Terms & Conditions

EmpInfo, Inc.

TERMS AND CONDITIONS

Welcome to the Internet site of EmpInfo, Inc. (“EmpInfo”). EmpInfo is referred to herein as “we,” “us” or “our.” The users of our site are sometimes referred to as “You.”

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING ANY PART OF THE EMPINFO WEBESITE. BY USING ANY EMPINFO WEBSITE, REGISTERING FOR ANY OF EMPINFO’S ONLINE VERIFICATION SERVICES, OR BY CLICKING A BOX THAT STATES YOU ACCEPT OR AGREE TO THESE TERMS, YOU SIGNIFY YOUR AGREEMENT TO BE EXPRESSLY BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE THE EMPINFO WEBSITE.

From time to time, special terms may apply to some services offered by EmpInfo. These terms, if in existence, are posted in connection with the applicable service. Any such terms are in addition to these terms and conditions of use, and in the event of a conflict, prevail over these terms and conditions of use. You acknowledge that these terms and conditions of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the EmpInfo and receipt of data, materials and information available at or through the EmpInfo website.

USE OF SITES AND CONTENT

Subject to the terms and conditions of these Terms and Conditions of Use, EmpInfo hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the EmpInfo website as set forth herein. All information, materials, functions and other content (“Content”) contained on EmpInfo’s website are our copyrighted property or the copyrighted property of our licensors. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors. You may not copy or modify the HTML or other code used to generate web pages on our website. We may change the EmpInfo website or delete Content or features at any time, in any way, for any or no reason at all.

By using the EmpInfo website, you agree not to interrupt or attempt to interrupt, deface or attempt to deface, “reverse engineer” or modify or attempt to modify the our site’s content or operation in any way.

EmpInfo authorizes you to view and download Content from the Web site for your personal or, in the case of our commercial, business, e-Commerce or transactional services, legitimate business and commercial use as a customer. This authorization is not a transfer of title or ownership in the Content and all Content downloaded from our site, and provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, (c) do not use the Content in a manner that suggests an association with any of our products, services or brands, and (d) do not obtain, misappropriate, or use the Content in violation of any state or federal law, including, but not limited to, all privacy regulations applicable to the use and further dissemination of such Content.

If you have comments regarding our website (or EmpInfo in general) or ideas on how to improve it, please send an email to webservices@www.empinfo.com. Please note that by doing so, you also grant EmpInfo a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the website and other products or services, and to otherwise exploit your ideas and comments, in each case without any compensation.
By visiting our site, you expressly agree not to attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures. You may not use the EmpInfo website in any manner that in EmpInfo’s sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Empinfo website. You may not intentionally interfere with or damage the operation of the EmpInfo website or any user’s use of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the EmpInfo website, features that prevent or restrict the use or copying of any content accessible through the EmpInfo website, or features that enforce limitations on the use of the EmpInfo website. You may not attempt to gain unauthorized access to the EmpInfo website, or any part of it, other accounts, computer systems or networks connected to the EmpInfo website, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the EmpInfo website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the EmpInfo website. You agree neither to modify the EmpInfo website, nor to use modified versions of the EmpInfo website, including (without limitation) for the purpose of obtaining unauthorized access to the EmpInfo website. You agree not to attempt to access or search the EmpInfo website with any engine, software, tool, agent, device or mechanism other than the search agents provided by EmpInfo.

ACCOUNTS

Some services on the EmpInfo website permit or require you to create an account to participate or to obtain certain and/or additional benefits or services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at webservices@www.empinfo.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to EmpInfo’s website. In addition, you agree to exit from your account at the end of each session, whether or not exiting would compromise our website or the information contained therein.

We may suspend or terminate your account and your ability to use our website, service, or any portion thereof for failure to comply with these terms and conditions of use or any special terms related to a particular service, or for any other reason whatsoever, at any time.

THIRD PARTY LINKS

When you are on the EmpInfo website, there may, from time to time, be links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; a different terms and conditions of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the EmpInfo website or third-party content contained on our website. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

LINKS TO AND FROM EMPINFO SITES

We may provide Web site users with the ability to “hyperlink” to websites other than those branded and controlled by EmpInfo. We offer these hyperlinks to bring users additional data and services that may be of interest to them. While we carefully evaluate each site or service before establishing a hyperlink to this location, EmpInfo makes no claim or warranty as to the validity of those external sites and services as set forth above. For these reasons, we firmly recommend that you to review each of these sites’ privacy policies and terms and conditions.

Hyperlinks to the EmpInfo site are permitted but must meet the following requirements:

When using a text link, use EmpInfo. Link to http://www.www.empinfo.com. Deep links to other pages on our site are strictly prohibited and may, in our experience, “break” at any time and without warning. Hyperlinks to all other areas of our site are prohibited without express written permission from EmpInfo. To request permission, please email webservices@www.empinfo.com. EmpInfo may change, amend, or remove these guidelines as well as the permission to link to our website at any time and without prior notice for any reason or no reason at all.

We do and will record the URL, IP address, and other specific information about sites that link to the Web Site. You agree that if you establish hyperlink(s) to our website, its Content, materials, or services, EmpInfo may, at its discretion, require that those links be modified or removed at any time and without prior notice. You agree to comply with that request within 24 hours of notification.

DISCLAIMERS

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO EMPINFO’S WEBSITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM ANY EMPINFO SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT OUR SITES OR ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY EMPINFO SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT, NOR DO WE WARRANT THE ACCURACY OF THE CONTENT OR ANY INFORMATION YOU MAY OBTAIN FROM OUR SITE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

The content of the EmpInfo website is not intended to, and does not, constitute professional advice, and may not be used for such purposes. Always seek the advice of a qualified professional with any questions you may have regarding the possession and use of the information you may seek or obtain on the EmpInfo website. Reliance on any information appearing on the EmpInfo website is strictly at your own risk.

INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the EmpInfo website and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

RELEASE

If You have a dispute with one or more users of the EmpInfo website, You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In addition, we have no obligation to check whether Users are using the site services in accordance with these Terms of Use or any other agreement. Under no circumstances shall we be obligated to investigate or pursue any complaints made by a user against any other user using the Site or Services or to take any other action in connection therewith, or take any action against a User for any reason, including without limitation, for violating the terms of this Agreement. We may, in our sole discretion, decide to take appropriate action against any person it suspects to be engaging in any unlawful activity or otherwise violating the terms of this Agreement; but we are under no obligation to do so You will not be entitled to a refund from EmpInfo for any sums You believe to be owed to You as a result of any other User’s misconduct, unlawful behavior or otherwise, whether or not EmpInfo pursues any action against such User. It is your sole responsibility to resolve such issues without involving the EmpInfo website.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY EMPINFO SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A EMPINFO SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY EMPINFO SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO EMPINFO SITES OR CHANGE THE EMPINFO SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

GOVERNING LAW, JURISDICTION AND VENUE

You agree that any action at law or in equity arising out of or relating to these terms and conditions of use or the EmpInfo website shall be governed by the laws of the State of California, without giving effect to any principles of conflicts of law. You also agree that any action arising hereunder shall be filed, and that venue properly lies, only in state or federal courts located in Santa Clara, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on any EmpInfo Site is appropriate or available for use in any particular location. Those who choose to access the EmpInfo site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

AMENDMENT

At any time, we may amend these terms and conditions of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms and conditions of use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the website covered by these Terms of Use. Any such amendment to these terms and conditions of use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the sites. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

GENERAL PROVISIONS

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms and conditions of use shall not constitute a waiver of such right or provision. In these Terms of Use, the word “including” is used illustratively, as if followed by the words “but not limited to.” YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OF USE OR ANY EMPINFO SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. Supply of goods, services and software through the EmpInfo website is subject to United States export control and economic sanctions requirements. By acquiring any such items through EmpInfo’s website, if at all, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the EmpInfo website if: 1) you are in, under the control of, or a national or resident of any embargoed county, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to any embargoed county (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

PRIVACY POLICY

We understand you value your privacy. At EmpInfo, we want to make your experience online satisfying and safe. For these reasons, we have created a privacy policy that governs information you provide to us or we learn from your use of this website and our software programs, and tells you how we may collect, use and in some instances share this information. The policy sets forth, among other things, that we do everything we can to prohibit the collection, use, and dissemination of Personal Health Information under the Health Insurance Portability and Accountability Act (“HIPAA”) and Personal Information of children under the age of 13 as set forth in the Children’s Online Privacy Protection Act (“COPPA”). Any attempt by any entity or individual to transmit Personal Health Information under HIPAA or Personal Information of children under the age of 13 under COPPA is strictly prohibited. Further, any offending individual or party agrees to indemnify EmpInfo for any damages arising out of that unlawful and prohibited transmission, including reasonable attorneys’ fees incurred by EmpInfo in defending that transmission, if any.

Please review our privacy policy, located here. By using our website, you indicate your acceptance of our Privacy Policy.

QUESTIONS OR COMMENTS
Questions or comments about our Terms of Conditions and Use, Privacy Policy, or other aspects of the EmpInfo website can be emailed to webservices@www.empinfo.com or sent by US Mail to: EmpInfo, Inc., 6050 Hellyer Avenue, Suite 175, San Jose, California, 95138.
*Updated on June 30, 2016
Copyright© 2016 EmpInfo. All Rights Reserved.