Terms and Conditions

Terms of Service

The following terms and conditions govern all use of the EmpowerReview website (the “Website”) and all content, services and products available at or through the website. The Website is operated by S4T Group, LLC. (“EmpowerReview”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, EmpowerReview’s Privacy Policy) and procedures that may be published from time to time on this Site by EmpowerReview (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by EmpowerReview, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  • Affiliation with Third Parties. EmpowerReview provides a convenient location for businesses to manage their online reputation. In doing so, it provides links to and descriptions of numerous third-party review platforms such as Google, Facebook, and Yelp. EmpowerReview is not affiliated with or endorsed by any of these third parties, nor is it in a joint venture relationship or partnership with any of these third parties. Such third-parties are not associated in any way with the EmpowerReview Website or services. To the extent EmpowerReview uses any tradenames or trademarks associated with such third-parties, it does so solely to identify those companies and their services. EmpowerReview makes no claim as to ownership of such third-party trademarks.
  • Your EmpowerReview Account and Page. If you create a page on the Website, you are solely responsible for maintaining the security of your account and page, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the page. You must not describe or assign keywords to your page in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and EmpowerReview may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause EmpowerReview liability. You must immediately notify EmpowerReview of any unauthorized uses of your page, your account or any other breaches of security. EmpowerReview will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  • Responsibility of Contributors. If you operate a page, comment on a page, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
  • your actions and the Content comply with the terms of service of any third party websites with which you interact;for example, many review sites such as Yelp and Google strictly limit or prohibit the practice of offering incentives to customers in exchange for reviews;
  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your page is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other pages and web sites, and similar unsolicited promotional methods;
  • your page is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your page’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by EmpowerReview or otherwise.

By submitting Content to EmpowerReview for inclusion on your page, you grant EmpowerReview a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content in connection with the operation and promotion of the Website. You also hereby expressly grant EmpowerReview a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish your business name and related trademarks in connection with the operation and promotion of the Website. If you delete Content, EmpowerReview will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made unavailable.

Without limiting any of those representations or warranties, EmpowerReview has the right (though not the obligation) to, in EmpowerReview’s sole discretion (i) refuse or remove any Content that, in EmpowerReview’s reasonable opinion, violates any EmpowerReview policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in EmpowerReview’s sole discretion. EmpowerReview will have no obligation to provide a refund of any amounts previously paid.

You agree to indemnify, defend, and hold harmless EmpowerReview, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising out of or related to your Content, including but not limited to your violation of this Agreement and/or any of the warranties contained herein. You further agree that EmpowerReview assumes no responsibility for your Content.

  • Payment and Renewal.
  • Automatic Renewal. 
    You agree to fulfill your payments based on your signed agreement. You are required to pay the terms and length of this agreement in its entirety. No early termination is available unless specifically stated in your agreement. Once your agreement term has been completed, your agreement either automatically renews for another full term based on the existing term of your agreement, or if not stated, becomes a month to month agreement until otherwise renewed or cancelled. Unless you notify EmpowerReview before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard. Once your agreement is eligible for cancelation, you may cancel by contacting us in writing by emailing sales@empowerreviews. You must include the account information, your email address associated with your account and the date you wish to cancel. Your account will be cancelled after the completion of the next full cycle.
  • Responsibility of Website Visitors. The Website may display, include, or make available third-party content (including data, information, applications, and other products services and/or materials) (“Third Party Materials”) that is owned and controlled by third parties such as EmpowerReview’s customers and third-party review platforms. EmpowerReview has not reviewed, and cannot review, all Third Party Materials. You acknowledge and agree that EmpowerReview is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. EmpowerReview does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions. You are solely responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. EmpowerReview disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  • Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which EmpowerReview links, and that link to EmpowerReview. EmpowerReview does not have any control over those non-EmpowerReview websites and webpages, and is not responsible for their contents or their use. By linking to a non-EmpowerReview website or webpage, EmpowerReview does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. EmpowerReview disclaims any responsibility for any harm resulting from your use of non-EmpowerReview websites and webpages. Such websites and webpages may be subject to different Terms of Service and Privacy Policies than those that govern your use of the Website.
  • Copyright Infringement and DMCA Policy. As EmpowerReview asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by EmpowerReview violates your copyright, you are encouraged to notify EmpowerReview in accordance with EmpowerReview’s Digital Millennium Copyright Act (“DMCA”) Notice. EmpowerReview will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. EmpowerReview will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of EmpowerReview or others. In the case of such termination, EmpowerReview will have no obligation to provide a refund of any amounts previously paid to EmpowerReview.
  • Intellectual Property. This Agreement does not transfer from EmpowerReview to you any EmpowerReview intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with EmpowerReview. EmpowerReview, the EmpowerReview logo, and all other trademarks, service marks, graphics and logos used to identify EmpowerReview or the Website are trademarks or registered trademarks of EmpowerReview or EmpowerReview’s licensors. Other trademarks, service marks, graphics and logos used on the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any EmpowerReview or third-party trademarks. All trademarks and trade names are the property of their respective owners.
  • Advertisements. EmpowerReview reserves the right to display advertisements on your page without any payment or any other consideration to you.
  • Attribution. EmpowerReview reserves the right to display attribution links such as ‘Powered by EmpowerReview,’ theme author, and font and image attribution in your page. Some footer credits, as determined by EmpowerReview at its sole discretion, may not be removed regardless of upgrades purchased.
  • Changes. EmpowerReview reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. EmpowerReview may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  • Disclaimer of Warranties. The Website is provided “as is”. EmpowerReview and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither EmpowerReview nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  • Limitation of Liability. 
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EMPOWERREVIEW OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT FOR: (i) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; OR (ii) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO EMPOWERREVIEW DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR EMPOWERREVIEW WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  • General Representation and Warranty. You represent and warrant that (i) the Content and your use of the Website will be in strict accordance with the EmpowerReview Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) the Content and your use of the Website will not infringe or misappropriate the copyright, trademark, patent, privacy, publicity, or intellectual property rights of any third party.
  • General Indemnification. You agree to indemnify, defend, and hold harmless EmpowerReview, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising out of your use or misuse of the Website, including but not limited to your violation of this Agreement and/or any of the warranties contained herein.
  • Miscellaneous. This Agreement constitutes the entire agreement between EmpowerReview and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of EmpowerReview, or by the posting by EmpowerReview of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New Jersey, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Palm Beach County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Palm Beach County, New Jersey, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; EmpowerReview may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Anti-Spam Policy

EmpowerReviews has a zero tolerance policy for SMS spam. Subscribers will only receive SMS messages from campaigns that they have opted into directly through a business or reseller agency.

Definition Of Spam and Reporting

We consider any unwanted SMS message spam. We do NOT allow the use of any 3rd party lists. We only allow messages sent to subscribers who have previously given consent with the purpose of providing feedback for a recent visit or has interacted with a business.

Unsolicited messages, or any messages sent by unauthorized users, are not tolerated and are considered spam. Please report any abuse ASAP. This means we do not condone UNSOLICITED TEXT MESSAGES; NOTIFICATIONS; ALERTS; OR ANY MESSAGES THAT YOU MAY RECEIVE FROM SOMEONE WHO SHOULD NOT HAVE YOUR MOBILE NUMBER. Please report any abuse immediately, including the sender ID, your Mobile Number (to be removed); the date and time you received it and the contents of the message.

To report any abuse or violations of inappropriate use of our service, please contact support with your comments/complaints. Upon receiving any complaint, we will immediately begin an investigation on the reported client.

Opting Out / Unsubscribing / Removing a Mobile Number

Users can remove themselves from any client’s list at anytime by texting “stop” in a reply to any message they’ve received from a client.

If you have any issues unsubscribing or need any additional assistance removing yourself from a SMS campaign, please contact us at sales@empoerreviews.com


HIPAA Policy / Business Associate Agreement

This Business Associate Agreement (“Agreement”) shall be an addendum to the End User License Agreement between S4T Group LLC d/b/a EmpowerReviews (“Business Associate”) and Covered Entity, collectively referred to as “Parties”.

RECITALS

WHEREAS, Business Associate is engaged in the business of providing online reputation management service called EmpowerReviews that facilitates generation of online reviews; and

WHEREAS, Covered Entity subject the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164 (“HIPAA Rules”) and wishes to utilize the EmpowerReviews service provided by Business Associate;

NOW, THEREFORE, Covered Entity and Business Associate agree as follows:

Definitions.

Catch-all definition:

The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

Specific definitions:

  1. Business Associate.  “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean S4T Group LLCd/b/a EmpowerReviews.
  2. Covered Entity.  “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean Customer of the EmpowerReviews service.
  3. HIPAA Rules.  “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.
  1. Obligations and Activities of Business Associate.

Business Associate agrees to:

  1. Not use or disclose Protected Health Information other than as permitted to provide the EmpowerReviews service or as required by law;
  2. Use appropriate administrative, technical, and physical safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information, to prevent use or disclosure of Protected Health Information other than as provided for by this Agreement;
  3. Business Associate agrees to mitigate, whenever practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement;
  4. Report to Covered Entity any use or disclosure of Protected Health Information not provided for by this Agreement of which it becomes aware, including breaches of unsecured Protected Health Information as required at 45 CFR 164.410, and any Security Incident of which it becomes aware;
  5. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit Protected Health Information on behalf of Business Associate agree to the same restrictions, conditions, and requirements that apply to Business Associate with respect to such information; and
  6. Make its internal practices, books, and records available to the Secretary of Health and Human Services for purposes of determining compliance with the HIPAA Rules.

2. EmpowerReviews Restrictions.

  1. EmpowerReviews is an online reputation management service that was not explicitly designed for storing or working with Protected Health Information. Covered Entity must ensure that its use of EmpowerReviews is consistent with the HIPAA Rules.
  2. The parties agree that, due to the nature of the technology utilized by Business Associate, Business Associate cannot make Protected Health Information available (i) to the extent and in the manner required by Section 164.524 of the Privacy Rule, (ii) for amendment or incorporate any amendments to Protected Health Information in accordance with the requirements of Section 164.526 of the Privacy Rule, or (iii) for purposes of accounting of disclosures, as required by Section 164.528 of the Privacy Rule. Rather, Covered Entity will be solely responsible for compliance with each of the foregoing.
  3. Because Business Associate does not know the nature of Protected Health Information contained in Covered Entity’s EmpowerReviews account, it will not be possible for Business Associate to provide information about the identities of the Individuals who may have been affected or a description of the type of information that may have been subject to a Security Incident, Impermissible Use or Disclosure, or Breach.

3. Obligations and Activities of Covered Entity.

Covered Entity agrees to:

  1. Not request that Business Associate use or disclose Protected Health Information in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by Covered Entity;
  2. Not provide Business Associate with Protected Health Information by any means other than through normal operation of the EmpowerReviews service; and
  3. Comply with all HIPAA Rules, including Subpart C of 45 CFR Part 164, with respect to all uses of the EmpowerReviews service.

4. Term and Termination.

  1. Termination of Covered Entity’s business relationship with Business Associate shall be under the terms set forth in the End User License Agreement. Notwithstanding anything in this BAA or in the End User License Agreement to the contrary, Covered Entity has the right to terminate this Agreement immediately if Covered Entity determines that Business Associate has violated any of its material terms.
  2. Upon the termination of this Agreement for any reason, Business Associate shall return or destroy all Protected Health Information received from Covered Entity or created or received by Business Associate on behalf of Covered Entity. Business Associate shall retain no copies of the Protected Health Information.

5. Miscellaneous Terms.

  1. By reference, this Agreement incorporates, but does not supersede or replace, the End User License Agreement of the EmpowerReviews service.
  2. This Agreement may be amended from time to time by Business Associate, by notifying Covered Entity of such amendments and posting amendments to its website.
  3. Except as expressly stated herein or in the Privacy Rule, the parties to this Agreement do not intend to create any rights in any third parties. The obligations of Business Associate under this Section survive the expiration, termination, or cancellation of this Agreement until such time as all Protected Health Information stored or copied by Business Associate has been returned to Covered Entity or destroyed.
  4. Parties will not assign this Agreement, in whole or in part, except in the event that Business Associate sells the majority of its EmpowerReviews service, in which case Business Associate may assign this Agreement to the new owner of the EmpowerReviews service.
  5. Neither party will be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond the other party’s reasonable control.
  6. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect.

If you have further questions about this Agreement or in general, please contact S4T Group by mail at 9858 Glades Road, Suite 240, Boca Raton, FL  33434, or by email at: sales@s4tgroup.com.