This website is owned and operated by Empower Brands, LLC. ("Empower Brands"). Empower Brands is pleased to offer its products and other related information and materials through this website.
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE USER (referenced herein as "you," "user, " or "your") AND EMPOWER BRANDS. THIS AGREEMENT APPLIES EACH TIME YOU ACCESS OR USE THIS AND ANY WEBSITE PROVIDED BY EMPOWER BRANDS AND EACH TIME YOU PURCHASE AN EMPOWER BRANDS PRODUCT. THEREFORE, YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS "TERMS AND CONDITIONS" AGREEMENT ("AGREEMENT") BECAUSE THEY GOVERN YOUR ACCESS TO, AND USE OF THE INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, AND/OR MATERIALS ("SERVICES AND MATERIALS") PROVIDED BY EMPOWER BRANDS ON OR THROUGH THE WEBSITE ("SITE"). EMPOWER BRANDS IS WILLING TO LICENSE THE USE OF THE SITE AND THE RELATED SERVICES AND MATERIALS TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
ALL PURCHASES OF PRODUCTS DISTRIBUTED OR MARKETED BY EMPOWER BRANDS, WHETHER PURCHASED ON THE SITE OR ELSEWHERE, SHALL BE SUBJECT TO THIS AGREEMENT.
1. LICENSE GRANT. Subject to your continued compliance with the terms and conditions of this Agreement, Empower Brands provides you with a revocable, limited, non-exclusive, royalty-free, non-sub-licensable and non-transferable license to use the Site. You may download and print materials and information from the Site solely for your personal use provided that you do not remove from any such copies any copyright and/or any other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Site shall be determined by Empower Brands in its sole and absolute discretion; (ii) Empower Brands has the right to control and direct the means, manner, and method by which the Site is provided; (iii) Empower Brands may engage independent contractors, consultants, or subcontractors to aid Empower Brands in providing the Site or use thereof; and (iv) Empower Brands has the right to provide the Site to others. In addition, you hereby acknowledge and agree that this Agreement provides you with only a limited license to access and use the Site. Accordingly, you hereby acknowledge and agree that Empower Brands transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else under this Agreement.
2. RESTRICTIONS. Notwithstanding the foregoing license grant, this site may not be modified, translated, decompiled, used to create derivative work(s), copied, distributed, disassembled, broadcast, transmitted, published, have any proprietary notices or labels removed or altered, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, private labeled, granted as a security interest, or otherwise used in any manner not expressly permitted herein by you or anyone acting on your behalf. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including HTML code), programs, software, and documentation found on or accessible through the Site. Moreover, you may not (i) use any "deep-link," "page scrape," "robot," "spider," or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Site; (ii) attempt to gain unauthorized access to (a) any portion or feature of the Site, (b) any other systems or networks connected to the Site, (c) any Empower Brands server or (d) to any of the services offered on or through the Site by hacking, password "mining" or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site; (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Empower Brands' systems or networks or any systems or networks connected to the Site; (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site; (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Empower Brands on or through the Site; (viii) use the Site to harvest or collect e-mail addresses or other contact information; or (ix) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Empower Brands. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING, OR REPRODUCING ANY MATERIALS PROVIDED BY EMPOWER BRANDS TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION, IS EXPRESSLY PROHIBITED.
3. USER OBLIGATIONS. By installing, accessing or using this Site, you hereby represent that you are of the legal age to execute a legally enforceable contract under the laws of the state and/or country in which you reside, and will at all times provide true, accurate, current, and complete information when submitting information to this Site, including without limitation, when you provide any information to Empower Brands via an email or any registration or submission form found on the Site. If you provide any false, inaccurate, untrue, or incomplete information, Empower Brands reserves the right to, in its sole discretion, immediately and without notice terminate your access to, and use of this Site, and/or cancel any of your pending product purchases or transactions with Empower Brands. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and this Site are solely at your own risk. While Empower Brands has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from the Site over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, Empower Brands is not, to any degree, responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site or, for the consequences of any reliance on such information. You must make your own determination as to these issues.
4. PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS.
A. Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the purchase of products, goods, participation in a particular program, and/or to specific portions or features of the Site, all of which are made a part of this Agreement by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in any program, service, or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Site, including any areas to enable the online purchase of items or for any service, program, or product offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site. Empower Brands' obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreement pursuant to which they are provided, and nothing on this Site should be construed to alter such terms, conditions, notices, and agreements.
B. Empower Brands' Guarantee
All of Empower Brands' products are covered by a Money Back Guarantee (please see specific product's instruction book or website for its guarantee). If you are not 100% satisfied with your product, return the product pursuant to the terms of the instruction book or website . Proof of purchase is required. Refunds will include the purchase price, less processing and handling. See Return Policy below for return details.
C. Product and Service Descriptions, Price and Other Information.
We have taken reasonable precautions to ensure that all product descriptions, prices and other information shown on our websites, infomercials and social media are correct and fairly described. However, when ordering products or services through our websites, infomercials and social media please note that:
• Empower Brands reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;
• Empower Brands reserves the right to refuse or discontinue the supply of any product or service to any customer, or change, suspend or discontinue any aspect of our websites at any time in our sole and absolute discretion;
• All prices are displayed in United States Dollars unless expressly indicated otherwise;
• Packaging and contents may vary from that shown on our websites;
• Any weights, dimensions, and capacities shown on our websites are approximate only;
• When you place an order, we estimate the tax applicable to your order and include that estimate in the total for your convenience (the final tax amount will be based on the then-current rate as established by the taxing authority, charged to your payment card, and reflected in the order confirmation and package invoice we provide to you); and
• All items are subject to availability and we will inform you as soon as reasonably possible if any product or service you ordered is not available and whether we may offer you an alternative of equal or higher quality and value.
Please also note that we may be required to change the terms of any products, goods or services that we offer and/or you purchase. This includes without limitation changes to prices, taxes, shipping and handling amounts, specifications, delivery times, and/or package contents. We will provide you with prior notice of any changes, by posting a notice on our websites, sending an e-mail to you at the address you provided at the time of purchase, or by including a notice in any products you receive on an automatic recurring or subscription basis. Empower Brands will not incur any obligation as a result of such change. By continuing to accept products, goods and/or services after we have notified you of a change to any terms, you will be deemed to have accepted the change.
Once an order has been placed, there is a limited period in which you can cancel your order. Please submit cancellations via phone 973-287-5100 M-F 9a-8p, Sat & Sun 9a-5p ET. Cancellation requests via email are accepted but we cannot guarantee the order can be cancelled prior to shipping. You may email empowercustomerservice@spectrumbrands.com. Cancellations must contain the following: First name, last name, order number, and e-mail address and Subject line "Cancel Order". This information must be identical to the information originally submitted on your order. Every effort will be made to accommodate the cancellation of your order, provided your order has not been processed. Once the order has been processed, we cannot take cancellation requests. In the event that a cancellation was submitted after the order has been processed and shipped, you will need to follow the procedures listed in the Returns Policy section.
D. Order Processing & Cancellation.
Empower Brands reserves the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if additional information is required to accept an order. If the order is cancelled after we have processed the payment but prior to delivery, we will refund your payment.
All purchases are subject to applicable shipping and handling, and sales and/or other taxes, which will be applied to your order total. Sales and/or other taxes are calculated based on the shipping address provided.
E. Taxes.
For purchases where sales tax is applicable, the estimated tax is displayed on the checkout page prior to confirming the purchase. The actual tax collected may differ once the order is finalized. We use commercially reasonable efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax represented as owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local "tax holidays," and timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may over collect or under collect your tax. When you purchase an Empower Brands item, we collect and remit taxes required on your purchase. You hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and you agree to hold us, our officers, directors, employees, agents and representatives, harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred as a result of our error in calculating the taxes you owe for your purchases. If you purchase any Empower Brands items on third party platforms, such as a Retailer, those third parties may be responsible for collecting and remitting applicable taxes to the taxing authorities.
F. Replacement Guarantee Policy (Purchases as of February 18, 2022).
Our products, when purchased from Empower Brands or an authorized retailer, include a 1 year replacement guarantee if your product or component part does not perform as expected. The guarantee extends only to the original purchaser and is not transferable. If you experience an issue with one of our products within 1 year of purchase, return it, or the component part for replacement for a replacement with a functionally equivalent new product or part. The original proof of purchase is required and must be provided at the time of replacement request. You are responsible to pay to return the unit to us. In the event a replacement unit is issued, the guarantee coverage ends six (6) months following the receipt date of the replacement unit or the remainder of the existing guarantee, whichever is later. Empower Brands reserves the right to replace the unit with one of equal or greater value. Contact Customer Service for assistance.
Any product warranty under this Agreement shall not be valid where it is contrary to U.S. and other applicable laws, or where the warranty would be prohibited under any economic sanctions, export control laws, embargoes, or other restrictive trade measures enforced by the United States or other applicable jurisdictions. This includes, without limitation, any warranty claims implicating parties from, or otherwise located in, Cuba, Iran, North Korea, Syria, and the disputed Crimea region.
G. Return Policy.
To return the product, a return merchandise authorization number is required. If purchased directly from Empower Brands, the order number is the return authorization number. The order number can be found at www.customerstatus.com. If product was purchased from an authorized retailer, first contact the retailer and ask about returning the purchase. If the retailer indicates that the product should be returned to Empower Brands, use "RETAIL" as your return authorization number. Include a copy of the Proof of Purchase. Replacements or refunds will not be issued without proof of purchase.
Pack the product carefully. Include a note inside the box with your name, address, phone number, email, reason for return and if you are requesting a refund or replacement. To avoid delay, place the note inside the box on top of the product/packaging. Write the return authorization number on the outside of the box. Send the package using a method that provides a tracking number (FedEx, USPS or UPS). Please retain a copy of the tracking number so that you may track progress. Empower Brands is not responsible for processing return requests if there is no proof the product was delivered to us, or lost packages or products shipped to us in error.
Send to:
Product Name
Vivitech Solutions, Inc.
15392 Colbalt St.
Sylmar, CA 91342
If the replacement/refund request has not been acknowledged after two weeks, please contact Customer Service at 973-287-5100.
5. PRIVACY POLICY. You hereby understand, acknowledge, and agree that the operation of certain portions of the Site and/or the receipt of certain information or benefits may require the submission, use, and disclosure of certain personally identifiable information. Accordingly, if you wish to access and use those areas of the Site, and/or receive such information or benefits, you acknowledge and agree that your use of this Site will constitute acceptance of Empower Brands' personally identifiable information collection and use practices. Please see Empower Brands' Privacy Policy for a summary of Empower Brands' personally identifiable information collection and use practices. The Empower Brands Privacy Policy is located here: [Click here to view Privacy Policy].
6. POSTINGS. The Site, and/or any social media page (each, a "Empower Brands Social Media Page") controlled by Empower Brands that is accessible directly through the Site may contain blogs, message boards, comment areas and other interactive features and functionality where users may post certain information and content (collectively, "Forum"). To the extent the Site and/or any Empower Brands Social Media Page contains any such Forum, you hereby acknowledge and agree that when using the Site and/or any Empower Brands Social Media Page, you will not upload, post, display, or transmit any of the following materials on any Forum:
• anything that interferes with or disrupts the operation of the Site and/or Empower Brands Social Media Page,
• statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
• unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
• statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
• statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
• statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Empower Brands,
• statements or material that misrepresents your affiliation with any entity and/or Empower Brands,
• statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials, and,
• material or statements that are "off-topic" for a designated Forum.
7. PERMISSION TO USE POSTINGS. You acknowledge and agree that you have no proprietary interest in any Forum. Moreover, by submitting content or information of any type (a "Posting") to a Forum or by otherwise using the Site and/or a Empower Brands Social Media Page to transmit or display a Posting, you automatically grant Empower Brands a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sublicensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You hereby represent that you have all necessary rights to make the Posting available to Empower Brands and a Forum, and you also acknowledge and agree that such Postings are non-confidential for all purposes and that Empower Brands has no control over the extent to which any idea or information within a Posting may be used by any party or person once such content is posted or displayed on the Site and/or a Empower Brands Social Media Page. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that by merely permitting your information, content, and materials to appear on the Site and/or a Empower Brands Social Media Page, Empower Brands has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a posting. Moreover, Empower Brands assumes no responsibility for the deletion of or failure to store any posting and, recommends that you do not post, display, or transmit any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own Postings.
8. CUSTOMER RATINGS AND REVIEWS AND QUESTIONS AND ANSWERS. These Terms and Conditions govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by Empower Brands, LLC.
By submitting any content to Empower Brands Products, you understand and agree that:
• You are the sole author and owner of the intellectual property rights in the content
• All moral rights that you may have in such content have been voluntarily waived by you;
• All content that you post is accurate;
• You are at least 18 years old; use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity.
• You further agree that you may not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libelous, offensive or unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- That promotes violence or hatred against individuals or groups based on any of the following attributes: age, disability, ethnicity, nationality, gender identity, race or sexual orientation.
- For which you were compensated or granted any consideration by any unapproved third party;
- That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
• You agree to indemnify and hold Empower Brands (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Empower Brands Products a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at Empower Brands' sole discretion. Empower Brands reserves the right to change, condense, withhold publication, remove or delete any content on Empower Brands' website that Empower Brands deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Empower Brands does not guarantee that you will have any recourse through Empower Brands to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Empower Brands reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Empower Brands, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Empower Brands, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
You may receive emails regarding this submission. Any emails will include the ability to opt-out of future communications.
9. PROPRIETARY RIGHTS. All text, graphics, user interfaces, visual interfaces, photographs, audio, video, sounds, images, artwork, computer code (including HTML code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by Empower Brands and/or its suppliers and are protected by United States and foreign laws including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except for the license grant as expressly provided in this Agreement, Empower Brands does not grant any express or implied intellectual property or proprietary right to you or any other person. Your unauthorized use of this Site may violate intellectual property or other proprietary rights' laws of the United States and/or a foreign nation, as well as other laws, regulations, and statutes. Be advised that Empower Brands actively and aggressively enforces its intellectual property rights to the fullest extent of the law. This website is protected by copyright as of 2022 by Empower Brands and/or its licensors. All rights reserved. Empower Brands also owns a copyright in the contents of the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, information, or materials available throughout this Site, and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Empower Brands or others who have authorized their use by Empower Brands. EMPOWER BRANDS, the Empower Brands logo, and all other names, logos, and icons identifying Empower Brands are owned exclusively by Empower Brands or others who have authorized their use by Empower Brands, and any use of such marks without the prior express written permission of Empower Brands is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
10. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Empower Brands reserves the unqualified right to view, monitor, and record activity on the Site without any additional notice to you, or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Site is subject to review by law enforcement organizations in the sole and absolute discretion of Empower Brands. Empower Brands will also comply with all legally binding requests for such information including without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, Empower Brands reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt the operation of, or access to the Site or any portion thereof.
11. SUBMISSIONS. Empower Brands welcomes your feedback and suggestions on how to improve the Site and/or the products and services of Empower Brands. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Empower Brands, you represent and warrant that such feedback does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Empower Brands. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license for Empower Brands to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby expressly waive any claim to the contrary.
12. THIRD PARTY PRODUCTS / SERVICES. Empower Brands, in its sole and absolute discretion, may post the advertisements of third parties on this Site and/or feature materials, programs, products, and services provided by third parties. Empower Brands makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which you may access through such third party materials, programs, products, and services. Your correspondence or any other dealings with third parties found on this Site are solely between you and such third party. Empower Brands expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained on or accessed through the Site, and you agree that Empower Brands shall not be responsible for any loss or damage of any sort, incurred as a result of any such dealings, or as the result of the presence of such third parties' materials, programs, products, and services on this Site.
13. LINKS TO OTHER SITES. Empower Brands may provide links, in its sole discretion, to other sites on the internet for your convenience in locating related information, products, and services. These other sites have not necessarily been reviewed by Empower Brands and may be maintained by third parties over which Empower Brands exercises no control. Accordingly, Empower Brands expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third-party, any website, or the products or services provided by any third party.
14. LINKS TO THE SITE. Empower Brands encourages and permits text links to this Site. However, Empower Brands is an organization committed to the highest ethics and standards. Therefore, any links to this Site should not suggest that Empower Brands promotes or otherwise endorses any third-party products, services, programs, causes, campaigns, website, or information unless Empower Brands has provided prior express written consent for such promotion or endorsement.
15 DISCLAIMER. THE PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF OR CONTAINED ON THIS SITE. ANY IMPLIED WARRANTY OF MERCHANTABILITY IS DISCLAIMED. EMPOWER BRANDS MAY IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE SITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE SITE. ANY PRODUCT WARRANTIES SHALL NOT BE VALID WHERE THEY ARE CONTRARY TO U.S. AND OTHER APPLICABLE LAWS, OR WHERE THE WARRANTIES WOULD BE PROHIBITED UNDER ANY ECONOMIC SANCTIONS, EXPORT CONTROL LAWS, EMBARGOES, OR OTHER RESTRICTIVE TRADE MEASURES ENFORCED BY THE UNITED STATES OR OTHER APPLICABLE JURISDICTIONS. THIS INCLUDES, WITHOUT LIMITATION, ANY WARRANTY CLAIMS IMPLICATING PARTIES FROM, OR OTHERWISE LOCATED IN, CUBA, IRAN, NORTH KOREA, SYRIA, AND THE DISPUTED CRIMEA REGION.
16. LIMITATION OF LIABILITY. You expressly absolve and release Empower Brands from any claim of harm resulting from a cause beyond Empower Brands' reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMPOWER BRANDS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE PURCHASE OR USE OF EMPOWER BRANDS PRODUCTS, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR THE SERVICES AND MATERIALS AVAILABLE THROUGH THE SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF EMPOWER BRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
17. INDEMNITY. You agree to defend, indemnify, and hold harmless Empower Brands and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (i) your Postings, your feedback, or access to or use of the Site; (ii) any breach by you of this Agreement; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you.
18. GOVERNING LAW. This Agreement will be construed and enforced in accordance with the laws of the State of New York without regard to its principles of conflicts of laws. Any action by you relating to this Agreement, or to Empower Brands' services and materials accessed or purchased through this Site, shall be brought only in the federal or state courts presiding in New York County, New York, U.S.A., and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Site is controlled and operated by Empower Brands from its offices and facilities within the United States. Empower Brands makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of the Site is illegal is prohibited. You access the Site on your own volition and are responsible for compliance with all applicable local laws.
19. ARBITRATION AGREEMENT. If you have a dispute relating to your use of the Site or use or purchase of a Empower Brands product or service (collectively "Disputes"), you agree to first contact Empower Brands at (973) 287-5100 (phone), or (973) 575-6897 (facsimile). If we cannot resolve the dispute informally, any and all disputes shall be submitted to final and binding arbitration. Either you or Empower Brands may start the arbitration process by submitting a written demand to the American Arbitration Association ("AAA") and sending a copy to Empower Brands. Empower Brands will pay all filing costs. A single arbitrator of the AAA will conduct the arbitration in a location convenient to you or telephonically. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration will be conducted in accordance with the provisions of the AAA's Consumer Arbitration Rules in effect at the time of submission of the demand for arbitration. See https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Empower Brands will pay all the filing costs. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.
A. A. FOR CANADIAN RESIDENTS. This arbitration agreement is governed by Canadian law. Arbitration would take place in a location convenient to you in Canada or telephonically.
B. B. WAIVER OF RIGHT TO SUE. By agreeing to arbitration, you understand that, to the maximum extent permitted by law, you are agreeing to waive your right to file suit in any court, to a court hearing, judge trial and jury trial.
C. C. CLASS ACTION WAIVER. To the maximum extent permitted by law, you expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
D. D. OPT OUT PROCEDURE. To opt out of arbitration you must contact us and request to opt out of arbitration. To opt out of arbitration contact us at Empower Brands, LLC 3001 Deming Way, Middleton, WI 53562 (mailing address), (973) 575-6897 (facsimile) or (973) 287-5100 (phone). You have thirty (30) days from the date of product delivery or purchase, whichever is later, to opt out of arbitration with respect to any dispute arising out of or relating to your use or purchase of a Empower Brands product. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration and you will have waived your right to sue and your right to participate in a class action with respect to the dispute arising out of your purchase or use of a Empower Brands product. For any dispute arising out of your use of Empower Brands' website, you have thirty (30) days from the date you provided information to the website to opt out of arbitration. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration and you will have waived your right to sue and your right to participate in a class action with respect to the dispute arising out of your use of Empower Brands' website.
E. E. MATTERS SUBJECT TO ARBITRATION. This arbitration agreement applies to all disputes with Empower Brands (with the exception of those disputes listed in Paragraph F below), including, but not limited to, those alleging violations of the Americans With Disabilities Act, breach of contract, breach of warranty, tort and violation of any state's consumer protection statute or regulation. This arbitration agreement applies to any claim alleging damage to property and/or bodily injury. Any dispute concerning the interpretation or the enforceability of this arbitration agreement, including without limitation, its revocability or voidability for any cause, the scope of arbitrable issues, and any defense based upon waiver, estoppel or laches, shall be decided exclusively by the arbitrator.
F. F. MATTERS NOT SUBJECT TO ARBITRATION. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of New York: (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by Empower Brands against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
20. PIRACY. Counterfeit products hurt us all. While it causes immeasurable harm on a global basis—such as funding terrorism and organized crime, causing identity theft, and contributing to lost business and jobs—it also significantly harms companies, governments, and consumers. Empower Brands is a victim of this problem and suffers from the illegal stealing, manufacturing, importing and selling of counterfeit Empower Brands products. Although Empower Brands is waging the war against counterfeit products, we need your help! If you ever learn of any counterfeit activity, please let us know by sending an email to empowercustomerservice@spectrumbrands.com.
21. PHONE, TEXTING, MOBILE. When you sign up to receive text messages from us, you consent to receive recurring text/SMS messages, phone calls, pre-recorded video & voice messages and/or autodialed calls by or on behalf of Empower Brands relating to any purchase or transaction with Empower Brands, matters related to your account (including debt collection), and marketing promotions regarding Empower Brands' products. You understand that no purchase is necessary in order for you to agree to receive text/SMS messages or phone calls from Empower Brands. These communications may be made by Empower Brands directly, autodialing or by third parties on behalf of Empower Brands, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that, in receiving these messages or otherwise communicating with Empower Brands in response to any such messaging, that your network or provider's messaging, data and other rates and fees (including roaming) may apply, and that Empower Brands will not be responsible for these charges. Not all carriers may be included within Empower Brands' text/SMS messaging programs. You acknowledge that telephone calls to or from Empower Brands are monitored and recorded and you agree to such monitoring and recording. You verify that any contact information provided to Empower Brands, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Empower Brands. You acknowledge that by voluntarily providing your telephone numbers to Empower Brands, you expressly agree to be contacted at the telephone numbers you provide. You may opt-out or otherwise withdraw consent to receive text/SMS messages from Empower Brands at any time by responding "STOP" or "OPT OUT” or “UNSUBSCRIBE" to any text/SMS message from Empower Brands. Please see additional instructions provided to you via any text/SMS message.
22. CHANGES TO THESE TERMS. We may in our sole and absolute discretion change these Terms or our Privacy Policy from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for new users immediately upon being posted to the Empower Brands website; however, for existing customers, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue using any and all our products. By continuing to use any our products after the 30-day period referenced above in this Section, you expressly accept any applicable changes. Please note our employees, customer service representatives, contractors or other agents are not authorized to modify any provision of these Terms, either verbally or in writing.
23. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Empower Brands of any right under this Agreement will be deemed to be either a waiver of any other right or provision, or a waiver of that same right or provision at any other time. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to, (a) the warranty disclaimers, (b) the liability limitations, and (c) the requirement that the existence, content or results of arbitration remain confidential, only that provision or part so found, and not the entire Agreement, will be inoperative.
24. ENTIRE AGREEMENT. This Agreement, Empower Brands' Privacy Policy, and any related or associated product purchase, service, or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Empower Brands with respect to use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Empower Brands with respect to this Site. We may modify this Agreement from time to time, so you should review regularly. If you do not agree to the modified terms, you should discontinue your use of the Site, otherwise you consent to these.
25. CONTACT INFORMATION. If you have questions regarding Empower Brands, this site, its services or products, please contact Empower Brands at (973) 287-5100 (phone), (973) 575-6708 (facsimile), or empowercustomerservice@spectrumbrands.com. (email).
