Terms of Use

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION AGREEMENT AND A

CLASS-ACTION WAIVER (SECTION 11) THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST USING THE WEBSITE BY FOLLOWING THE PROCEDURE IN SECTION 11.

Acceptance of These Terms

These Terms of Use ("Terms") are a legal contract between you (either as an individual or on behalf of the entity you represent) and The Dot Net Factory, LLC dba EmpowerID and its affiliates ("EmpowerID," "we," "our," or "us") for access to and use of www.empowerid.com and related EmpowerID-operated websites (collectively, the "Website"). For purposes of these Terms, "affiliates" means companies under common ownership with EmpowerID, including any parent company.

By accessing or using the Website — including by clicking "I Agree," submitting a form, registering for a demo, or otherwise indicating acceptance — you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Website.

Eligibility and Authority

You represent and warrant that (a) you are at least 18 years old; (b) you are legally permitted to enter these Terms in your place of residence; and (c) if you are accepting on behalf of an organization, you have authority to bind that organization to these Terms. EmpowerID may refuse service, terminate accounts, or remove content at its discretion.

Information You Provide; Privacy

Your provision of information to EmpowerID through the Website is governed by our Privacy Policy, available at https://www.empowerid.com/privacy. The Privacy Policy and any other legal notices posted on the Website are incorporated into these Terms.

You agree that any non-personal information you provide is non-confidential and that EmpowerID may use it for any lawful purpose. Personal information is handled in accordance with the Privacy Policy.

Recording and Monitoring; Consent

You acknowledge and consent that EmpowerID and its service providers may record, monitor, and analyze your interactions with the Website, including page views, clicks, scroll behavior, mouse movements, form inputs (excluding password and other masked sensitive fields), and chat or telephone communications you have with us. Recording and tracking is performed for the purposes described in our Privacy Policy.

This consent is intended to satisfy any applicable legal requirement, including under the California Invasion of Privacy Act (Cal. Penal Code §§ 630–638), the federal Electronic Communications Privacy Act, and any analogous state or federal laws. California residents may exercise additional rights described in the Privacy Policy.

Acceptable Use

You shall not, and shall not permit any third party to:

• Use spiders, scrapers, robots, intelligent agents, or any extraction or automated browsing tool, except for ordinary use by a human via a standard web browser;
• Aggregate, copy, or duplicate Website materials except for the small amount temporarily required for ordinary single-user use;
• Use any Website content, documentation, or materials to train or fine-tune artificial intelligence or machine-learning models, or to build datasets for such training, without our prior written authorization;
• Access data not intended for you, attempt unauthorized access, or interfere with the Website or its underlying systems;
• Use the Website to develop, market, or support a product or service that competes with EmpowerID, or for benchmarking or competitive-analysis purposes;
• Disable, overburden, or impair the Website or interfere with another party's use; conduct denial-of-service or distributed denial-of-service attacks; or transmit viruses, worms, malware, trojan horses, or other malicious code;
• Use the Website for any illegal or unauthorized purpose, or in violation of export-control, sanctions, anti-bribery, competition, false-advertising, consumer-protection, privacy, or other applicable laws;
• Allow another person or entity to use your account or credentials;
• Sell, resell, license, sublicense, rent, lease, share, commercially exploit, or provide access to the Website, any EmpowerID portal, demonstration environment, API, documentation, or related service for the benefit of any third party, including as part of a service bureau, managed service, outsourcing, or application-service-provider offering, without EmpowerID's prior written authorization;
• Reverse engineer, decompile, disassemble, probe, scan, test, or attempt to derive the source code, underlying structure, security architecture, or non-public functionality of the Website, any demonstration environment, documentation portal, software component, API, or related EmpowerID system, except to the extent such restriction is prohibited by applicable law;
• Submit User Content (defined below) that infringes intellectual property; that violates any confidentiality obligation, privacy right, publicity right, or other proprietary or personal right of any person or entity; that is unlawful, defamatory, harassing, hateful, threatening, pornographic, obscene, racially or ethnically offensive; that contains false, misleading, deceptive, or unsubstantiated statements, spam, chain letters, phishing messages, unauthorized solicitations, or other abusive or deceptive communications; or that encourages unlawful conduct.

You are solely responsible for all activity associated with your account and all User Content you submit. EmpowerID reserves the right to suspend, terminate, or remove access for any violation, and to bring legal action for damages.

Intellectual Property

The Website, its content, and all related intellectual property rights are owned by EmpowerID, its independent contractors, or its licensors. "EmpowerID," "EmpowerNow," and "The Dot Net Factory, LLC" are registered trademarks of The Dot Net Factory, LLC. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to view, store, print, and reproduce pages of the Website for non-commercial use within your organization. All other rights are reserved.

DMCA Notices. If you believe content on the Website infringes your copyright, send a notice that complies with 17 U.S.C. § 512(c)(3) to our designated DMCA agent at legal@empowerid.com. Repeat infringers will be terminated.

User Content

"User Content" means any data, text, links, media, comments, feedback, suggestions, or other material you submit to the Website. You grant EmpowerID a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, publish, and distribute User Content for any lawful purpose related to operating and improving the Website and EmpowerID products, except to the extent the User Content constitutes personal information governed by the Privacy Policy.

You represent and warrant that User Content is your original work or that you have the rights necessary to grant the foregoing license, and that User Content does not violate any third-party right.

Third-Party Websites and Services

The Website may contain links to or integrations with third-party websites or services that we do not own or control. EmpowerID makes no representations about the content, security, privacy, or availability of those third parties, and your use of them is at your own risk and subject to their own terms and policies.

Disclaimers and Limitation of Liability

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EMPOWERID DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMPOWERID AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS (THE "EMPOWERID INDEMNITEES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE WEBSITE.

EMPOWERID'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS, THE FOREGOING LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity

You shall indemnify, defend, and hold harmless the EmpowerID Indemnitees from and against all third-party claims, liabilities, damages, losses, and costs (including reasonable attorneys' fees) arising out of or related to (i) your User Content; (ii) your use of the Website; (iii) your violation of these Terms; or (iv) your infringement or misappropriation of any intellectual-property or other right of any person or entity.

Binding Arbitration and Class Action Waiver

Agreement to Arbitrate

Except for the Excluded Disputes described below, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or your access to or use of the Website (a "Dispute") shall be resolved by binding individual arbitration administered by a nationally recognized arbitration provider mutually agreed upon by the parties, under that provider's then-current rules for consumer or commercial arbitration, as applicable. If the parties cannot agree on a provider within 30 days after a demand for arbitration, EmpowerID will select a nationally recognized arbitration provider. The arbitrator shall apply the substantive law of the State of Ohio without regard to conflict-of-laws principles. The arbitration shall be conducted in English and, unless the parties agree otherwise, in Franklin County, Ohio, or by videoconference. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

YOU AND EMPOWERID AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate the claims of multiple parties and may award relief only on an individual basis. If this class-action waiver is held unenforceable as to any claim, that claim shall be severed and resolved in court, and the remaining claims shall proceed in arbitration.

30-Day Right to Opt Out

You may opt out of this Arbitration Agreement (Section 11) by sending written notice to legal@empowerid.com within 30 days of first accepting these Terms. Your notice must include your full name, address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

Excluded Disputes

The following are excluded from arbitration: (a) claims for injunctive or equitable relief to protect intellectual-property rights; (b) small-claims-court actions for individual claims within that court's jurisdiction; and (c) any claim that applicable law prohibits from being arbitrated.

Federal Arbitration Act

This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The arbitrator, and not any court, has exclusive authority to decide threshold issues of arbitrability, except that the court shall decide whether the class-action waiver in Section 11.2 is enforceable.

Governing Law and Venue

These Terms and any non-arbitrable dispute will be governed by the laws of the State of Ohio, without regard to conflict-of-laws principles. For disputes not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Franklin County, Ohio, and waive any objection based on inconvenient forum.

Changes to These Terms

EmpowerID may revise these Terms from time to time. The most current version will be posted at https://www.empowerid.com/terms with a new "Effective Date." For material changes, we will provide at least 30 days' advance notice via banner on the Website or, where we have your email address, by email.

Continued use of the Website after the effective date of revised Terms constitutes acceptance.

Accessibility

EmpowerID is committed to digital accessibility and aims to conform to WCAG 2.1 Level AA. To report an accessibility barrier or request information in an accessible format, contact accessibility@empowerid.com.

Miscellaneous

Severability. If any provision of these Terms is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.

No Waiver. Our failure to enforce any provision is not a waiver of that provision.

Assignment. You may not assign these Terms without our prior written consent. EmpowerID may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.

Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices on the Website, constitute the entire agreement between you and EmpowerID regarding the Website and supersede prior agreements.

Survival. Sections 6, 7, 9, 10, 11, 12, and 15 survive termination of these Terms.

Contact Us

If you have any questions about these Terms, please contact us at:

The Dot Net Factory, LLC dba EmpowerID

4393-A Tuller Road, Dublin, OH 43017 USA
Email: legal@empowerid.com
Phone: +1 614-652-6825