Legal

Terms & Conditions

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Last Updated: [Novemeber 7th, 2024]

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Welcome to the EMPEX LLC website at empexindustries.com ("Website"), owned and operated by EMPEX LLC ("we," "us," or "our"). By accessing, browsing, or using our Website, you agree to be bound by these Terms & Conditions. If you do not agree to these Terms, please do not use this Website.

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1. Acceptance of Terms

These Terms & Conditions constitute a legally binding agreement between you and EMPEX LLC. By accessing or using the Website, you confirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.

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2. Definitions

To ensure clarity in our Terms & Conditions, the following definitions apply to all users, partners, clients, and entities interacting with EMPEX LLC’s services.

  • Partner: A "Partner" refers to any individual, business, or entity that has entered into a formal or informal partnership with EMPEX LLC. Partners work with EMPEX LLC to facilitate, distribute, or utilize leads, services, or resources provided by EMPEX LLC. This category includes affiliates, vendors, resellers, contractors, and any other parties who support or extend EMPEX LLC’s services. Partners agree to uphold the standards, responsibilities, and obligations outlined in these Terms & Conditions.
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  • Client: A "Client" is an individual, business, or entity that engages directly or indirectly with EMPEX LLC for its lead generation services, SaaS offerings, or other products. Clients can include:
    • Direct Clients of EMPEX LLC: These are individuals or businesses that have entered into a client relationship directly with EMPEX LLC to receive leads, marketing, or other services.
    • Clients of Partners: These are individuals or businesses that have a client relationship with an EMPEX LLC Partner and may indirectly receive leads or services originally facilitated by EMPEX LLC. In such cases, the Partner, not EMPEX LLC, typically manages the direct relationship with the Client.
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  • User: A "User" refers to any individual or entity that accesses the EMPEX LLC Website or services, including potential clients or partners. Users are bound by these Terms & Conditions and must adhere to the general standards of conduct defined herein.
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  • Lead Distributor: A “Lead Distributor” refers to EMPEX LLC or any affiliated platform, website, or entity associated with EMPEX LLC that manages, distributes, or provides leads to EMPEX’s clients and partners.
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These definitions are intended to distinguish between the roles and responsibilities of Partners, Clients, and Users and ensure that each party understands its relationship to EMPEX LLC. Any agreements, obligations, or legal rights related to EMPEX LLC’s services are governed by these definitions and the Terms & Conditions as a whole.

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3. Use of the Website

  • Eligibility: You must be at least 18 years old to use this Website. By using the Website, you represent and warrant that you have the legal capacity to agree to these Terms.
  • Permitted Use: You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any way that may harm, disrupt, or interfere with the functioning of our services or infringe upon the rights of others.

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4. Intellectual Property Rights

  • Ownership: All content, features, and functionality on the Website, including but not limited to text, graphics, logos, images, and software, are the exclusive property of EMPEX LLC and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws.
  • Client and Partner Asset Usage Rights: By accepting these Terms & Conditions, you grant EMPEX LLC, including its partners, affiliates, third parties, subsidiaries, and associated businesses, the right to use any assets that you provide, as well as any publicly available online assets related to you or your business, at EMPEX’s discretion. This usage extends to assets such as but not limited to:
    • Profile Images: Images associated with you or your business, including those found on professional platforms or social media.
    • Business Reviews and Testimonials: Any public reviews or testimonials related to your business.
    • Website and Social Media Images: Images from your business’s website, social media accounts, or other online presence.
    • Publicly Available Images: Images found on Google or other platforms that are publicly associated with you or your business.
  • Usage Scope: EMPEX LLC reserves the right to use, reproduce, display, distribute, and adapt these assets across EMPEX LLC’s marketing materials, websites, lead-generation platforms, and other promotional channels to support business objectives. This license is granted without any additional compensation, notification, or permission, provided that it aligns with EMPEX LLC’s legitimate business interests.
  • No Revocation of Rights: By using our services or platforms, you understand and agree that this license to use your assets is irrevocable as long as you maintain a partnership or client relationship with EMPEX LLC, and that EMPEX LLC is not obligated to remove or cease use of these assets upon the termination of services or partnership.
  • Responsibility for Ownership and Rights: You affirm that you own or have obtained all necessary rights to any assets you provide or that are publicly associated with you. You agree to indemnify and hold harmless EMPEX LLC and its affiliates from any claims or liabilities arising from EMPEX’s use of these assets as outlined in these Terms.
  • Restrictions on Use by General Users: General users of the Website are prohibited from reproducing, distributing, modifying, creating derivative works from, publicly displaying, or exploiting any content on the Website without express written permission from EMPEX LLC.

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By accepting these Terms & Conditions, you consent to EMPEX LLC’s rights to use any business or personal assets described above, as well as your acknowledgment that this use supports EMPEX LLC’s lead generation, marketing, and operational goals. This section is intended to protect EMPEX LLC’s promotional interests and ensure a high-quality presentation of our partnerships and client relationships.

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5. Use of Services

This section outlines specific terms related to the use of our services by general users, partners, and clients. By accessing or utilizing our services in any capacity, you agree to comply with the applicable terms described below.

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5.1 General Use
  • Eligibility: Access to our Website and services is restricted to individuals who are at least 18 years of age. By using our Website, you represent that you are legally capable of entering into these Terms.
  • User Conduct: General users agree to use the Website solely for personal or informational purposes. Unauthorized commercial use, data scraping, and any activity that compromises the Website’s security, availability, or integrity are strictly prohibited.
  • No Right to Resell or Redistribute: General users are not permitted to resell, redistribute, or exploit our services for any commercial purposes without prior authorization from EMPEX LLC.

5.2 Partner Use
  • Partner Obligations: Partners, including affiliates and third-party service providers, agree to uphold the highest standards of accuracy, quality, and professionalism in their dealings with EMPEX LLC and its users. This includes:
    • Data Accuracy: Partners are responsible for ensuring that any data they provide to EMPEX LLC is accurate, up-to-date, and truthful. Any false or misleading information supplied by partners is strictly prohibited and may result in immediate termination of the partnership and potential legal action.
    • Service Quality and Professional Conduct: Partners agree to provide high-quality and professional services that align with industry standards and EMPEX LLC’s expectations. Partners must refrain from any conduct that could harm EMPEX LLC’s reputation or mislead users or clients.
    • Confidentiality: Partners are required to maintain strict confidentiality regarding any and all information obtained through their partnership with EMPEX LLC. This includes safeguarding all user or client data shared by EMPEX LLC or collected through our services. Partners are prohibited from using or disclosing any confidential information except as required for the legitimate purposes of their partnership with EMPEX LLC and as allowed by applicable law.
  • Prohibited Activities: Partners are expressly prohibited from using any data provided by EMPEX LLC for purposes beyond the scope of the agreed partnership, such as unauthorized marketing or data resale. Any misuse of our data or services will result in immediate termination of partnership and possible legal action.
  • Independent Policies: Partners are responsible for maintaining their own privacy policies and terms of service. EMPEX LLC disclaims all liability arising from a partner’s independent policies, practices, or actions, and partners agree to hold EMPEX LLC harmless for any claims arising from their own activities.

5.3 Potential and Current Client Use
  • Lead Generation Services: EMPEX LLC provides lead generation services to clients by sharing or selling user-submitted information. By using these services, clients agree to use this information strictly for legitimate business purposes in compliance with all applicable privacy laws and regulations.
  • Data Responsibility and Accuracy: Clients are responsible for handling any data they receive through our services in accordance with relevant legal standards, including but not limited to GDPR, CCPA, and other data protection regulations. Clients also agree to ensure that any information they provide to EMPEX LLC is accurate, complete, and truthful. EMPEX LLC disclaims all responsibility for client data once it has been shared or distributed.
  • Service Quality and Professional Conduct: Clients are expected to adhere to high standards of professionalism and to engage in fair, ethical practices when interacting with users or leads sourced through EMPEX LLC. Any client conduct that harms or misleads users or leads, or otherwise damages EMPEX LLC’s reputation, may result in termination of services and potential legal action.
  • No Guarantee of Results: EMPEX LLC provides lead data on an “as-is” basis, without guarantees as to conversion rates, sales outcomes, or other performance metrics. Clients acknowledge that the use of our lead data is at their own risk, and EMPEX LLC is not liable for any business outcomes derived from the data.
  • Termination of Services: EMPEX LLC reserves the right to terminate access to lead generation services if clients fail to comply with these Terms, including data accuracy, professionalism, or confidentiality obligations, or engage in prohibited activities.

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Each user category is expected to comply with these Terms, and any deviation may result in termination of access, partnership, or services, in addition to potential legal action. By using our Website or services, all users, partners, and clients acknowledge and accept their specific obligations as outlined.

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6. Lead Distribution and Pricing

This section outlines the terms and conditions related to the distribution, pricing, and sale of leads through EMPEX LLC’s lead generation services.

  • Pricing Flexibility: EMPEX LLC reserves the exclusive right to set, adjust, and modify lead pricing at its sole discretion. Lead prices may increase or decrease at any time, and EMPEX LLC is under no obligation to disclose these price adjustments to users prior to purchase. By using our lead generation services, you acknowledge and accept that pricing is subject to change without notice.
  • No Prior Disclosure of Lead Prices: Leads being sold through EMPEX LLC’s platform or services are not required to disclose specific pricing in advance. Users understand that prices will be set based on various business factors and may vary accordingly.
  • Sales are Final: All leads sold by EMPEX LLC are sold on an “as-is” basis. This means that the quality, accuracy, or performance of leads is not guaranteed, and all sales are considered final upon transaction completion. By purchasing leads, users accept these leads in their current form without the expectation of alterations, refunds, or exchanges.
  • No Refunds on Leads or Services: EMPEX LLC maintains the right to a strict no-refund policy for leads sold and services performed. Once a lead has been purchased or a service has been provided, the transaction is irrevocable, and EMPEX hold the right to not issuing refund under any circumstances. Users understand and agree that EMPEX LLC is under no obligation to compensate for any perceived quality issues or dissatisfaction with the purchased leads or completed services.
  • EMPEX’s Right to Refuse Sales: EMPEX LLC reserves the right to refuse to sell leads to any individual or entity, at its sole discretion, and may refuse service or transactions without obligation to explain its decision.

By agreeing to these Terms, you accept that all leads and services provided by EMPEX LLC are governed by these conditions, and you waive any rights to request refunds or demand price disclosures.

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7. Disclaimers

This section outlines important disclaimers regarding the provision of EMPEX LLC’s services and limitations on our liability.

  • As-Is and As-Available Basis: All services provided by EMPEX LLC, including lead generation, SaaS offerings, and any other digital services, are offered strictly on an “as-is” and “as-available” basis. EMPEX LLC disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or availability of service.
  • No Guarantee of Service Quality or Continuity: EMPEX LLC does not guarantee that its services will be uninterrupted, timely, secure, error-free, or compatible with specific user systems or goals. Users acknowledge and accept that service interruptions, delays, and errors may occur, and agree that EMPEX LLC shall not be liable for any such occurrences.‍
  • No Warranty of Accuracy: EMPEX LLC does not warrant that the content on the Website is accurate, complete, or current. We do not guarantee that the Website will be error-free, uninterrupted, secure, or free from viruses or other harmful components.‍
  • Third-Party Links: The Website may contain links to third-party websites. EMPEX LLC is not responsible for the content or privacy practices of these third parties, and such links are provided solely for your convenience.

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8. Limitation of Liability

  • Scope of Liability: To the fullest extent permitted by applicable law, EMPEX LLC, including its affiliates, partners, licensors, service providers, employees, agents, officers, and directors, shall not be liable for any damages arising out of or related to your use of, or inability to use, our services, including but not limited to:
    • Direct Damages: Any direct loss or costs incurred.
    • Indirect or Special Damages: Losses that are secondary or incidental to primary damages.
    • Consequential Damages: Loss of business, profit, data, or revenue due to interruptions or errors in service.
    • Punitive Damages: Monetary damages imposed as a punishment, which may exceed the actual damages incurred.
  • Total Liability Cap: In jurisdictions where limitations on liability are permitted, EMPEX LLC’s total liability for damages, regardless of the nature or cause of action, shall not exceed $100 USD or the amount paid by you to EMPEX LLC in the three (3) months preceding the event giving rise to the liability, whichever is greater.
  • Assumption of Risk: By using EMPEX LLC’s services, you acknowledge that you assume all responsibility and risk for your use, and agree that EMPEX LLC bears no responsibility or liability for any damages or issues resulting from your use of our services.

These disclaimers are essential to protecting EMPEX LLC and ensuring that our users understand the scope and limits of the services provided. By continuing to use our services, you accept these disclaimers and agree to waive any rights to additional compensation or remedies outside the terms outlined above.

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9. Third-Party Terms and Liability

This section addresses the relationship between EMPEX LLC and any third-party services, partners, or affiliates, clarifying user responsibilities and EMPEX’s liability limitations regarding external entities.

  • Independent Third-Party Terms: EMPEX LLC may link to, incorporate, or provide access to third-party services, tools, or content through our Website or services. These third-party services are governed by their own terms and conditions, which may differ from those outlined by EMPEX LLC. By using these services, you agree to be bound by any applicable third-party terms and acknowledge that EMPEX LLC has no control over these terms.
  • No Liability for Third-Party Services: EMPEX LLC disclaims all responsibility for the accuracy, legality, or functionality of third-party services or content accessed through our platform. This includes, but is not limited to, tools, tracking, analytics, advertising, or other integrations such as Google Ads, Meta pixels, or other external software or services. Users interact with third-party services at their own risk, and EMPEX LLC assumes no liability for any losses, damages, or issues arising from these third-party services.
  • User Due Diligence: It is the responsibility of users, partners, and clients to review and understand the terms, policies, and practices of any third-party service before use. Users agree that any reliance on or interaction with third-party services is solely at their discretion and that they assume full responsibility for compliance with such terms.
  • No Warranties or Endorsements: EMPEX LLC does not endorse or make any warranties regarding third-party services, partners, or affiliates. Any representation or warranty regarding third-party services, if any, is provided solely by the third-party service provider and not by EMPEX LLC.
  • Affiliate and Partner Liability: If you engage with or purchase services from third-party affiliates or partners associated with EMPEX LLC, any resulting disputes, claims, or issues must be addressed directly with the third-party provider. EMPEX LLC disclaims all liability for third-party obligations and will not mediate or assume responsibility for third-party performance or adherence to their terms.
  • Third-Party Terms Updates: Third-party terms and policies may change independently of EMPEX LLC’s Terms & Conditions. EMPEX LLC is not obligated to inform users of updates to third-party policies or terms, and users are encouraged to regularly review third-party policies for any changes.

By using EMPEX LLC’s Website and services, you accept that EMPEX LLC’s responsibilities are limited solely to our own platform and services, and you waive any right to claim against EMPEX LLC for third-party issues.

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10. Spam and Communication

As a company that provides lead generation services, EMPEX LLC and its network of affiliates, partners, and distributors may engage in multiple contact attempts using the information you provide. This section outlines our policies and disclaimers related to communications, ensuring transparency and setting expectations regarding contact frequency, user consent, and limitations on opt-out options.

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10.1 Communication Consent
  • User Acknowledgment and Consent: By submitting your information to EMPEX LLC, its affiliated websites, or any lead distributors associated with EMPEX LLC, you explicitly consent to receive multiple communications from EMPEX LLC, its partners, affiliates, and third-party associates. This consent applies to various communication methods, including but not limited to phone calls, emails, text messages, and other electronic communications, regardless of their frequency or purpose.
  • Method and Frequency of Contact: Users agree that EMPEX LLC and its network may contact them multiple times through various methods. The frequency and type of contact are determined by EMPEX LLC and its partners’ business needs and objectives, and users waive any rights to limit or restrict these communications unless explicitly required by law.

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10.2 Spam Claims
  • Waiver of Spam Allegations: By using our services, you agree that communications from EMPEX LLC and its partners do not constitute “spam” under any applicable law, as you have consented to such communications by submitting your information. You further acknowledge that communications related to lead generation, business inquiries, or marketing fall within the scope of legitimate business practices.
  • Opt-Out Options: Users may or may not have the option to opt out of certain communications, depending on the nature of the communication and EMPEX’s or its partners’ policies. By agreeing to these Terms, users acknowledge that the ability to opt out is not guaranteed, and that EMPEX LLC is not liable for any lack of opt-out options or delays in processing opt-out requests.

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10.3 Communication Responsibility
  • User Responsibility to Manage Contact Preferences: It is the user’s responsibility to manage their contact preferences and use any opt-out options available when possible. EMPEX LLC disclaims responsibility for any inconvenience, dissatisfaction, or issues arising from communications where users have not exercised available opt-out options.
  • Limited Control Over Third-Party Communications: Once a lead has been distributed to partners, EMPEX LLC has no control over how these partners handle or manage communications, including the frequency, content, or opt-out procedures. Users acknowledge that EMPEX LLC is not liable for communication efforts made by its partners and has no control over users’ ability to opt out of partner communications.
10.4 No Legal Recourse for Communication
  • Waiver of Legal Action: By consenting to these Terms & Conditions, you waive the right to initiate any legal action, claim, or complaint against EMPEX LLC or any of its affiliates, partners, or third-party distributors related to the frequency, content, or manner of communications you receive. This waiver includes but is not limited to claims for invasion of privacy, unsolicited contact, or any form of alleged “spam” communication.
  • Indemnification: Users agree to indemnify and hold harmless EMPEX LLC, its partners, affiliates, employees, and agents from any claims or liabilities arising from communications that occur as a result of the user’s consent under these Terms.

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10.5 Additional Disclaimers
  • Uninterrupted Communication: While EMPEX LLC provides various contact methods, we do not guarantee uninterrupted or error-free communication. Users acknowledge that delays, interruptions, or occasional delivery errors may occur and agree to hold EMPEX LLC harmless from any claims arising from such issues.
  • User Consent Continuation: Consent to communication is ongoing and does not expire unless explicitly revoked by the user following procedures provided by EMPEX LLC or its partners. Users agree that such revocation may not remove or stop all forms of communication, especially those essential to service provision or those managed independently by third-party entities.

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By agreeing to these Terms & Conditions, you understand and accept that EMPEX LLC and its network may engage in multiple, ongoing communications and waive any right to claim these communications as “spam” or otherwise objectionable. Users are encouraged to utilize any available opt-out options as needed and acknowledge that EMPEX LLC’s communications are lawful, permitted, and consented to under these Terms, while EMPEX LLC disclaims all responsibility for third-party communication management and opt-out procedures.

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11. User Obligations and Conduct

  • Prohibited Conduct: You agree not to engage in any of the following activities:
    • Attempting to interfere with the Website’s security or network.
    • Collecting or harvesting personal data about other users.
    • Impersonating any individual or entity, or otherwise misrepresenting your affiliation.
  • Compliance: You are responsible for complying with all applicable laws and regulations regarding your use of the Website, including those related to personal data, intellectual property, and consumer protection.

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12. Indemnification

You agree to indemnify, defend, and hold harmless EMPEX LLC, its affiliates, partners, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of or related to your violation of these Terms or your use of the Website.

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13. Governing Law and Jurisdiction

  • Applicable Law: These Terms and any disputes arising from or relating to these Terms shall be governed by the laws of the State of [Insert State] without regard to its conflict of law provisions.
  • Jurisdiction: Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of [Insert State], and users waive any jurisdictional, venue, or inconvenient forum objections to such courts.

14. Dispute Resolution

  • Informal Resolution: We encourage you to contact us to resolve any issues or disputes before seeking formal legal action.
  • Binding Arbitration: In the event that informal resolution is unsuccessful, you agree that any dispute, claim, or controversy arising out of or relating to these Terms will be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.

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15. Termination

  • Termination by Us: EMPEX LLC reserves the right to terminate or suspend your access to the Website, without notice, for conduct that we believe violates these Terms or is otherwise harmful to other users, us, or third parties.
  • Surviving Terms: Upon termination, all provisions of these Terms that should reasonably survive termination shall remain in effect, including those related to intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

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16. Modifications to Terms

EMPEX LLC may periodically update these Terms & Conditions at our discretion to reflect changes in practices or regulatory requirements. We reserve the right to modify these Terms at any time without prior notice. By continuing to use the Website, services, communications, or any other interactions with EMPEX, constitutes as your acknowledgement and acceptance of the revised Terms & Conditions. We recommend that you periodically review these Terms for any updates.

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17. Disclaimer Regarding Third-Party Policies

Once we distribute your information to third-party platform users, affiliates, or partners, EMPEX LLC is not responsible for the privacy policies or practices of these third parties. It is solely your responsibility to conduct due diligence and review any applicable privacy policies and terms of use for any third parties with whom your information may be shared.

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18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EMPEX LLC regarding your use of our Website. Any failure by EMPEX LLC to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision.

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19. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:

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EMPEX LLC
Email: contact@empexindustries.com

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