that this Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are, to the fullest extent possible, protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on this Site, except as follows:

  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your Web browser for display or speed enhancement purposes.
  3. You may print or download one copy of a reasonable number of pages of this Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  5. If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must NOT:

  1. Modify copies of any materials from this Site.
  2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  3. Delete or alter any copyright, trademark, or other proprietary rights notices or symbols from copies of materials from this Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Site in breach of the Terms of Use, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to this Site or any content on this Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of this Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws, rules and/or regulations as well.

The “Empire Medicinals” name is a registered trademark of Empire Medicinals and our logos and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses of this Site

You may use this Site only for lawful purposes and in accordance with these Terms of Use. Without limiting the foregoing, you further agree not to use this Site:

  • In any way that violates any applicable federal, state, local, or international law, rule, or regulation (including, without limitation, any laws, rules, or regulations regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including, without limitation, any “junk mail”, “chain letter” or “spam”, or any other similar solicitation.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the “Content Standards” set out in these Terms of Use.
  • To impersonate or attempt to impersonate Empire Medicinals, an Empire Medicinals employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Site or our operation of this Site or our business, or which, as determined by us in our sole and absolute discretion, may harm us or users of this Site or expose them to liability or a risk thereof.

Additionally, you agree not to:

  • Use this Site in any manner that could disable, overburden, damage, or impair this Site or interfere with any other party’s use of this Site, including, without limitation, their ability to engage in real time activities through this Site.
  • Use any robot, spider, or other automatic device, process or means to access this Site for any purpose without our prior written consent, including, without limitation, using any manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl”, or “spider” this Site or any related data or information contained within it or accessible on it.
  • Without limiting the foregoing restrictions above, use any manual process to monitor or copy any of the material on this Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper operation or functioning of this Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to this Site, our business, other users, or any third party.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt all or any parts of this Site, the server on which this Site is stored, or any server, computer, or database connected to or accessible through this Site.
  • Attack this Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper operation or funcitioning of this Site.

Content Standards

To the extent this Site does or ever contains the ability to compose or post reviews, profiles, forums, bulletin boards, social media, or any other interactive features (collectively, “Interactive Services”) that allow users to post, submit, share, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through this Site, your User Contributions and your use of Interactive Services must in their entirety comply with all applicable federal, state, local and international laws, rules and regulations. Without limiting the foregoing, your User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.
  • Violate the legal rights (including, without limitation, the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person, entity, or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that the User Contributions emanate from or are endorsed by us or any other person, entity, or organization, if this is not the case.

Copyright Policy – Reporting Claims of Copyright Infringement

Empire Medicinals takes claims of copyright infringement seriously. Empire Medicinals will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on, from, or through this Site infringe your copyright, you may request removal of those materials (or access to them) from this Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512), the written notice (the “DMCA Notice”) must include substantially the following:

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
  3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  4. Adequate information by which Empire Medicinals can contact you (including your name, postal address, telephone number and, if available, email address).
  5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the written notice is accurate.
  7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  8. Empire Medicinals’s designated Copyright Agent to receive DMCA Notices is: Empire Medicinals, Inc.
    Attention: Copyright Agent
    125 Tech Park Drive
    Rochester, New York 14623
    info@emmed.global

Repeat Infringers: It is Empire Medicinals’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat copyright infringers.

No Endorsement

This Site may include content provided by third parties, including, without limitation, materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Empire Medicinals, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Empire Medicinals. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

No Obligation to Update this Site.

We may update the content on this Site at any time and from time to time, but its content is not necessarily complete or up-to-date. Any material on this Site may be out of date at any given time, and we are under no obligation to update such material.

Linking to this Site and Social Media Features

You may link to this Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, which we may withhold, delay, or withdraw at any time in our sole and absolute discretion.

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site.
  • Send emails or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
  • You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause this Site or portions of it to be displayed, or appear to be displayed by, for example, framing on any other website.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the “Content Standards” set out earlier in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice in our sole and absolute discretion.

We may disable all or any social media features and any links at any time without notice in our sole and absolute discretion.

Links from this Site

If this Site contains links to other websites and resources provided by third parties, such links are provided for your convenience only and on an “AS IS”, “AS AVAILABLE” and “WHERE IS” basis. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of this Site is based in the State of New York in the United States of America. We provide this Site for use only by persons located in the United States. We make no claims that this Site or any of its content is accessible or appropriate outside of the United States. Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with any and all local laws, rules, or regulations that may be applicable in any such non-US jurisdiction.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this Site will be free of viruses, malware, Trojan horses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, Trojan horses, malware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Site or any services or items obtained through this Site or to your downloading of any material posted on it, or on any website linked to it.

Your use of this Site, its content, and any services or items obtained through this Site is at your own risk. Further, this Site, its content, and any services or items obtained through this Site are provided on an “AS IS”, “AS AVAILABLE”, and “WHERE IS” basis, without any warranties of any kind, either express or implied, including but not limited to any warranties of merchantability, title, non-infringement or fitness for particular purpose. Neither Empire Medicinals nor any person associated with Empire Medicinals makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of this Site. Without limiting the foregoing, neither Empire Medicinals nor anyone associated with Empire Medicinals represents or warrants that this Site, its content, or any services or items obtained through this Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that this Site or the server that makes it available are free of viruses, malware, Trojan horses, or other harmful components or that this Site or any services or items obtained through this Site will otherwise meet your needs or expectations.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

To the fullest extent permitted under applicable law, in no event will empire medicinals, its affiliates or their licensors, service providers, employees, agents, shareholders, owners, officers, directors, successors and assigns, contractors and suppliers (each an “Empire Medicinals Party”) be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, this Site, including, without limitation, any websites linked to it, any content on this Site or such other websites or any services or items obtained through this Site or such other websites, including, without limitation, any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including, without limitation, negligence), breach of contract or otherwise, even if reasonably foreseeable by such Empire Medicinals Party.

To the extent the foregoing liability limitation is unenforceable in any way, the maximum liability of an Empire Medicinals Party in connection with your use, or inability to use, this Site, including, without limitation, any websites linked to it, any content on this Site or such other websites or any services or items obtained through this Site or such other websites, shall be the greater of (i) the minimum liability that such Empire Medicinals Party must be subject to under applicable law and (ii) US$10.

The foregoing liability limitations do not affect any liability that cannot be excluded or limited under applicable law, rule, or regulation.

Indemnification

You agree to defend, indemnify, and hold harmless Empire Medicinals and each Empire Medicinal Party from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including, without limitation, attorneys’ fees and other legal expenses) arising out of or relating to your violation of these Terms of Use or your use of this Site, including, but not limited to, your User Contributions, any use of this Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from this Site.

Governing Law; Jurisdiction; Procedure

All matters relating to this Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause another jurisdiction’s laws to apply.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or this Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of Rochester and County of Monroe although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

To the fullest extent allowable under applicable law, you and Empire Medicinals agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported, class or representative proceeding.

Limitation on Time to File Claims

To the fullest extent allowed under applicable law, any cause of action or claim you may have arising out of or relating to these terms of use or this Site must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Waiver and Severability

No waiver by Empire Medicinals of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Empire Medicinals to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy and our Terms of Sale constitute the sole and entire agreement between you and Empire Medicinals, Inc. with respect to this Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to this Site.

Your Comments and Concerns

This Site is operated by Empire Medicinals, Inc., 125 Tech Park Drive, Rochester, New York 14623.

All notices of copyright infringement claims should be sent to the copyright agent designated earlier in these Terms of Use under the heading “Copyright Policy – Reporting Claims of Copyright Infringement” in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support, and other communications relating to this Site should be directed to: info@emmed.global.

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