Terms of Service

Last Updated: April 10th, 2024
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Welcome to Empiric LLC ("Empiric", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our website www.getempiric.com, applications, APIs, and other online services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Services.

1. Definitions: "Content" means any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services. "User Content" means any Content that you provide to be made available through the Services.

2. Modifications to the Terms: We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice via the Services or by other means. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Services.

3. Eligibility: You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.

4. User Content: You are solely responsible for your User Content. By posting User Content, you represent and warrant that you have all rights, licenses, consents, and permissions necessary to grant Empiric the rights to use your User Content as described in these Terms. By posting User Content, you grant Empiric a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Empiric's business.

5. Prohibited Conduct: You agree not to: Violate any applicable law or regulation; Post any Content that is defamatory, obscene, abusive, harassing, threatening, or otherwise objectionable; Infringe any intellectual property or other rights of any third party; Use the Services to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature; Interfere with the proper working of the Services or bypass any measures we may use to prevent or restrict access to the Services; Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

6. Intellectual Property: The Services and all Content and other materials included on or within the Services, including, but not limited to, text, graphics, logos, images, software, and compilations, are the property of Empiric or its licensors and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws.

7. Third-Party Services: The Services may contain links to third-party websites, products, or services ("Third-Party Services"). Empiric does not endorse or assume any responsibility for Third-Party Services. If you access any Third-Party Services, you do so at your own risk and are subject to the terms and privacy policies of those Third-Party Services.

8. Termination: We may suspend or terminate your access to and use of the Services at our sole discretion, at any time, and without notice or liability, for any reason, including if we reasonably believe you have violated these Terms. Upon any termination, discontinuation, or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive.

9. Disclaimers: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EMPIRIC DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability: IN NO EVENT SHALL EMPIRIC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICES. EMPIRIC'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO EMPIRIC DURING THE PRIOR TWELVE (12) MONTHS (IF ANY).

11. Indemnification: You agree to defend, indemnify, and hold harmless Empiric and its officers, directors, employees, agents, licensors, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

12. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the Services shall be filed only in the state or federal courts located in Marion County, Indiana and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

13. Entire Agreement: These Terms constitute the entire agreement between you and Empiric regarding the use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

Contact If you have any questions about these Terms, please contact us at legal@getempiric.com.