Effective Date: March 15, 2023
These terms and conditions of use (the "Terms") govern your use of our online interfaces and properties (e.g., websites and mobile applications) and your interactions with us and our services (collectively, the "Site"). Please read these Terms carefully before using this Site. The Site is owned or controlled by Empire Cleanse Franchise, LLC and its parent ("Empire Cleanse"). By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Empire Cleanse, you agree to and are bound by the terms, conditions, policies, and notices contained in the Terms. From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. This Site is offered and available to users who are at least 18 years or older (or over the legal age of majority in your jurisdiction). By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
These Terms provide that all disputes, controversies, or claims arising between you and Empire Cleanse will be resolved by BINDING AND FINAL ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights (except for matters that may be taken to small claims court or as it relates to provisional or injunctive relief). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Arbitration Agreement for the details regarding your agreement to arbitrate any and all disputes with Empire Cleanse.
Ownership of the Site
Content on this Site that is provided by Empire Cleanse or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Empire Cleanse Content") is the property of Empire Cleanse and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Empire Cleanse Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Empire Cleanse, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Empire Cleanse and/or its licensors, that dilutes the strength of Empire Cleanse's or its licensor's property, or that otherwise infringes Empire Cleanse's or its licensors' intellectual property rights. You further agree to in no other way misuse any Empire Cleanse Content or third-party Content that appears on this Site.
Site Access and Restrictions
The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Empire Cleanse in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Empire Cleanse will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
If a particular feature or service offered on the Site requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Empire Cleanse is not 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.
Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product/services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
Service Order Acceptance
We reserve the right, at our sole discretion, to refuse or cancel any order for services for any reason. See our Terms of Service for more details. Your account may also be restricted or terminated for any reason, at our sole discretion.
Online Payments; Credit Cards
You can purchase products and/or services on the Site. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, Empire Cleanse may obtain preapproval for an amount up to the amount of the payment. If you elect to use a debit card for your payment, the amount of the transaction will be debited from your account at the time of your transaction. You agree to pay all payments for any products or services you purchase through the Site in accordance with the payment terms presented to you at the time of purchase. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your electronic purchase constitutes your agreement to these terms and to pay for such contracts, products and additional amounts. You are responsible for the timely payment of all fees and for providing us with a valid credit card or payment account details for payment of all fees.
Empire Cleanse may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This Agreement constitutes the entire agreement between Empire Cleanse and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Empire Cleanse, or by the posting by Empire Cleanse of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York County, New York. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Empire Cleanse may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns..