Empovia rainbow gradient logo made up of three overlapping circles in increasing sizes with the Empovia wordmark next to it in a bold black font in all caps

Terms

Terms and Conditions (“Terms”)
Last updated: April 25, 2023
Effective as of April 25, 2023

Conditions of Use

Use of the Empovia website constitutes agreement to our terms of use. We encourage you to review the following information carefully before using the Empovia website (the “Service”) operated by Empovia Inc. (“us”, “we”, or “our”).

The following terms and conditions govern all use of the Empovia website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Empovia’s Privacy Policy) and procedures that may be published from time to time by Empovia Inc. (collectively, the “Agreement”). You agree that we may alter our Services, and these terms will apply to any changes.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services.

Trademarks

Empovia and other marks indicated on our site are trademarks owned exclusively by Empovia Inc. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product or service that is not Empovia’s, in any manner that seeks to disparages or discredit Empovia, or in any manner that may cause confusion among our audience.

Copyright

All content on this website is the exclusive property of Empovia Inc. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein.

Content Submitted by Site Users

If you do post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant Empovia and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Empovia Inc. or its affiliates for all claims resulting from content you supply. Empovia reserves the right to remove any content at our sole discretion.

Limitation of Liability

This site and all included content is provided by Empovia Inc. on an “as is” and “as available” basis. Empovia makes no warranties, either expressed or implied, as to the operation of the site or the content contained therein. You expressly agree that your use of Empovia.co is at your own risk.

Empovia cannot warrant that this site, our servers, or email communications affiliated with the use of this website, are free from viruses. Empovia will not be responsible for any damages of any kind resulting from the use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages. This site and its content are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site and shall not be responsible or liable for any error or omissions in that information.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with Empovia’s Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Empovia Inc.

Empovia has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Empovia Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to indemnify and hold harmless Empovia Inc., its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30-day notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

Contact Us

If you have any questions about these Terms, please contact us at contact@empovia.co.

eLearning No Refund Policy

No Refund Policy

As a general policy, we do not provide refunds for our eLearning services. All sales are final.

Exceptions

In some cases, we may make an exception to our no-refund policy. Exceptions may be granted on a case-by-case basis, at our sole discretion, and in accordance with applicable laws and regulations.

Chargebacks and Disputes

If you initiate a chargeback or dispute with your bank or credit card company, we may dispute the chargeback or dispute with evidence of the transaction and our no refund policy. We reserve the right to take legal action or to refer the matter to a collections agency to recover any unpaid fees or costs associated with the chargeback or dispute.

Changes to this No Refund Policy

We may update this no-refund policy from time to time in response to changes in applicable laws or our business practices. We will notify you of any material changes to this policy by posting the revised policy on our website or by other means. We encourage you to periodically review this no-refund policy to stay informed.