CONDITIONS OF USE

Effective January 1st, 2005

 

Welcome to EmpireGX.com ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").

 

GENERAL
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.

We may change, move or delete portions of, or may add to, our Site from time to time.

 

SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by EmpireGX.com, and its subsidiaries and/or affiliates ("EmpireGX.com"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by EMPIREGX.com. EmpireGX.com trademarks appearing on this site are trademarks of EmpireGX.com.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

 

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to EmpireGX.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain EmpireGX.com's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to EmpireGX.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, EmpireGX.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. EmpireGX.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that EmpireGX.com may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that EmpireGX.com may use your information for marketing and promotional purposes.

 

EmpireGX.com'S COMMUNICATIONS TO YOU
You agree that EmpireGX.com may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of EmpireGX.com's products or services, or for such other purpose(s) as EmpireGX.com deems appropriate.

 

PRODUCT INFORMATION
Most EmpireGX.com products displayed at the Site are available while supplies last. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

 

COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

 

LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which EmpireGX.com does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

 

INACCURACY DISCLAIMER
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

 

INDEMNIFICATION
You agree to defend, indemnify and hold EmpireGX.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

 

MISCELLANEOUS
Unless otherwise specified and except to the extent EmpireGX.com products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting EmpireGX.com's products and services available in the United States and select foreign markets. This Site is controlled and operated by EmpireGX.com from its offices in Houstos, Texas.

This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Texas, County of Harris.

 

TERMINATION
This Agreement is effective unless and until terminated by either you or EmpireGX.com. You may terminate this Agreement at any time. EmpireGX.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in EmpireGX.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or EmpireGX.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

 

DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT EmpireGX.com SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.