Ownership of Intellectual Property
Disclaimer and Limitation of Liability
THIS SITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. While Empathetics uses reasonable efforts to include accurate and up to date information on this Site, Empathetics is not responsible or liable for any infections or contamination of the system you utilize to access this Site, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and Content contained on this Site. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMPATHETICS, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND/OR REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT CONTAINED ON THIS SITE WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY EMPATHETICS OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Empathetics’ liability for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the greater of One United States Dollar or the amount, if any, that was paid to Empathetics in order to access this Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Copyright and Compliance Policy
To ensure compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable copyright laws, Empathetics will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your copyrights, you may submit notification in accordance to the DMCA by providing Empathetics with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Please send all written correspondence of alleged infringements to: Empathetics, Inc., 745 Atlantic Avenue, 8th Floor, Boston, MA 02111. You may also contact Empathetics’ copyright agent by email at firstname.lastname@example.org.
Links to Third Party Sites
Empathetics has not reviewed the sites linked to this Site and is not responsible for the content of any websites owned or operated by third parties. Please note that when you leave this Site, you do so at your own risk.
Chatroom/Message Boards/Other Postings
To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (collectively, “Postings”), please be advised that Postings do not necessarily reflect the views of Empathetics or any of its licensors. In no event shall Empathetics assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize Empathetics to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Empathetics will have the right to use, change or delete Postings in any manner that Empathetics may determine, in its sole discretion. Additionally, Empathetics may sweep its chatrooms and/or message boards periodically in its sole discretion. Empathetics does not allow Postings which contain:
- private or personal information which might identify a user;
- profanity or obscenities;
- personal attacks on other individuals;
- slanderous, defamatory, obscene, pornographic, threatening and harassing comments;
Monitoring and Enforement
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of this Site. We may:
- investigate violations of this Policy or misuse of this Site; or
- remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of this Site or any Empathetics service.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
Applicable Law, Venue, Jurisdiction
Empathetics operates and controls this Site from its offices located at:
745 Atlantic Ave, Fl. 8
Boston, MA 02111
United States of America.
This Site is intended for residents of the United States and other countries permitted by applicable law. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
Last modified: September 1, 2015.