TERMS AND CONDITIONS OF USE

Effective Date: 12 August 2024

The service may offer subscriptions that automatically renew. Please read these Terms and Conditions of Use carefully before completing a purchase for an auto-renewing subscription service. To avoid being charged, you must affirmatively cancel a subscription at least 24 hours before the end of the current subscription period.

Canceling your subscription means that the automatic renewal will be disabled, but you will still have access to all your subscription features for the remaining time of the current period.

You can cancel a subscription by contacting our support at support@empowered-web.com before the end of the then-current subscription period.

1. ACCEPTANCE OF TERMS

These Terms and Conditions of Use (the “Terms”) govern the relationship between you and LATHINOL LIMITED, a legal entity incorporated under the laws of the Republic of Cyprus, having its registered office at 705, Spyrou Araouzou & Koumantarias, Fayza House, 5th floor, office No.: 2, 3036, Limassol, Cyprus regarding your use of the Company's website and other services (the “Website” or the “Service”), including all textual, graphic, video, music, software and other content available through the Service (the “Content”).

Your access and use of the Service constitutes your agreement to be bound by these Terms, which establish a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.

Please review also our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

Any translation from the English version is provided for your convenience only. In the event of any difference in meaning or interpretation between the English language version of these Terms available at the Terms of Use, and any translation, the English language version will prevail. The original English text shall be the sole legally binding version.

Unless otherwise expressly provided herein, we will alert you about any changes by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change.

THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 10 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.

2. SERVICE

• When you use the Service, you represent and warrant to the Company that: (i) all required information you submit is truthful and accurate; (ii) your use of the Service does not violate any applicable law or regulation or these Terms.
• You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
• The Company reserves the right to suspend or terminate your use of Service, or your access to the Service, in the event that you breach these Terms.
• The Service may be modified, updated, interrupted or suspended at any time without notice to you or our liability.
• You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
• We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of the Company's actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
• Your access to and use of the Service is at your own risk. To the extent permitted by law, the Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.
• The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company's sole discretion.
• The Service is reserved for non-commercial use only and cannot be used for any business or commercial purposes by any individuals or entities.
• Personal Use. You will only use the Service for your sole, personal use and not in connection with any commercial endeavors. You will not (a) authorize others to use the Service on your behalf and (b) authorize others to use your profile on their own behalf or (c) otherwise attempt to transfer your right to use the Service to any other person or entity.
• No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Service and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Service in order to contact, advertise to, solicit or sell to any user without their prior explicit consent. You must not purchase, sublicense, grant, gift or otherwise alienate your rights to the Service in whole or in part and receive the Service or any rights to the Services in whole or in part from other users as a reward, payment, remuneration, settlement, salary or another fee unless it is directly contemplated hereby.
• User Conduct. Empowered is not responsible or liable in any manner for the conduct of its users, whether or not such conduct is in connection with the use of the Service. YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK.
• You agree not to do any of the following in connection with the Service or the users thereof:
  • use the Service in any unlawful manner, including creation of a lot of accounts by one user to conduct illegal activities in Empowered, or in a manner that is harmful to or violates the rights of others;
  • engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;
  • use the Service in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Service or interfere with or attempt to interfere with any other user's use of the Service including, but not limited including using false receipts or confirmation of purchase/payment;
  • impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
  • defraud, swindle or deceive other users of the Service;
  • disseminate another person's personal information without his or her permission, or collect or solicit another person's personal information for commercial or unlawful purposes;
  • solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
  • use any scripts, bots or other automated technology to scrape or access the Service;
  • use the Service for any phishing, trolling or similar activities;
  • use the Service to redirect users to other sites or encourage users to visit other sites;
  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means or use the Service to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming activities; or
  • use the Service to promote or facilitate prostitution and/or facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims;
  • attempt to access any part of the Service that you are not authorized to access.
• Reporting Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by using a specific link on the Service or by contacting us at support@empowered-web.com.
• You understand and agree that if Empowered believes in its sole discretion that you have violated the terms of this Agreement, misused the Service or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, Empowered may, among other things, investigate, take legal action against you and/or terminate the Service and cancel your subscription and/or membership and/or report your violations to competent authorities.

3. PAID SERVICE

• General. If you purchase any functionality of the Service that we may, from time to time, offer for a fee (the "Paid Service"), including but not limited to, a paid subscription to our Service or any paid in-Service features (if any), you authorize Empowered and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Service (including without limitation periodic fees for ongoing subscriptions (the “Subscription Fees”) as set forth on the Service) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Service (including partially used subscription periods) except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at Empowered's sole and absolute discretion. You can also find more relevant information on our refund approaches toward some types of the Paid Services within respective Sections hereof. Fees for the Paid Service may be payable in advance, in arrears, per usage or as otherwise described when you purchase the Paid Service. All prices for the Paid Service are subject to change without notice.
• Payment Method. Empowered may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check or by using PayPal. You authorize Empowered to charge you for the Paid Service through any payment method(s) you select when purchasing the Paid Service (the "Payment Method") and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the "Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Service reaffirms that we are authorized to charge your Payment Method.
• Automatic Renewal of Subscriptions. IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICE OR A SOCIAL NETWORKING SITE AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS YOU CANCEL, A ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS AND A SIX MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A SIX MONTH BASIS). UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE SEND TO YOUR REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTOMATIC RENEWAL. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.
• Cancellation of Subscriptions. TO CHANGE OR CANCEL YOUR SUBSCRIPTION, PLEASE CONTACT OUR SUPPORT AT SUPPORT@EMPOWERED-WEB.COM.
• From time to time, we may offer free trials or other promotions. As an example, we may offer promotions that provide free subscriber-level access to the Service for a certain period of time. Trials are not available to users who have already paid the Subscription Fees and have previously received a free trial and canceled it prior to paying the Subscription Fees. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE PROMOTION PERIOD IN ORDER TO AVOID BEING AUTOMATICALLY CHARGED FOR SUBSCRIPTION FEES.
• Current Information Required. You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to Empowered. You agree to promptly notify Empowered if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for the Paid Service and you remain responsible for all such charges.
• Change in Amount Authorized. If the total amount to be charged varies from the amount you authorized when purchasing any Paid Service (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), Empowered will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If you do not cancel your Paid Service before the increased price goes into effect, you agree to pay the increased price for the Paid Service. You agree that Empowered may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Empowered will inform you of any additional charges that are accumulated.
• Empowered reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

4. USER INFORMATION

• Responsibility for User Information. You are solely responsible for the content and information that you provide, publish, transmit, broadcast, stream, translate, display whether real-time or pre-recorded (created in advance) or otherwise communicate to Empowered through the Service or to other users (collectively referred to as “post” or “streams”), including without limitation messages, data, text, photos, video, music, graphics, links, records, streams, broadcasts, audio-visual works or other materials posted through chat messages, video messages, community pages, email messages, mobile messages, any other types of live or recorded messages, photos, broadcasting or streaming, profile information or otherwise communicated to us or other users (your submissions and those of other users, collectively, are "User Information"). Empowered does not control, take responsibility for or assume liability for any User Information posted by you or any third party, or for any loss or damage thereto, nor is Empowered liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. From time to time we may issue and amend some additional rules and polices as to regulate manner in which you can create and use the User Infromation within the Service.
• Use of Proprietary Information of Others. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials. You acknowledge that information or materials available through the Service may have copyright protection whether or not it is identified as being copyrighted.
• Submissions. You can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to Empowered and our Service (collectively, "Submissions"). Submissions, whether posted to the Service or provided to Empowered by email or otherwise, are non-confidential and shall become the sole property of Empowered. Empowered shall exclusively own all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. Empowered shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

5. PRIVACY AND MAILING

• Please refer to our Privacy Policy for information about how Empowered collects, uses, stores, and discloses personally identifiable information from its users.
• As well, we may send you service notifications and notifications on your profile activity in order to keep you updated and protect your Empowered profile (the “transaction messages”). Terms of notification are set forth in our Privacy Policy and specified herein.
• In the event you are located in the USA, the following rules are applicable:
  • by giving us the contact details, you give us consent to receive messages and mailings via e-mail, SMS or by other means;
  • we may send you non-commercial, related to the fulfillment of your or Empowered’s obligations hereunder (basically, this is information about the main stages of our cooperation, literally, transaction messages);
  • if we send you emails, all our emails will include the sender’s contact information (website name, contact phone number, physical post address and other information required by applicable law), as well as an unsubscribe button;
  • If you decide to unsubscribe from mailings or other messages without reference to the content of the message, you shall send us a notification to support@empowered-web.com. Upon receipt of such notice, we will cease mailing. Also, you can unsubscribe from through your account settings;
  • all complaints about subscriptions, notifications and mailings will be processed without prolonged unreasonable delays. Any feedback, complaints, requests to stop mailing and unsubscribing from mailings will be processed free of charge.

6. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE

• The Service and all materials therein or transferred thereby, including, without limitation, software, interface (including user and functional interface), images, text, graphics, designs, illustrations, Empowered logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof (the "Proprietary Materials"), and all intellectual property rights related thereto, are the exclusive property of Empowered and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of Empowered.
• You are granted a limited, revocable, non-sublicensable worldwide license to access and use the Service, subject to the terms and conditions of this Agreement. You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Service or cause others to do so; (ii) "frame" or "mirror" any part of the Service, without our prior written authorization; (iii) use meta tags or code or other devices containing any reference to Empowered or the Service in order to direct any person to any other website for any purpose; (iv) resell or make any commercial use of the Service; (v) use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Service; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (vii) use any automated methods or processes to create user accounts or access the Service or (viii) use the Proprietary Materials or the Service other than for their intended purpose. Any use of the Service or Proprietary Materials other than as expressly authorized herein without the prior written consent of Empowered is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Empowered reserves all rights not expressly granted herein in the Service and the Proprietary Materials. This license is revocable at any time.
• You are hereby acknowledged that Empowered is entitled to terminate or strike off the license to access and use the Service anytime and at its own discretion.
• "Empowered," Empowered's logos and any other trade name or slogan contained in the Service are trademarks or service marks of Empowered, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Empowered or the applicable trademark holder. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Empowered and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference 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 by us.

7. THIRD-PARTY CONTENT

• Empowered may provide third-party content on the Service and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Empowered does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Empowered is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
• The Service may contain advertisements and promotions from third parties or may otherwise provide information about or links to third-party products or services. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Empowered is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third-party sites. You agree that Empowered shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third-party advertisers or third-party information on the Service.

8. DISCLAIMERS

• EMPOWERED PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
• EMPOWERED DOES NOT REPRESENT AND WARRANT THAT (A) YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED OR (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMPOWERED DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE OR THE DELIVERY OF ANY MESSAGES.
• EMPOWERED DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICE BY OTHER USERS OF THE COMMUNITY. THEREFORE, EMPOWERED DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
• EMPOWERED DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN EMPOWERED. UNDER NO CIRCUMSTANCES WILL EMPOWERED BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
• SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS, AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMPOWERED, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM EMPOWERED, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EMPOWERED`S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL EMPOWERED'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR ANY PAID SERVICE PAID BY YOU DURING THE IMMEDIATE PRECEDING SIX MONTHS OR (2) $100.
• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMPOWERED BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
• SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND, AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

10. GOVERNING LAW AND ARBITRATION; WAIVER; INDEMNIFICATION

• Mandatory Arbitration. Please read this Section carefully. YOU AND Empowered, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
• Commencing Arbitration. A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Empowered, via any other method available to Empowered, including via e-mail. The Notice to Empowered must be addressed to LATHINOL LIMITED, a legal entity incorporated under the laws of the Republic of Cyprus, having its registered office at 705, Spyrou Araouzou & Koumantarias, Fayza House, 5th floor, office No.: 2, 3036, Limassol, Cyprus, Attn: Chief Executive Officer (the "Arbitration Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the "Demand"). If you and Empowered do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or Empowered may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at http://www.adr.org. If you are required to pay a filing fee to commence an arbitration against Empowered, then Empowered will promptly reimburse you for your confirmed payment of the filing fee upon Empowered's receipt of a Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
• Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in San Francisco, California, will be appointed pursuant to the Rules, as modified herein. You and Empowered agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
• No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND Empowered AGREE THAT YOU AND Empowered MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
• Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to this Section.
• Equitable Relief. The foregoing provisions of this Section 10 do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that in the event Empowered or a third party breaches this Agreement, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Empowered, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.
• Claims. You and Empowered agree that, notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to this Agreement or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
• Improperly Filed Claims. All claims you bring against Empowered must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, Empowered may recover attorneys' fees and reimbursement of its costs, provided that Empowered has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
• Modifications. In the event that Empowered makes any future change to the "Mandatory Arbitration" paragraph set forth above (other than a change to Empowered's Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Empowered's Arbitration Notice Address, in which case your account with Empowered and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.
• Enforceability. If only the "No Class Actions" paragraph above or the entirety of this Section is found to be unenforceable, then the entirety of this Section will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 11 will govern any action arising out of or related to this Agreement.

11. GOVERNING LAW

• The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
• If you are a resident of the European Union and European Economic Area, the agreement to arbitrate in Section 16 will not apply to you. The laws of Cyprus, excluding its conflicts of law principles, govern the terms of this Agreement and your use of the Service. Unless otherwise required by a mandatory law of a member state of the European Union, the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement and your use of the Service shall be in the appropriate courts located in Limassol, Cyprus. You hereby irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum.

12. INDEMNITY

You agree to defend, indemnify and hold Empowered, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney's fees, due to or arising from (i) your use of or access to the Service, including any data or content transmitted or received by you, or your inability to use the Service; (ii) your conduct in connection with the Service or other users, (iii) your violation of any of the terms of this Agreement, including without limitation your breach of any of the representations and warranties above, (iv) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; (v) any other party's access and use of the Service with your unique username, password or other appropriate security code or (vii) your violation of any applicable laws, rules or regulations.

13. TERMINATION

• Unless otherwise provided, this Agreement is effective upon your first use of the Service and shall remain in effect until it is terminated in accordance with the terms of this Agreement.
• Termination by Empowered. Notwithstanding anything to the contrary in this Agreement, Empowered may suspend, deactivate or terminate your account and your right to use the Service and may block or prevent your access to and use of the Service at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses). We also reserve the right to remove or block access to your account information, User Information or data from our Service and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Service is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to Empowered by you will be nonrefundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your subscription will immediately be due and payable. All decisions as to the refundability of the fees are in Empowered's sole discretion.
• Termination by You. In addition to any right to cancel your subscription pursuant to Section 3, below, you may deactivate or terminate your account at any time, for any or no reason, by accessing the settings page of your account or by contacting us as described above. If you cancel your subscription, other than pursuant to Section 3, your subscription benefits will continue until the end of your then-current subscription term, but your subscription will not be renewed after that term expires. Except as otherwise provided by law or under this Agreement, you will not be entitled to any refund of the fees you have paid to Empowered and all outstanding or pending payments under the terms of your subscription will immediately be due and payable.
• Unless expressly provided by law or under this Agreement (including Section 14 where you are a resident in certain states in the United States and the Special Terms where you are a resident of certain countries), you will not be entitled to any refund of the fees you have paid to Empowered and all outstanding or pending payments under the terms of your subscription will immediately be due and payable.

14. REFUNDS

• Generally, all charges for purchases are final and nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date or if the laws applicable in your jurisdiction provide for refunds.
• For subscribers residing in Argentina - in accordance with local law, you are entitled to a full refund without stating the reason during the 10 days after the subscription begins. Please note that this 10-day period commences when the subscription starts. If you have benefitted from a free trial, the cancellation period will expire 10 days from the beginning of your free trial. To exercise such right, you must inform us of your decision to cancel by sending an unequivocal statement to support@empowered-web.com.
• For subscribers residing in Brazil - in accordance with local law, you are entitled to a full refund without stating the reason during the 7 calendar days after the subscription begins. Please note that this 7-day period commences when the subscription starts. If you have benefitted from a free trial, the cancellation period will expire 7 calendar days from the beginning of your free trial. To exercise such right, you must inform us of your decision to cancel by sending an unequivocal statement to support@empowered-web.com.
• The following provisions are added to this Agreement for subscribers residing in the European Union, European Economic Area, and United Kingdom:
  • Generally, you are entitled to a full refund without giving any reason within 14 calendar days (cancellation period) after the day of activation of your subscription (the right of withdrawal).
  • We will make the refund without undue delay and not later than fourteen (14) calendar days after the day on which we are informed about your decision to cancel your subscription. We will issue the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
  • You also may communicate your decision to cancel your subscription to us by sending a registered or regular mail to: LATHINOL LIMITED, a legal entity incorporated under the laws of the Republic of Cyprus, having its registered office at 705, Spyrou Araouzou & Koumantarias, Fayza House, 5th floor, office No.: 2, 3036, Limassol, Cyprus. When contacting us via mail, please ensure that you insert sufficient information to identify you, e.g., your name, physical address, telephone number, name of your account (profile), e-mail address, etc.

15. MISCELLANEOUS

• You agree that this Agreement, together with the Privacy Policy and any Additional Terms, contains the entire agreement between you and Empowered regarding the use of the Service and supersedes all prior agreements and understandings (including without limitation any prior versions of this Agreement), except to the extent that the parties have entered into a separate written agreement applicable to the Service that expressly governs over this Agreement.
• If any provision or any portion thereof is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect, unless otherwise indicated herein.
• This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Empowered without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
• The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
• Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions.
• You agree that no joint venture, partnership, employment, or agency relationship exists between you and Empowered as a result of this Agreement or use of the Service.

16. CONTACT

If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us by email: support@empowered-web.com.

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.