Terms of Use

Last updated: Apr 02, 2025

We at Empire Safe Company, Inc. (“Empire”, “we”, “our” or “us”) appreciate your visiting our website.

This is our terms of use (“Terms of Use”). These Terms of Use cover your access and use of websites owned, operated or offered by, through, on behalf of, or in conjunction with Empire including, without limitation, any website through which these Terms of Use appears and subdomains including, without limitation, requesting information or support, requesting a quote or placing an order for our products or services (each a “Service,” collectively the “Services”). “Users” are persons that access and use the Services.

By accessing and using the Empire website and using the Services, you agree to the terms and conditions of these Terms of Use. If you do not agree to the terms and conditions of these Terms of Use, please do not access or use the Empire website or use the Services.

These Terms of Use are subject to change at any time and from time to time without notice in our sole and absolute discretion. You can determine when these Terms of Use was last revised by referring to the “Last Updated” legend at the top of this page. Any changes to our Terms of Use will become effective upon our posting of the revised Terms of Use on the Empire website. If you don’t agree to any changes in our Terms of Use, please stop accessing and using the Empire website or using the Services. Your access and use of the Empire website or use of the Services following such changes constitutes your acceptance of the revised Terms of Use then in effect. In any event, you should periodically review these Terms of Use to assure that it aligns with your needs and expectations, as they may also change from time to time.

Privacy Policy

Please refer to our Privacy Policy on how we access, gather and use your personal identifiable information (“PII”) when you access and use the Empire Website and use the Services.

License

Provided you comply with these Terms of Service, we grant you a limited, nonexclusive, nontransferable, revocable license to access and use the Empire website and use the Services, solely for your use.

This license does not include: (a) any resale of the Empire website or the Services; (b) modifying or otherwise making any derivative uses of the Empire website and Services or any portion thereof; (c) use of any data mining, robots, or similar data gathering or extraction methods; (d) downloading of any portion of the Empire website and Services, except as expressly permitted by the Empire website or the Services; and (e) the use of the Empire website and Services other than for its intended purposes. Any unauthorized use may also violate applicable laws including, without limitation, copyright and trademarks laws, and other local, state, national and international laws, rules and regulations (collectively, “Laws”). Nothing in the Empire website and Services or these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time by us in our sole and absolute discretion.

Third Party Content and Events

We may display, provide information regarding, or provide links to third party events, websites, content, applications, tools, services, data, content or materials (collectively, “Third-Party Content and Events”) and may facilitate communications between you and third parties regarding Third-Party Content and Events. However, we do not endorse or control and makes no representations or warranties of any kind regarding such third-parties or any Third-Party Content and Events. Your participation in or use of any Third-Party Content and Events, and your dealings or correspondence with any third parties in connection therewith, are solely and exclusively between you and such third party. If you access or use Third-Party Content and Events, you should be aware that our terms and policies do not govern. You should carefully read and review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content and Events to which you access from the Empire website and the Services.

Users use such Third-Party Content and Events at their own risk.

Security issues

No data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us in accordance with the “Contact Us” section below.

User Content and Conduct; Acceptable Use

The Empire website and the Services may include functionality and areas in which you or other users create, post, upload, transmit, distribute, store, or otherwise publish, any content, messages, events, material, data, content, information, opinion, text, music, sound, photos, videos, graphics, applications, code or other items or materials on or through the Empire website or the Services (collectively, “User Content”). You are solely responsible for your User Content and use of the Empire website and the Services is at your own risk.

You agree not to misuse the Empire website or the Services, or help or assist anyone else to do so.

Without limiting the foregoing, you agree not to create, post, upload, transmit, distribute, store, or otherwise publish on or through the Empire website or the Services any of the following:

User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent, or otherwise objectionable;
User Content that promotes or advocates bigotry or hatred against any person or group of persons based on any protected category under applicable Laws including, without limitation, based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability or impairment, or that stalks, intimidates, threatens or harasses or causes discomfort to any User or other person;
User Content that violates or would create any liability under any Laws in any way, or that would constitute or encourage or provide instructions for a criminal offense, or that would violate the privacy or legal rights of any person;
User Content that would create or promote electoral fraud, or constitute or involve unsolicited or illegal promotions, political campaigning, advertising or solicitations;
User Content that would constitute or include false-source identifying information (e.g “spoofing” or “phishing”), or otherwise impersonates any User or other person or otherwise misrepresents who you are, or who you represent or are affiliated with;
User Content that constitutes or includes any corrupted data, virus or other malware, or constitutes or includes a denial of service attack or spam, breaches or otherwise circumvents or attempts to circumvent any filtering, security or authentication measures, probes, scans or tests the vulnerability of the Empire website or the Services, any system or network, or otherwise interferes with, or disrupts or is destructive of the Empire website or the Services, any user, host, network or system; or
User Content that sells the Services, uses the Empire website or the Services for commercial purposes, or promotes or advertises any products or services, or sends unsolicited communications, promotions or advertisements, or constitutes a chain letter or pyramid scheme.

Enforcement of User Content or conduct rules set forth in these Terms of Service is at our sole and absolute discretion, and failure to enforce such rules in some or any instances does not constitute a waiver of our right to enforce such rules in other instances. These rules do not create any private right of action on the part of any third party, or any reasonable expectation that the Empire website and the Services will not contain any content that is prohibited by such rules. Although we have no obligation to screen, edit or monitor any User Content, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content at any time with or without cause or reason and without notice. You are solely liable for creating backup copies of and replacing any User Content at your sole cost and expense.

If you post User Content, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Empire website and the Services and the promotion thereof or otherwise including, without limitation, the right to use your name, likeness, voice or identity. You represent and warrant that (a) you own or control all of the rights to the User Content that you post, or that you otherwise have the right to post such User Content to the Empire website and the Services; (b) the User Content that you post is accurate and not misleading; and (c) use and posting of the User Content you provide does not violate these Terms of Service and will not violate any rights of or cause injury to any User or other person.

Disclaimer; Services “As Is”

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SERVICE PROVIDERS, BUSINESS PARTNERS AND ADVERTISERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE EMPIRE WEBSITE OR THE SERVICES, THEIR AVAILABILITY, FUNCTIONALITY, ACCURACY OR RELIABILITY, OR YOUR ACCESS OR USE THEREOF, OR THAT THEY ARE ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE EMPIRE WEBSITE AND THE SERVICES ARE PROVIDED SOLELY ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE EMPIRE WEBSITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE INFORMATION, DATA, CONTENT AND MATERIALS CONTAINED THEREIN.

We reserve the right in our sole and absolute discretion to change any and all content contained on or through the Empire website or the Services, and to modify, suspend or discontinue the Empire website and the Services or any features or functionality of the Empire website of the Services at any time and from time to time without notice and without obligation or liability to you or anyone else. References to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us, or any right, title or ownership of or in or to such third party’s content, trade name, trademark or other intellectual property rights owned or licensed by anyone else.

Limitations of Liability

EMPIRE SHALL NOT IN ANY EVENT BE LIABLE WHATSOEVER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES, LOST PROFITS, LOST SAVINGS, LOST DOCUMENTS, LOST DATA, COST OF CAPITAL, DOWNTIME, OR CLAIMS, LOSS, DAMAGE OR INJURY (COLLECTIVELY, “CLAIMS”) OF OR TO USER OR ANY THIRD PARTY, BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY OR BASIS DUE TO, ARISING OR RESULTING FROM THE USE OR INABILITY TO USE THE EMPIRE WEBSITE OR USE THE SERVICES, EVEN IF EMPIRE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH CLAIMS. EMPIRE’S TOTAL AND AGGREGATE LIABILILTY TO THE USER FOR ANY AND ALL CLAIMS SHALL NOT IN ANY EVENT EXCEED ONE UNITED STATES DOLLAR (US$1.00). SOME STATES, PROVINCES, AND COUNTRIES DO NOT ALLOW DISCLAIMERS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER AND LIMITATION MAY NOT APPLY TO YOU.

Exclusive Dispute Resolution Forum; No Collective Action;
WAIVER OF JURY TRIAL; and Governing Law

Any Claims under or arising from these Terms of Use shall be exclusively brought and resolved in the federal and state courts located in New York, New York. Empire and the User each unconditionally and irrevocably consent to the subject matter jurisdiction and personal jurisdiction of such courts for the adjudication of any Claim, and any dispute, action, suit or proceeding (collectively, “Action”) under or arising from these Terms of Use and waive any defense to such jurisdiction based on inconvenient forum or otherwise, or to change venue.

Any Action will be conducted only on an individual basis and not in any class, consolidated or representative Action.

IN ANY ACTION IN ANY JURISDICTION BROUGHT BY OR ON BEHALF OF THE USER AGAINST EMPIRE, THE USER AND EMPIRE EACH KNOWINGLY AND INTENTIONALLY, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAWS, HEREBY ABSOLUTELY, UNCONDITIONALLY, IRREVOCABLY AND EXPRESSLY WAIVE FOREVER TRIAL BY JURY.

New York law shall govern the interpretation of these Terms of Use and any Action under or arising from these Terms of Use, without regard to its conflict of laws principles.

Entire Agreement; No Third Party Beneficiary

These Terms of Service constitute the entire agreement between you and us with respect to the subject matter of these Terms of Service, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms of Service. These Terms of Service create no third-party beneficiary rights.

Security Issues

Jurisdictional Issues

We do not represent that the Empire website or the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access or use the Empire website or use the Services do so on their own initiative and at their own risk and are responsible for complying with all Laws. We may limit the Empire’s website and the Services’ availability or content, in whole or in part, at any time, to any person, geographic area or jurisdiction we chose, at any time and from time to time and in our sole and absolute discretion.

Children’s Privacy

The Empire website and the Services are not directed to individuals under the age of thirteen (13). You must be thirteen (13) years of age and older to register on the Empire website or use the Services. As a result, Empire does not specifically collect information about children.

Contact Us

If you have any questions about these Terms of Use, please feel free to contact us at info@empiresafe.com. Please note that email communications will not necessarily be secure.