E4S Terms and Service agreement

This Terms of Service Agreement (hereinafter "Agreement") sets forth the terms and conditions by which we, Empower4Success, provide the Empower4Success Application Services to site visitors, users, registered members, performers, studio owners and account holders. By visiting our site, using any of the tools and services provided via our site, or registering an account, you thereby agree to be bound by each of the terms and conditions of this Agreement.

We may automatically amend this Agreement at any time by informing you of the amended terms via email to an email address you provide to us, if you are a registered account holder. Such amendments will be effective when sent to your last known email address. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. Alternatively, we may merely post the amended terms and make them available to be read by current account holders. In such cases, the modified terms and conditions of this Agreement are effective and in force when posted by us.

For those visitors to Empower4Success who have not registered as users, or who have let their memberships elapse, it is their responsibility to read this Terms of Service each time they access any portion of our site. Any usage of this site by you, including merely viewing our home page or any page published on our site, as an unregistered Empower4Success user, means that you agree to be bound by each and every one of the terms and conditions of this Terms of Service Agreement.

Scheduled Maintenance

Empower4Success makes every effort to perform all service maintenance activities during pre-scheduled maintenance windows. Currently, the maintenance windows are set for Friday and Saturday evenings, from 10:00 p.m. to 2:00 a.m. UK. Standard Time, we may not utilize every maintenance window. If system downtime is planned during any maintenance window, we will issue an announcement prior to the date of the planned maintenance activity.

Billing Policies for performers and studio owners

1. Using Empower4Success.org is free but you have the option to take out a membership subscription which provides more teaching and training materials. You may select from monthly, quarterly, or yearly recurring billing plans. By accepting any of our services, you agree to keep us updated as to your billing information.
2. No refunds will be issued after thirty (30) days. Upon our approval, account balances may be used as a credit towards service purchases.
3. Accounts that have become delinquent (more than 90 days past due) are subject to deactivation without further notice being given to you.
4. Our Membership charges are not based upon actual usage of the Empower4Success service, but instead, are based upon an annual subscription. You must specifically cancel any service that you no longer wish to use and pay for.
5. You agree to hold Empower4Success, its officers, directors, employees, partners, affiliates and associates harmless and indemnify and defend from any civil claim of any nature that arises from your usage of the Empower4Success Application Services. You agree to be bound by the terms and conditions of our Acceptable Use Policy which is hereby incorporated by reference as if fully set forth herein.

Billing Policies for membership

1. You will be billed for services you have selected to receive on a recurring basis until and unless the service(s) we are providing is cancelled by you. By accepting any of our services, you agree to keep us updated as to your billing information.
2. No refunds will be issued after thirty (30) days. Upon our approval, account balances may be used as a credit towards service purchases.
3. Accounts that have become delinquent (more than 30 days past due) are subject to deactivation without further notice being given to you.
4. Our charges are not based upon actual usage of the Empower4Success service, but instead, are based upon a license fee that entitles you to use the Empower4Success service. You must specifically cancel any service that you no longer wish to use and pay for.
5. You agree to hold Empower4Success, its officers, directors, employees, partners, affiliates and associates harmless and indemnify and defend from any civil claim of any nature that arises from your usage of the Empower4Success Application Services. You agree to be bound by the terms and conditions of our Acceptable Use Policy which is hereby incorporated by reference as if fully set forth herein.

Acceptable Use Policy

This Acceptable Use Policy (the “Policy”) governs all uses of Empower4Success Services and supplements any Master Service Agreement, Terms of Service, End User License Agreement or other contracting document for the provision and use of Empower4Success Services (the “Services Agreement”). Capitalized terms not defined herein have the meaning set forth in the Services Agreement. This policy defines the standards Empower4Successs expects its customers and end users to adhere to whilst using its services.

Empower4Success Services are designed to promote collaboration and effective working and business relationships by connecting users through content, pictures, voice, video and screen-sharing capabilities. As such, Empower4Success Services are intended for business use and purposes.

Customers and End Users may not use the Services to:

1. Post, stream or transmit any content, including live video, that violates this policy.
2. Do anything illegal, facilitate any illegal activity, or promote violence.
3. Do anything that threatens, exploits or otherwise harms children.
4. Engage in any activity that is harmful, obscene, or indecent (particularly as such would be understood in the context of business usage). This includes, for example, displays of nudity, violence, pornography, sexually explicit material, or criminal activity.
5. Facilitate or support human trafficking.
6. Engage in any activity that supports or facilitates terrorism or terrorist organizations
7. Engage in any activity that is fraudulent, false, or misleading.
8. Engage in any activity that is defamatory, harassing, threatening or abusive.
9. Store or transmit any data or material that is fraudulent, unlawful, harassing, libellous, threatening, obscene, indecent or otherwise inappropriate.
10. Send unauthorized messages, advertising or spam, including unsolicited promotional or commercial content or other mass solicitation material.
11. Misrepresent the User’s identity or affiliation with any entity or organization or impersonate any other person.
12. Harvest, collect, or gather user data without consent.
13. Violate or infringe any intellectual property or proprietary rights of others, including copyrights.
14. Violate the privacy of others or distribute confidential or personal information of others.
15. Engage in any activity that is harmful or disruptive to the Services or attempts to circumvent restrictions on access, usage or security of the Services. This includes transmitting viruses, malware or other malicious or destructive code or using tools that mask IP address location or to otherwise circumventing restrictions on use due to regulations or account closures.
16. As a condition of using the Services, Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations. The Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data. The Customer shall (a) as required by applicable law, provide notice to its customers (End-Users) and Agents, as well as obtain consent (if required) for processing and transferring Agents and End-Users Personal Data to the Company and its Third Party Service Providers; (b) be responsible for its employees, representatives, End-Users, and Agents that have access and use the Services; (c) comply with any limitations or restrictions set forth in the Agreement, and (d) use the Services only in compliance with applicable law.
17. The Customer acknowledges and agrees that in providing the Services, the Company will engage Sub-Processors to Process the Personal Data, including, and without limitation, any Personal Data within Service Data pursuant to the agreement within the UK, European Economic Area, the United States, and in other countries and territories. Any third-party service providers utilized by Empower4Success will only be given access to the Customer Account as is reasonably necessary to provide the Services and will be subject to (a) confidentiality obligations which are commercially reasonable and substantially consistent with the Company standards; and (b) their agreement to comply with the data transfer restrictions applicable to the Company. The names of all current Sub-Processors used for the Processing of Personal Data under the Agreement are set forth on the Company’s website.
18. The Customer is responsible for procuring and maintaining the network connections that connect your network to the Services, including, but not limited to, browser software that supports protocols used by the Company and to follow the Company’s procedures for accessing Services. We are not responsible for notifying Customer, Agents, or End-Users of any upgrades, fixes, or enhancements to any such software, or for any compromise of data, including Service Data, transmitted across computer networks or telecommunications facilities (including, but not limited to, the Internet) which are not owned, operated, or controlled by the Company. We assume no responsibility for the reliability or performance of any network connections as described in this section.
19. The Customer shall prevent unauthorized access by third parties to the Service and shall also oblige its employees and Agents to comply with this obligation.

If you become aware of any violation of this Policy, please contact Empower4Success at admin@Empower4Success.org. Empower4Success will investigate all reports and take immediate, appropriate action where warranted (in Empower4Success’s sole discretion). If a Customer or End User violates any of the terms of this Acceptable Use Policy, Empower4Success may immediately terminate the Customer’s account, suspend or terminate access or take any other appropriate action, including legal action if warranted.

Additional Terms

1. We may terminate this Agreement immediately for any reason without notice to you. Your account will be terminated if you violate any of the terms and conditions of this Agreement.
2. WE PROVIDE YOUR ACCOUNT AND OUR SERVICES ON AN "AS IS" BASIS, SUBJECT TO THE LIMITED WARRANTY PROVIDED HEREIN, OUR SUPPLIERS, PARTNERS AND AFFILIATES, IF ANY, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, SAVE FOR OUR LIMITED WARRANTY PROVIDED HEREIN, INCLUDING ALL FURTHER AND ADDITIONAL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You understand and agree that our services may be unavailable for extended periods of time, and we do not warrant or ensure the continuous availability of our services. We may discontinue any or all services provided to you at any time without notice to you. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We should not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our control.
3. IN NO EVENT SHALL OUR SUPPLIERS, PARTNERS, AFILLIATES OR WE BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE REMEDIES PROVIDED THROUGH OUR LIMITED WARRANTY. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
4. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, all unaffected provisions or elements should remain in full force and effect. Any failure on our part to enforce any portion of this Agreement does not serve to waive the enforceability of the remaining portions or other breaches on your part regarding this Agreement.
5. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
6. Empower4Success. reserves the right to amend or supplement the Agreement at any time without notice. As long as the Customer uses the Services, the amendments or supplements to the Agreement shall be deemed approved. The most current version of the Agreement can be reviewed by clicking on the “Terms and Conditions” and “Privacy Policy” at the bottom of our website.

Access and the use of Services

1. Empower4Success. Services are exclusively designated for business use and must be used only in accordance with their contractual intended purpose, aim, and the Agreement. Detailed guidelines concerning the proper use of the Services are described in the Acceptable Use Policy section below.

2. Empower4Success. Services can be accessed solely by logging in to the Service on a particular website. Empower4Success. provides the Customer with the login data required for the identification and authentication of named users in the Service (except Services in which Agents are not required). The Customer is not permitted to transfer login data to third parties other than defined. New and/or additional users will be notified by the Customer to Empower4Success. in advance so that individual login data can be provided to each user and, if necessary, the fee calculation can be adjusted.

3. Every Customer is assigned a particular password and login (or other credentials) which must not be used by third parties without the Customer’s explicit consent. The Customer is solely responsible for the proper protection and storage of their password and login (credentials). The login data for the Services may not be passed on or used by several persons at the same time. Access to, and use of, the Services is restricted to the specified number of individual Agents permitted under the Customer subscription to the applicable Service. The Customer agrees and acknowledges that each Agent’s credentials shall only be used by one (1) designated individual Agent. The Customer further agrees and acknowledges that an Agent’s credentials cannot be shared or used by more than one individual, but that Agent’s credentials may be reassigned to new individuals replacing former individuals who no longer require ongoing use of the Services. The Customer and its Agents are responsible for maintaining the confidentiality of all of the Agent credential information for the Customer Account.

4. The Customer must be at least 16years of age to be able to register and to access his or her Account. Empower4Success may under special supervision, provide Services to persons under age of 16.

5. The Customer undertakes to use the Services exclusively for its own purpose and in a manner consistent with the currently effective law and the Agreement.

6. The Customer is full responsibility for any and all contents, phrases, and entries added to the network in connection with the use of offered Services.

7. The Customer is responsible for compliance with the provisions of the Agreement by Agents and End-Users and for any and all activities that occur under Your Account. Without limiting the foregoing, you are solely responsible for ensuring that the use of the Services to store and transmit Service Data is compliant with all applicable laws and regulations, as well as any and all privacy policies, agreements, or other obligations the Customer may maintain or enter into with Agents or End-Users.

8. The Customer understands and has become familiar with the technical requirements necessary to use the Services and has no objections in respect thereof. The Customer is aware of risk and threats connected with electronic data transmission.

9. Empower4Success reserves the right to access Customer accounts for technical and administrative purposes and for security reasons. The information obtained in such a manner shall not be processed or made available to any third parties unless required by the Customer or the provisions of law.

10. The Customers of Empower4Success Service declares that they will not use the Service in a way that may constitute a violation of laws.

11. Violation of the Agreement, applicable laws, or generally accepted norms and rules shall lead to the termination of the Agreement.

12. The Customer is responsible for providing valid and current Account information and the Customer agrees to promptly update its account information, including payment information, with any changes that may occur (for example, a change in the Customer billing address or credit card expiration date).

General Data Protection Regulation & Privacy policy

Empower4Success’s Private Policy Agreement is a separate document and part of this agreement. More on GDPR can also be found here.