Empire today, LLC Terms of Use

Effective Date:  March 24, 2025

These Terms of Use (“Terms”) govern your use of any Empire Today, LLC or its affiliates (“Empire,” “us,” “we,” or “our”) online service, including www.empiretoday.com, empire-today.my.site.com, and any other Empire website, mobile application, product, feature, tool, application, content, download, and other services where these Terms appear or are linked (collectively, the “Service”).

Please read these Terms carefully before continuing to access, browse, or use the Service. These Terms affect your legal rights, including by limiting Empire’s liability and requiring the resolution of Disputes on an individual, non-class basis, as further described in sections 9-12.

“You” or “your” mean you individually or the entity on behalf of which you are accessing or using the Service. When you access and/or use the Service, you agree to be bound to these Terms and represent that you (i) are of the age of majority in your jurisdiction; and (ii) have the authority to bind yourself and/or the company you represent to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Service.

By accessing and/or using any part of the Service, you acknowledge, accept, and agree to be bound by these Terms and consent to the collection, use, and disclosure of your personal information in accordance with the Privacy Policy, which is hereby incorporated and made part of these Terms. If you do not agree to these Terms, please do not use the Service.

These Terms may change over time, in which case we will post the modified Terms on this page and change the Effective Date. Your continued use of the Service following a change to these Terms signals your acceptance of the modification(s). In some instances, both these Terms and separate terms setting forth additional conditions will apply to the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

1. Service Content, Ownership, Limited License, and Rights of Others

A. Content. The Service may contain: (i) materials and other items relating to Empire and its products and services, and similar items from our licensors and other third parties, including: layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, website marks, and trade identities of various parties, including those of Empire (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All rights, title, and interest in and to the Service and the Content is the property of Empire, our licensors, or certain other third parties, and is protected by U.S.A. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

Except as expressly set forth in these Terms, no rights (either by implication, estoppel, or otherwise) are granted to you. You may not use the Content except as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, OR ANY OTHER MISUSE OF ANY OF THE Content IS STRICTLY PROHIBITED.

B. Limited License. Subject to your strict compliance with these Terms, and the Additional Terms, Empire grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, search, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet-enabled device (each, a “Device”). The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, the Service or any Content; and (ii) may be immediately suspended or terminated for any reason, in Empire’s sole discretion, and without advance notice or liability. Your unauthorized use of the Service or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

C. Communications. When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

D. Accounts. In order to access and use certain features of the Service, you may be required to register and create an account. By creating an account, you agree to: (i) provide accurate, current, and complete information about yourself and update it as necessary; (ii) maintain the security of your account; and (iii) immediately notify us of any unauthorized use of your account or any other breach of account security by contacting us at PrivacyPolicy@Empire-Today.com, and remain responsible for any unauthorized use thereafter. We reserve the right, in our sole discretion, to accept or reject your registration to create an account and/or to access the Service. You will not sell, transfer, or assign your account or any account rights. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.

E. Requests and Notifications. You agree to cooperate with all reasonable requests from Empire and to notify Empire promptly upon learning of any actual or suspected unauthorized use or abuse of the Service or Content, or if you breach these Terms.

F. Reservation of All Rights. All rights not expressly granted to you are reserved by Empire and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Service or Content for any purpose is prohibited.

2. Restrictions on Use of the Service and Content

A. Service Use Restrictions. You agree that you will not:

  1. Transmit or otherwise make available any content that is false, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, disparaging (including disparaging of Empire or its affiliates), vulgar, obscene, pornographic, invasive of another’s privacy, or that promotes violence, racial hatred, terrorism or illegal acts or is otherwise objectionable (as determined by Empire in its sole discretion);
  2. Transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
  3. Upload or transmit viruses, Trojan horses, or other harmful, disruptive or destructive files or code or post material that interferes with any third party's uninterrupted use and enjoyment of the Service;
  4. Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Service or to Empire, including forging any TCP/IP packet header or any part of the header information in any transmission to the Service for any reason;
  5. Transmit or otherwise make available through the Service any personal advertising, junk mail, spam, chain letters, pyramid schemes, or offers for sale of any products or services, except in areas specifically designated for such purposes;
  6. Violate any applicable local, state, federal, or international law, rule or regulation;
  7. Harass, stalk, or otherwise abuse another user;
  8. Except as permitted by agreement or contract with Empire or its subsidiaries or affiliates, use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products);
  9. Use any meta tags or any other “hidden text” utilizing any Trademarks;
  10. Engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities; are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive; that violate any right of any third party; or that are otherwise objectionable to Empire;
  11. Reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service;
  12. Interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content (defined below);
  13. Harvest or otherwise collect or store any information (including personal information about other users of the Service, including email addresses, without the express consent of such users);
  14. Attempt to gain unauthorized access to the Service, other computer systems, or networks connected to the Service, through password mining or any other means; or
  15. Otherwise violate these Terms or any Additional Terms.

B. Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Empire or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way.

C. Availability of Service and Content. Empire may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Empire’s sole discretion, and without advance notice or liability.

D. Reservation of All Rights Not Granted as to Content and Service. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Empire and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

3. Copyrights and Copyright Agent

A. DMCA Notice. Empire will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:

  1. A legend or subject line that says: “DMCA Copyright Infringement Notice;”
  2. A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. A description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL on which the material appears);
  4. Your full name, address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
  7. Your electronic or physical signature.

Empire will only respond to DMCA Notices that it receives by mail, email, or facsimile at the addresses below:

Mail: Empire Today, LLC, 333 Northwest Ave., Northlake, IL 60164, Attn: Hillary Victor, General Counsel

Email: PrivacyPolicy@Empire-Today.com

Facsimile: (708) 202-6134

It is often difficult to determine if your copyright has been infringed. Empire may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Empire may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

We have a policy of terminating the ability of users who (in our reasonable discretion) are repeat infringers to post submissions on the Service. Without limiting Empire’s other rights, Empire may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website or service owned or operated by Empire.

B. Counter-Notification. If access on the Service to a work that you submitted to Empire is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

  1. A legend or subject line that says: “DMCA Counter-Notification;”
  2. A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the webpage from which the material was removed or access to it disabled);
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. Your full name, address, telephone number, email address, and the username of your account (if you have an account);
  5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Northern District of Illinois), and that you will accept Service of process from the person who provided DMCA notification to us or an agent of such person; and
  6. Your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed of disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the address above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

4. Reliance on Service Content and Content Accuracy

Empire assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the Service. Any reliance you place on such information is strictly at your own risk. Empire disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its Content. Images and renderings on the Service are for illustration purposes only and may not be an exact representation of the actual product, including color variation. Empire reserves the right to change or update any products (including, without limitation, features, attributes, specifications, and descriptions) at any time without notice. While Empire strives to maintain accurate product information and images both digitally and in print, (i) product changes may potentially result in the existence of outdated product information; and (ii) actual products delivered may contain slight design/color variations from those depicted on the Service. In addition, Empire does not warrant that product descriptions or other Content of the Service are accurate, complete, reliable, current, or error-free.

The Service may include Content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by Empire, are solely the opinions and the responsibility of the person or entity providing those materials.

Empire will use reasonable efforts to include accurate and current information on the Service, but there may be occasions when information on the Service contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, financing, availability, and other matters. Empire reserves the right to correct any errors and to update Service information at any time.

5. Procedure For Alleging Infringement of Other Intellectual Property

If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice to the address set forth above that includes all of the following:

  1. A legend or subject line that says: “Intellectual Property Infringement Notice;”
  2. A description of the intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL on which the material appears);
  4. Your full name, address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
  7. Your electronic or physical signature.

We will act on such notices in our sole discretion. Any user of the Service that fails to respond satisfactorily to Empire with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.

6. Information You Submit

A. General. Empire may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, or otherwise make available on or submit through the Service messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”). Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content, and you remain ultimately responsible for it.

B. Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Service’s posted Privacy Policy or any Additional Terms, you agree that (i) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (ii) Empire does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon Empire’s request, you will furnish us with any documentation necessary to substantiate the rights to such User-Generated Content and to verify your compliance with these Terms or any Additional Terms.

C. Unsolicited Ideas and Materials. In your communications with Empire, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, apps, products, services, books, scripts, software, or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition, Empire retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Empire’s receipt of your Unsolicited Ideas and Materials is not an admission by Empire of their novelty, priority, or originality, and it does not impair Empire’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

D. License to Empire of Your User-Generated Content. You, as permitted by applicable law, agree and hereby grant to Empire, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or Devices now known or hereafter developed, and to advertise, market, and promote the same. In order to further effect the rights and license that you grant to Empire to your User-Generated Content, you also hereby agree and grant to Empire, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you agree and hereby waive any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 6(D).

E. Empire’s Exclusive Right to Manage Our Service. Empire may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Empire may, in its sole discretion, reject, delete, move, reformat, remove, refuse to post, or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner.

F. Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that (i) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant Empire the rights to it that you are granting by these Terms and any Additional Terms, all without any Empire obligation to obtain consent of any third party and without creating any obligation or liability of Empire; (ii) the User-Generated Content is accurate; (iii) the User-Generated Content does not and, as to Empire’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; (iv) the User-Generated Content will not violate these Terms or any Additional Terms; and (v) the User-Generated Content will not cause injury or harm to any person.

G. Enforcement. Empire has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at Empire’s cost and expense, to which you hereby consent and irrevocably appoint Empire as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

H. Artificial Intelligence. We may utilize artificial intelligence, machine learning tools, or similar technology when you submit information on the Service (“Artificial Intelligence Tools”) to enhance your experience and to assist us with customer service. You acknowledge and agree that any information, including any User-Generated Content, that you provide on the Service may be used as an input for such Artificial Intelligence Tools. You further agree that we (or one of our vendors) may use any output generated from the Artificial Intelligence Tools for our own commercial purposes, including to develop and improve our Service and train artificial intelligence algorithms, models, and solutions.

7. Text Communications 

SMS Features. Individuals may opt in to receive recurring, autodialed SMS and MMS text messages (“Texts”) that may include information about promotions, specials, in-home estimates, and other content sent by us. By signing up to receive Texts, you agree to be bound by this section, and our Privacy Policy . By enrolling to receive Texts, you certify that (i) you are the age of majority in the jurisdiction in which you reside, (ii) you are the account holder of the mobile number you are enrolling (or you have the account holder’s permission to enroll the number), and (iii) you agree to the practices described in this section. While we do not charge you for Texts, message and data rates may apply. Depending on your text and data plan, you may be charged by your carrier to receive Texts. The number of Texts you receive may vary depending on your interactions with us. Consent to receive marketing Texts is not required as a condition of purchasing any goods or services. We may use an autodialer to send the Texts to the mobile phone number you enroll. To stop receiving Texts, simply respond by texting “STOP” to any Text(s) you have received. You can also text “HELP” if you need assistance. We do not guarantee availability or performance of text messaging services and are not responsible for delays related to the transmission of Texts or for undelivered Texts. Texts may not be available in all areas or supported by all carriers or all devices. Supported carriers include: AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, MetroPCS, and other regional carriers.

8. Warranty Disclaimer

To the fullest extent permitted by applicable law, your access to and use of the Service is at your sole risk and you understand and agree that the Service, its Content, and its links and communications are provided on an “as is,” “as available,” and “with all faults” basis. Empire disclaims all warranties, representations, and conditions, of any kind, either express or implied, regarding the Service (including its Content, hardware, software, and links), whether now known or hereafter enacted, including, without limitation, any warranties of title or implied warranties of merchantability, non-infringement, fitness for a particular purpose, title, results, accuracy, completeness, accessibility, compatibility, security, and freedom from malware, or those arising by statute or otherwise in law or from a course of dealing, course of performance, or usage of trade. Some jurisdictions do not permit the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary by jurisdiction. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law. The Service contains facts, opinions, views, statements, and recommendations of third-party individuals and organizations. The Service does not represent or endorse the accuracy, timeliness, completeness, or reliability of any facts, opinions, views, statements, recommendations, or other information displayed, uploaded, or distributed through the Service. You acknowledge that any reliance upon any such facts, opinions, views, statements, and/or recommendations is at your sole risk. Empire does not endorse, warrant, or guarantee any product or service offered through the service and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Therefore, to the fullest extent permissible by law, Empire and its parent(s), subsidiaries, and affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Empire Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

  1. The Service (including the Content and the User-Generated Content);
  2. The functions, features, or any other elements on, or made accessible through, the Service;
  3. Any products, services, or instructions offered or referenced at or linked through the Service;
  4. Security associated with the transmission of your User-Generated Content transmitted to Empire or via the Service;
  5. Whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
  6. Whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
  7. Whether any defects to or errors on the Service will be repaired or corrected;
  8. Whether your access to the Service will be uninterrupted;
  9. Whether the Service will be available at any particular time or location; and
  10. Whether your use of the Service is lawful in any particular jurisdiction.

9. Limitations of Liability and Remedies

Empire’s entire liability and your exclusive remedy with respect to any Dispute (as defined below) with Empire (including without limitation your use of the Service or receipt of any communications) is to discontinue your use of the Service. 

You understand and agree that the Empire Parties are not responsible for any damage to any user's computer, including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction. The Service may be temporarily unavailable due to maintenance or malfunction of computer equipment.

empire parties shall not be liable for any loss or damages of any kind (including, without limitation, any direct, special, indirect, incidental, exemplary, consequential, economic, or punitive damages), whether based in tort, contract, strict liability or otherwise (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Service) including, without limitation, resulting in any way from or in connection with: (i) the Service; (ii) any action taken in connection with an investigation by Empire or law enforcement authorities regarding your use of the Service; (iii) the Content or User-Generated Content; or (iv) any errors or omissions in the Service’s technical operation, even if the Empire parties had been advised of the possibility of such damages and regardless of the legal and equitable theory upon which the claim is based.  In any event, if any of the above provisions in this section are not enforceable in an applicable jurisdiction, the maximum liability of empire will be limited to one hundred dollars ($100).

By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

10. Waiver of Injunctive or Other Equitable Relief

As permitted by applicable law, if you claim that you have incurred any loss, damages, or injuries in connection with your use of the Service, then the losses, damages, and injuries will not be irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. This means that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any website, application, Content, User-Generated Content, product, Service, or intellectual property owned, licensed, used or controlled by Empire or a licensor of Empire.

11. Indemnification

You agree to defend, indemnify, and hold Empire Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees and costs) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Empire Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use or misuse of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, confidentiality, property, or privacy, or other right of any person or entity; (vi) any misrepresentation made by you; or (vii) Empire Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You agree to cooperate as fully required by Empire Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Empire Parties retain the exclusive right to retain counsel of their choosing, settle, compromise, and pay any and all Claims and Losses. Empire Parties reserve the right to assume, at your expense, the exclusive defense and control of any Claims and Losses. You will not in any event settle any Claims and Losses without, in each instance, the prior written consent of an officer or legal representative of Empire.

12. Dispute Resolution

A. First – Try To Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Service, the Content, your User-Generated Content, Wireless Features, these Terms, or any Additional Terms, whether heretofore or hereafter arising, including as relates to our service providers (collectively, “Dispute”), or to any of Empire’s actual or alleged intellectual property rights (an “Excluded Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it (“Notice of Dispute”). Our Notice of Dispute to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 12.A. Your Notice of Dispute to us must be sent to: Empire Today, LLC, 333 Northwest Ave., Northlake, IL 60164, Attn: General Counsel. For a period of sixty (60) days from the date of receipt of notice from the other party, Empire and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Empire to resolve the Dispute or Excluded Dispute on terms with respect to which you and Empire, in each of our sole discretion, are not comfortable. If an agreement cannot be reached within sixty (60) days of receipt of the Notice of Dispute, you or Empire may commence a lawsuit.

B. NO CLASS ACTION MATTERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. YOU AND EMPIRE ACKNOWLEDGE THAT ANY AND ALL DISPUTES WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY AND ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND YOU AND EMPIRE WILL NOT SUE AS A CLASS PLAINTIFF OR CLASS REPRESENTATIVE, JOIN AS A CLASS MEMBER, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING. NOTHING IN THIS PARAGRAPH LIMITS EITHER PARTY’S RIGHTS TO BRING A LAWSUIT AS AN INDIVIDUAL PLAINTIFF.

You may opt out of the mutual agreement to resolve Disputes on an individual basis only and continue to use the Services. In order to opt out, you must send a letter to: Empire Today, LLC, Attention: General Counsel – Dispute Agreement Opt-Out to be post-marked no later than ten (10) days following your first use of the Services containing the Terms effective as of March 4 , 2025. In order to be effective to opt out, your letter must include your name, email address and date of your first use of the Services containing the Terms effective as of March 22, 2021. Note that opting out of this Class Action waiver does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any Disputes must be brought.

C. Limited Time To File Claims. To the fullest extent permitted by applicable law, if you or we want to assert a Dispute (but not an Excluded Dispute) against the other, then you or we must commence it (by delivery of A NOTICE OF DISPUTE as set forth in section 12.a) within one (1) year after the Dispute arises – or it will be forever barred.

D. Injunctive Relief. The foregoing provisions of this Section 12 will not apply to any legal action taken by Empire to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User-Generated Content, Wireless Features and/or Empire’s intellectual property rights (including such Empire may claim that may be in dispute), Empire’s operations, and/or Empire’s products or services.

E. WAIVER OF JURY TRIAL. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES.

F. Federal and State Courts in Cook County, Illinois. Any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Cook County, Illinois. Accordingly, you and Empire consent to the exclusive personal jurisdiction and venue of such courts for such matters.

13. Third-Party Sites, Advertisements, and Dealings with Third Parties

A. Third-Party Content and Sites; Advertisements. The Service may contain links to third-party websites that are not owned, controlled, or operated by Empire. The Service may also include links to third-party ads on the Service or otherwise, to or from third-party websites (collectively, “Third-Party Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Empire. Empire may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and Empire does not assume any obligation to review or monitor any Third-Party Sites. Empire does not endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items. These Third-Party Sites are not under Empire’s control, and you acknowledge that, whether or not such Third-Party Sites are affiliated in any way with Empire, Empire is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third-Party Sites. The inclusion of such a link does not imply endorsement of any Third-Party Site by Empire or any association with its operators. Furthermore, Empire is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such Third-Party Sites. Finally, Empire will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright, or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these Third-Party Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. Empire disclaims all liability in connection therewith.

B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy, and data security). Empire disclaims all liability in connection therewith.

14. Linking Policy

If you link to the Service, we require that you follow these guidelines. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (i) the links to the Service must not damage, dilute, or tarnish the goodwill associated with any Empire names or any other intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored by, endorsed by, affiliated with, or associated with Empire; (ii) the links only incorporate text, and do not use any Trademarks; and (iii) the links and the content on your website do not portray Empire or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Empire. You agree that you will not link to the Service from any source that is unlawful, abusive, indecent, or obscene; that promotes violence or illegal acts; that contains expressions of racism; or that is libelous, defamatory, scandalous, inflammatory, or is otherwise inappropriate. Under no circumstances may you “frame” the Service or alter its intellectual property or Content in any way. Empire reserves the right, in its sole discretion, prohibit linking to the Service or to terminate a link with any website that it deems inappropriate or inconsistent with the Service or these Terms.

15. Promotions

This Service may contain or offer promotions, promotional discounts, or sweepstakes (“Promotions”) which may be governed by separate sets of rules and Additional Terms that describe the Promotions’ eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration, or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable Promotion, and to read any Additional Terms to confirm their operation.

16. General Provisions

A. Empire’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grants Empire a right of consent or approval or permits Empire to exercise a right in its “sole discretion,” Empire may exercise that right in its sole and absolute discretion. No Empire consent or approval may be deemed to have been granted by Empire without being in writing and signed by an officer of Empire.

B. Applicable Law. These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the Illinois, without regard to its conflicts of law provisions.

C. Operation of Service; Availability of Products and Services; International Issues. Empire controls and operates the Service from the U.S.A., and Empire makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any Content, program, product, website, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Content, program, product, website, or other feature that we provide. You and we disclaim any application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods.

D. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation.” The section headings are provided for convenience only and shall not limit the full Terms. In the event there is a discrepancy or inconsistency between the English language version and any translated version of these Terms, unless otherwise provided by law, the English version shall prevail and govern.

E. Investigations; Cooperation with Law Enforcement; Termination; Survival. As permitted by applicable law, Empire reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and any Additional Terms; (iii) investigate any information obtained by Empire in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and any Additional Terms; and (vi) discontinue the Service, in whole or in part, or suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Empire under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Empire, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination, will survive your suspension or termination, including the rights and licenses you grant to Empire in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

F. Assignment. Empire may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Empire.

G. Complete Agreement; No Waiver. These Terms reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Service. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by Empire in exercising any of rights, powers, or remedies under these Terms will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by Empire.

H. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service providers, mobile services, and any other services needed for your access to and use of the Service and you will be responsible for all charges related to them.

17. Contact Information

If you have any questions about these Terms or the Service, you may contact us by email at PrivacyPolicy@Empire-Today.com with Attention: Terms of Use in the subject line.