Terms of service

1. Introduction and Acceptance of Terms

Updated: March 23rd, 2026

Empura reserves the right to modify, update, or change these Terms, as well as any features, content, policies, or functionality of the Site, at any time and for any reason, without prior notice or your consent. Such modifications will become effective immediately upon posting on the Site unless otherwise specified. Your continued access to or use of the Site after any changes to these Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically to stay informed of any updates. If you do not agree to the modified Terms, you must discontinue use of the Site immediately. Additionally, Empura may, at its sole discretion, modify, suspend, discontinue, or restrict access to any portion of the Site, including but not limited to pricing, product availability, or Site functionality, without liability or obligation to you. You agree that Empura shall not be liable to you or any third party for any termination, suspension, or modification of your access to the Site.

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Empura. These links are provided for your convenience only, and the inclusion of any link does not imply endorsement, sponsorship, or affiliation with the third party. Empura does not review, monitor, or make any representations regarding the accuracy, security, legality, or content of any third-party websites or services. Your interactions with third-party sites, including any transactions, communications, or use of services, are solely between you and the third party. Empura is not responsible for any loss, damage, or liability incurred as a result of your dealings with any third-party website or service. You acknowledge and agree that your access to and use of such third-party sites and services are at your own risk and subject to the terms and conditions of those third parties. We encourage you to review the terms, policies, and privacy practices of any third-party websites or services before engaging with them. Empura disclaims all liability for any third-party content, products, services, or transactions you may access through links on the Site.

Empura respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted material has been used in a manner that constitutes infringement, please provide our designated DMCA agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed copyrighted work.
• Identification of the copyrighted work claimed to have been infringed, or if multiple works are covered in a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing or the subject of infringing activity, along with information reasonably sufficient to permit us to locate the material.
• Contact information reasonably sufficient for us to reach you, including your address, telephone number, and email address (if available).
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Empura’s designated agent to receive notifications of claimed copyright infringement can be reached at:

DMCA Notice:

Attention: Empura.com Legal Team

Empura, LLC.

13031 US Hwy 19 N,

Clearwater, FL 33764

dmca.notice@Empura.com

Upon receipt of a valid DMCA notice, Empura will investigate the claim and take appropriate action, which may include removing or disabling access to the allegedly infringing material. Submitting a false claim may result in legal consequences.

PLEASE CAREFULLY REVIEW THESE TERMS BEFORE SUBMITTING ANY CONTENT TO Empura. By sharing or submitting any content, including but not limited to reviews, ratings, testimonials, comments, images, videos, or social media posts (“User Content”), you agree and acknowledge that Empura may choose to use User Content that you have shared on this Site or through third-party platforms, such as Instagram, Facebook, Pinterest, YouTube, TikTok, and X (formerly Twitter) (collectively, "Third-Party Platforms"). By agreeing to these Terms, you grant Empura a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise utilize the User Content in any form, media, or technology, now known or developed in the future, for promotional, marketing, and informational purposes. This includes, but is not limited to, Empura’s website, social media accounts, mobile applications, email communications, and in-store marketing. You also grant Empura the right to use your name, likeness, social media handle, or any other identifying information associated with the User Content.

By submitting User Content, you represent and warrant that: (a) You own all rights to the User Content, including any copyrights and proprietary rights, or have secured all necessary permissions to grant Empura these rights; (b) You are at least 18 years old, or if under 18, you have obtained parental or legal guardian consent; (c) Any individuals appearing in the User Content have provided necessary permissions or, if minors, their legal guardians have given authorization; (d) The User Content does not infringe upon any third party’s intellectual property, privacy, or publicity rights; (e) There are no ongoing or anticipated legal disputes concerning the User Content; and (f) Any statements regarding Empura or its products reflect your genuine opinions and personal experiences.

Additionally, you waive any "moral rights" or similar rights related to attribution or the integrity of the User Content, as permitted by law. You also release, discharge, and agree to hold Empura and its representatives harmless from any claims related to copyright infringement, defamation, privacy violations, or any other legal matters arising from Empura’s use of your User Content under these Terms.

You acknowledge that Empura is under no obligation to use any User Content submitted and may remove it from its platforms at any time. You also understand that you will not receive compensation or other remuneration for Empura’s use of your User Content. IF YOU DO NOT OWN OR HAVE THE NECESSARY AUTHORITY TO GRANT THE RIGHTS OUTLINED HERE, OR IF YOU DO NOT WISH TO GRANT Empura THESE RIGHTS, DO NOT SUBMIT YOUR USER CONTENT.

The Site may integrate chatbot technologies and other artificial intelligence-generated functionalities, including but not limited to text, images, and multimedia content (collectively, “Generative AI Features”). Due to the inherent limitations of generative artificial intelligence, the responses, recommendations, and other information provided through the Generative AI Features (collectively, the “Output”) may be inaccurate, incomplete, outdated, or misleading. Such Output may be based on unverified, third-party, or publicly available data and does not constitute a representation or warranty by Empura regarding any product, service, or recommendation. Empura makes no guarantees as to the accuracy, reliability, suitability, or completeness of any Output. All Output is provided “as is” for general informational or illustrative purposes only and must not be relied upon for making legal, medical, financial, regulatory, safety, or other significant decisions. You are solely responsible for verifying the accuracy of any Output prior to relying upon it or taking any action thereon.

Certain product photos, videos, and other visual or promotional content presented on the Site may have been created or enhanced through generative AI technologies. These assets are intended for marketing and illustrative purposes only. Due to the limitations and creative nature of generative AI, Output may not accurately reflect the actual appearance, size, dimensions, materials, color, or other characteristics of the physical product. Variations between Output and actual products are to be expected, and Empura disclaims all liability for discrepancies.

Any pricing information generated by the Generative AI Features is subject to errors, omissions, and fluctuations, and does not constitute an offer to sell, an acceptance of an offer to purchase, or any contractual agreement. Official pricing and product availability shall be governed solely by Empura’s published terms and policies. Unless otherwise specified, the Output may be derived from publicly available information, third-party sources, customer reviews, or other unverified data, and does not necessarily reflect the views or positions of Empura. Empura expressly disclaims any responsibility for the accuracy or reliability of such Output.

Users are strictly prohibited from utilizing the Generative AI Features to generate, disseminate, or facilitate content that is harmful, abusive, deceptive, fraudulent, defamatory, obscene, threatening, or otherwise unlawful. Furthermore, any attempt to manipulate, bypass, or override the safeguards, security measures, or intended functionalities of the Generative AI Features is strictly prohibited.

The Output provided by the Generative AI Features is intended for general informational purposes only and must not be relied upon for making legal, medical, financial, regulatory, safety, or other consequential decisions. You acknowledge and accept that due to the nature of artificial intelligence and machine learning, similar or identical Outputs may be generated for multiple users, and such Outputs shall not be deemed unique or proprietary to you. While you remain responsible for any Input submitted, Outputs generated for other users shall not constitute your content.

Users must not input, upload, or disclose any sensitive, confidential, proprietary, or personal information through the Generative AI Features. Empura does not guarantee the confidentiality of any Input submitted and reserves the right to use Input to improve the Generative AI Features, underlying models, and other Empura services, in accordance with Empura’s Privacy Policy. While users may utilize the Output for their personal use, all rights, title, and interest in and to the Output shall remain the exclusive property of Empura.

The Generative AI Features are provided on an “as is” and “as available” basis without warranties of any kind, express or implied. Empura expressly disclaims all warranties, including but not limited to those of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Empura does not warrant that the Generative AI Features will be error-free, uninterrupted, or meet any specific performance or expectation requirements.

To the fullest extent permitted by law, Empura shall not be liable for any loss, damage, or harm resulting from the use or inability to use the Generative AI Features, reliance on any Output, or any errors, omissions, or inaccuracies contained therein.

Pricing on the Site reflects wholesale rates and is updated in real time. Product pages may display known or anticipated manufacturer price increases; however, Empura does not always receive advance notice from manufacturers regarding such changes. For orders that are not fully paid at the time of purchase, Empura reserves the right to apply any manufacturer price increases to the total order amount. If a manufacturer’s price increase affects an unpaid order, Empura will notify you of the updated price, the additional payment required, and the deadline for payment. If the required additional payment is not received by the specified due date, Empura reserves the right to cancel the order and either refund the payment or issue a Refund Credit. To secure the most accurate pricing, customers are encouraged to complete payment in full before any price increase takes effect.

All prices are subject to change without prior notice. In the event that a product is listed at an incorrect price due to an error on the Site, Empura reserves the right, at its sole discretion, to determine how to resolve the discrepancy. This may include reaching an agreed-upon price with the customer or canceling the order and issuing a full refund. Empura retains full discretion in determining the appropriate resolution for any pricing errors.

While in-stock items typically ship within 1-2 business days, Empura does not guarantee specific shipment dates. For items that ship directly from the manufacturer, estimated processing times are provided on the product page. If inventory is insufficient to fulfill your order, Empura will notify you via email. Empura reserves the right to ship similar or substitute items when availability issues arise. No prior notice to the customer is required for such substitutions.  If your order is time-sensitive, please reply to the notification so our team can assist in finding a suitable solution.

Empura reserves the right to cancel any order, refund, credit, or reshipment at its sole discretion, without prior notice. If cancellation is based on conduct that Empura determines, in its sole discretion, to be in violation of its policies, applicable law, fraudulent activity, misuse of Empura services, or otherwise harmful to Empura’s interests or other users, no reimbursement or compensation of any kind will be provided.

Once an order has been placed, cancellation is not guaranteed. If you need to cancel an order, please contact Empura as soon as possible. If cancellation is possible, a cancellation and/or restocking fee may be applied, which could be deducted from any refund or credit issued. This fee may be up to 50% of the item's cost and return shipping to cover processing and restocking expenses. Please note that customized products cannot be modified, canceled, or returned under any circumstances.

After an order has been placed, modifications are not guaranteed. If you need to make changes to your order, please contact Empura as soon as possible. However, please note that customized products cannot be modified, canceled, or returned under any circumstances.

If you receive an incorrect or damaged product, please keep the item(s) unused and in their original packaging and contact our Customer Solutions team as soon as possible. Our team will work with you to determine an appropriate resolution, which may include reshipping the correct item or providing a refund. In some cases, we may request photos of the incorrect or damaged product for verification. Empura, in its sole discretion, will determine whether an item is considered damaged or used, often in accordance with the guidelines set by the item's manufacturer. If a return is required, Empura will cover the cost of return shipping for the affected item.

Once an order has been shipped and marked as delivered by the carrier to the address provided by the customer, ownership and responsibility for the goods transfer to the customer. Empura is not responsible for loss, theft, or damage that occurs after delivery confirmation. It is the customer’s responsibility to ensure that the delivery location is secure and accessible at the time of delivery. If an item is shown as delivered but is not in the customer’s possession, the customer should contact the carrier directly to file a claim. Empura may, at its sole discretion, assist with information related to the shipment, but it will not issue replacements or refunds for items confirmed as delivered.

Certain products and services offered by Empura may be available through subscription-based purchasing, which involves automatic recurring charges. Subscription plans may include required terms, a specified number of transactions, or a minimum commitment period. By enrolling in a subscription, you agree to the applicable terms, including automatic billing at the designated intervals.

If you choose to cancel a subscription before fulfilling the required terms, you may be responsible for paying the difference between the discounted subscription price and the current retail price of the product(s) received. This amount will be charged to the payment method on file at the time of cancellation. Empura reserves the right to modify, suspend, or terminate any subscription at its sole discretion.

Promotional codes, coupons, and discounts (“Promotions”) offered by Empura are subject to availability and may be modified or revoked at any time without prior notice. Promotions are valid only for the specified time period, products, or categories as stated in the offer, are non-transferable, have no cash value, and cannot be resold or exchanged for credit or compensation. Certain products, brands, and categories may be excluded at Empura’s discretion, and Promotions do not apply to taxes, shipping, handling fees, or other charges unless expressly stated. Empura reserves the right to void, refuse, or cancel any order involving suspected misuse, fraud, unauthorized reproduction, or tampering with a Promotion. If a purchase made using a Promotion is returned, any refund will be issued based on the actual amount paid after the discount was applied, and any return that reduces the order below a required minimum purchase threshold may result in the discount being revoked or adjusted. Empura retains sole discretion in determining the validity and enforcement of any Promotion and reserves the right to correct pricing errors, modify discount values, or cancel any order due to ineligible promotional use.

Empura may, in its sole and absolute discretion, offer a loyalty program known as “Empura Rewards” (the “Program”), which is available only to eligible customers with an active Empura.com account (“My Account”) associated with a valid email address, limited to one account per individual and not available to resellers, and participation constitutes acceptance of all applicable terms, conditions, policies, and program details referenced on the Site; participants may earn points (“Points”) on qualifying purchases and select activities as determined solely by Empura, with Points calculated on eligible purchase amounts prior to taxes, shipping, handling and excluding, without limitation, Outlet, Clearance, Scratch and Dent purchases, Promo eGift Cards, amounts paid using Rewards Dollars or Special Offers, certain third-party or manufacturer-restricted products, exchange or concession transactions, and any offline, phone, or sales representative-assisted transactions that Empura determines, in its sole discretion, are ineligible, and Empura reserves the right at any time to determine, modify, limit, or eliminate eligible transactions, products, categories, or activities without notice; Points are generally posted within approximately thirty (30) business days following shipment of a qualifying order, though posting times are estimates only and may vary, and Empura shall have no obligation to award Points for any transaction that is incomplete, disputed, canceled, refunded, returned, or otherwise deemed ineligible; Points may be converted into rewards (“Rewards Dollars”) and applied toward eligible purchases at checkout while logged into a My Account, subject to system availability, minimum thresholds, and any additional restrictions imposed by Empura, and Rewards Dollars have no cash value, are not legal tender, and may not be redeemed for cash, credit, or any other form of compensation; Points and Rewards Dollars expire ninety (90) days after issuance unless otherwise specified, and any expired, forfeited, or unused Points or Rewards Dollars will be permanently void and will not be reinstated; if a transaction associated with Points is canceled, refunded, returned, charged back, or otherwise adjusted for any reason, Empura reserves the right, without limitation, to deduct, reverse, cancel, or claw back the corresponding Points or Rewards Dollars, including after redemption, and to offset such amounts against future earnings or balances; Empura further reserves the right, at any time and in its sole discretion, to audit, monitor, review, and adjust all Program activity and to suspend, revoke, or claw back Points or Rewards Dollars in cases of error, system malfunction, suspected fraud, abuse, manipulation, bad faith conduct, or violation of these Terms, whether or not such Points have been redeemed; participants agree not to engage in any fraudulent, abusive, or improper conduct, including but not limited to manipulation of transactions, multiple or duplicate accounts, use of false information, exploitation of pricing or system errors, or any activity intended to artificially increase rewards accrual, and any such conduct may result in immediate suspension or termination of participation, forfeiture of Points and Rewards Dollars, and cancellation of associated transactions; Program accounts and Points are personal, non-transferable, and may not be combined, pooled, sold, bartered, assigned, or otherwise transferred by operation of law or otherwise; Empura may impose earning, redemption, or participation limits at any time, including but not limited to a maximum accumulation of 200,000 Points within any three (3) month period based on its fiscal calendar, and reserves the right to deny, delay, or limit redemption in its sole discretion; Points and Rewards are promotional in nature and do not create any property interest, contractual right, or vested entitlement; Empura reserves the right, at any time and without notice, to modify, suspend, restrict, or terminate the Program, in whole or in part, including any aspect of Point accrual, valuation, redemption, expiration, or eligibility, and any such modification or termination may result in the cancellation or forfeiture of previously earned Points or Rewards Dollars.

Empura gift cards (“Gift Cards”) are issued solely for use on the Empura website and cannot be redeemed for cash, transferred, resold, or used for unauthorized transactions, except as required by law. Empura is not responsible for lost, stolen, or unauthorized use of Gift Cards, and replacements will not be issued. The purchase and use of Gift Cards are subject to all applicable Empura policies, and any suspected fraudulent or unlawful activity may result in cancellation or deactivation of the Gift Card without notice. Gift Cards currently do not expire and are not subject to fees. If a purchase exceeds the Gift Card balance, the remaining amount must be paid using another accepted payment method.

It is your responsibility to confirm that you or your organization qualifies for tax exemption. If you are uncertain about your eligibility, consulting a tax professional is recommended. Tax exemption documentation should only be submitted if Empura collects sales tax in the state where your order will be shipped. To qualify for tax exemption, you must provide properly completed and accurate documentation before placing an order. A tax ID number alone is insufficient. Empura does not modify forms on behalf of customers, so it is your responsibility to ensure all required information is correct, complete, and legible. Any submission containing errors or missing details will not be accepted, and you will need to provide an updated version.

Once an account is approved for tax exemption for a specific state due to resale, manufacturing, or another qualifying reason, all orders shipping to that state will automatically be processed as tax-exempt. There is no option to select tax exemption for individual orders or items at checkout. If you need to place an order that does not qualify for tax exemption, it must be processed through a separate, non-exempt account.

Tax exemption eligibility is reviewed and applied on a per-state basis, meaning an exemption certificate is valid only for shipments to the corresponding state. The review process generally takes 3-4 business days. You are responsible for ensuring that the email address linked to your account is active and accessible. Empura is not liable for tax exemption not being applied if you fail to respond to requests for additional documentation or clarification.

Empura reserves the right to cancel any order if it determines, in its sole discretion, that any tax exemption claim is false or misleading. Additionally, if at any time Empura finds that your tax-exempt status has been revoked, is inaccurate, or is otherwise invalid, any applicable taxes will immediately become due and payable.

By providing your phone number and opting into Empura’s text messaging services, you consent to receive SMS or MMS messages, including but not limited to order updates, promotional offers, and customer service communications. Message frequency may vary, and standard messaging and data rates may apply depending on your mobile carrier. Empura may use automated or non-automated systems to deliver messages, and while we strive for timely and accurate communication, we do not guarantee delivery, completeness, or reliability of text messages. Empura is not responsible for delayed, lost, or misdirected messages due to carrier issues or technical malfunctions. You may opt out of receiving promotional messages at any time by replying "STOP" to any Empura text message or by contacting customer support. Please note that opting out may not prevent Empura from sending transactional or service-related messages necessary to fulfill an order or respond to an inquiry.

Empura values your privacy and takes appropriate measures to safeguard your personal information. Your phone number and any details shared through Empura’s messaging services will be used in accordance with our Privacy Policy. Empura reserves the right to modify or discontinue its messaging services at any time without prior notice.

Vendors or suppliers may occasionally offer sweepstakes, contests, or promotional giveaways related to their products (“Sweepstakes”). These promotions are administered solely by the respective vendor or supplier and are subject to the official rules established by them. Empura is not responsible for managing, overseeing, or enforcing any terms of such Sweepstakes.

At its sole discretion, Empura may choose to advertise or promote a vendor-sponsored Sweepstakes but makes no representations or warranties regarding the accuracy, validity, or legitimacy of the promotion. Empura bears no responsibility for winner selection, prize distribution, or any disputes that may arise in connection with a Sweepstakes. Any claims or concerns related to the promotion must be directed exclusively to the vendor or supplier conducting the Sweepstakes. Additionally, Empura reserves the right to feature, promote, or display third-party advertisements and sponsored content on its website, including but not limited to paid promotions or vendor-highlighted products.

You acknowledge that all goods licensed or sold through the Empura Site, as well as any software or technology purchased, downloaded, or used from the Empura Site, are subject to U.S. customs and export control laws and regulations. Additionally, these products may also be governed by the export and customs laws of the country where they are manufactured or received. You agree to comply with all applicable laws, regulations, and restrictions related to export controls.

Furthermore, you represent and warrant that you will not access, download, release, carry, transfer, transship, export, or re-export any materials, goods, software, or technology obtained from the Empura Site to any country, territory, entity, or individual subject to export restrictions under U.S. law. This includes, but is not limited to, persons or organizations listed on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You acknowledge that ensuring compliance with all applicable export control laws before transferring any regulated materials is solely your responsibility..

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, INCLUDING ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE, IS ENTIRELY AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ALL PRODUCTS SOLD OR MARKETED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMPURA AND ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, OR ARISING FROM COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

EMPURA MAKES NO GUARANTEE THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR ANY COMMUNICATIONS SENT FROM EMPURA WILL BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR SYSTEMS, DEVICES, AND CONNECTIONS ARE SUFFICIENTLY PROTECTED AGAINST POTENTIAL THREATS AND FOR OBTAINING AND MAINTAINING THE EQUIPMENT NECESSARY TO ACCESS THE SITE. NO STATEMENT, ADVICE, OR OPINION PROVIDED BY EMPURA OR ANY THIRD PARTY ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOU EXPRESSLY AGREE THAT EMPURA SHALL NOT BE LIABLE FOR (1) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, INCLUDING ACCESS TO OR DISCLOSURE OF YOUR PERSONAL OR FINANCIAL INFORMATION; (2) ANY INTERRUPTION OR FAILURE IN TRANSMISSION TO OR FROM THE SITE; (3) ANY VIRUSES, MALWARE, TROJAN HORSES, WORMS, OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED THROUGH THE SITE BY THIRD PARTIES; OR (4) ANY CONTENT, ADVERTISEMENTS, OR LINKS TO THIRD-PARTY WEBSITES, INCLUDING EMPURA'S ENDORSEMENT OR GUARANTEE OF ANY LINKED SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMPURA AND ITS AFFILIATES, SUBSIDIARIES, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTION ARISING FROM OR RELATING TO YOUR USE OR INABILITY TO USE THE SITE OR ANY LINKED WEBSITE. THIS INCLUDES DELAYS OR FAILURES IN SITE ACCESS, ERRORS IN CONTENT OR FUNCTIONALITY, AND THIRD-PARTY INTERACTIONS, WHETHER BASED ON TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF EMPURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER DOES NOT APPLY TO INTENTIONAL OR GROSSLY NEGLIGENT ACTS ON THE PART OF EMPURA.

YOU ARE SOLELY RESPONSIBLE FOR EXERCISING GOOD JUDGMENT WHEN USING THE SITE. ANY RELIANCE ON INFORMATION, PRODUCTS, OR SERVICES PROVIDED THROUGH THE SITE IS AT YOUR OWN RISK.

You agree to indemnify, defend, and hold harmless Empura, its subsidiaries, affiliates, and their respective officers, directors, employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees, and sublicensees from and against any claims, damages, liabilities, causes of action, costs, including reasonable attorneys' fees, and other expenses arising directly or indirectly from: (1) your actual or alleged breach of these terms; (2) any claim that content or other material you have submitted or transmitted to the site infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret, or other intellectual property rights of any party; and (3) your actions or omissions in connection with your use of the site.

Important Notice Regarding Your Legal Rights

Please read this section carefully, as it significantly impacts your legal rights. It requires the resolution of most disputes through individual arbitration rather than court trials or class actions. Arbitration is less formal than litigation, relies on a neutral arbitrator instead of a judge or jury, and limits discovery. Arbitration decisions are final and binding, with only limited judicial review. This section also includes a waiver of jury trials and the right to bring class, collective, consolidated, private attorney general, or representative actions in both arbitration and litigation, to the fullest extent permitted by applicable law.

Agreement to Arbitrate

Except for disputes that qualify for small claims court, you and Empura agree that any dispute, claim, or controversy arising from or related to these terms, your use of the Site, or any products or services provided by Empura will be resolved through final and binding arbitration. This includes claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. Arbitration will take place before a neutral arbitrator rather than being decided in a court by a judge or jury. By agreeing to these terms, both you and Empura waive the right to litigate disputes in court or to have a jury trial, except as expressly provided herein.

Scope of Arbitration

The term "dispute" shall be interpreted broadly and covers any claim, controversy, or legal issue arising out of or related to your relationship with Empura, its agents, affiliates, subsidiaries, or representatives. This includes, but is not limited to, claims related to your use of the Site, purchase of products or services, advertising, membership in any Empura programs, receipt of delivery or repair services, financing applications, and communications with Empura. The arbitrator will have the authority to determine all issues except those reserved for a court of competent jurisdiction, including issues related to the scope, validity, or enforceability of this arbitration agreement, the class action waiver, or the jury trial waiver.

Class Action and Mass Action Waiver

All arbitration proceedings must be conducted on an individual basis. You and Empura expressly waive the right to pursue or participate in class arbitrations, class actions, collective actions, consolidated actions, private attorney general actions, or mass arbitrations. A "mass action" refers to a situation where 100 or more arbitration demands are filed within a 180-day period by the same or coordinated legal representatives against Empura, involving common legal or factual issues. If the class action and mass action waiver is determined to be unenforceable, the arbitration agreement shall not apply, and such claims must proceed in a court of law. This provision does not prevent you from reporting issues to government agencies that may provide relief under applicable law.

Mandatory Informal Dispute Resolution

Before either party may initiate arbitration, both parties must attempt to resolve the dispute through good faith negotiations for a period of 60 days, unless otherwise agreed. The party initiating the dispute must send a written notice of the dispute (“Notice”) to the other party, containing:

1. The name and contact information of the party initiating the dispute.
2. Sufficient information to identify any relevant account and transaction.
3. A detailed explanation of the dispute, including dates, location, and supporting evidence.
4. The remedy sought and a good faith calculation of the amount in controversy.
5. A personally signed certification by the initiating party and, if applicable, their attorney.

If Empura has a dispute with you, it will send the Notice to your most recent contact information on file. The recipient of the Notice may request a telephone settlement conference to facilitate resolution. Completion of this informal dispute resolution process is a condition precedent to arbitration. If a party fails to comply, a court of competent jurisdiction may decide the issue, and arbitration may be stayed pending compliance. Statutes of limitation will be tolled during the informal resolution process.

Initiating Arbitration

To commence arbitration, either party must submit a written arbitration demand ("Demand") via first-class mail, FedEx, or UPS within the applicable statute of limitations. The Demand must include:

1. The claimant's full name, contact details, and email address.
2. A clear statement of the claims being asserted and the factual basis for those claims.
3. The remedy sought, along with a good faith calculation of the amount in controversy.
4. The original personal signature of the claimant and, if applicable, their attorney.

The filing of a Demand certifies that the claims are presented in good faith, have legal merit, and are factually supported. Submitting a Demand tolls the statute of limitations for the claims asserted while arbitration is pending.

Arbitration Procedures

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, except as modified by these terms. If AAA is unable or unwilling to administer the arbitration, the parties shall use JAMS, or if no provider is available, petition a court of competent jurisdiction to appoint one. Arbitration hearings will be conducted remotely unless an in-person hearing is deemed necessary, in which case it will be held at a mutually convenient location.

During arbitration:

• Both parties may file dispositive motions as permitted under the Federal Rules of Civil Procedure.
• Discovery will be conducted proportionally to the dispute’s complexity and importance.
• The arbitrator shall have no authority to disregard applicable law or deviate from these terms.
• Relief may be awarded only on an individual basis and not to any non-parties.
• If a claim is found to be frivolous or in bad faith, the arbitrator may award attorneys' fees and costs to the prevailing party.

Either party may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the AAA within 30 days. The appeal will be reviewed by a single arbitrator or an agreed-upon panel from AAA’s Appellate Panel.

Bellwether Arbitration for Mass Claims

If 25 or more arbitration demands involving common legal or factual issues are filed within a similar timeframe by claimants represented by the same legal counsel, a bellwether process will apply. Initially, 10 claims (five selected by each party) will be arbitrated, and all remaining claims will be paused for 90 days. If the remaining claims are unresolved after this period, additional staged arbitration proceedings may be conducted. After completion of the bellwether process, unresolved claims must either proceed in court or be settled through further arbitration.

Costs of Arbitration

The payment of arbitration fees will be governed by the AAA Rules or the applicable arbitration provider's rules. Each party shall bear its own attorneys’ fees and costs, except where otherwise permitted by law or where a claim is deemed frivolous or asserted in bad faith.

Severability

If any portion of this arbitration agreement, other than the class action and mass action waiver, is deemed unenforceable, the remainder shall continue to be in effect to the fullest extent permitted by law. If the class action and mass action waiver is unenforceable, the arbitration agreement shall be void, and all disputes must be litigated in a court of competent jurisdiction.

Future Modifications to Arbitration Agreement

Empura reserves the right to modify this arbitration agreement. If any modification is made, you may reject the change by sending written notice within 30 days. Rejecting the change does not opt you out of arbitration altogether; instead, you agree to arbitrate under the most recent version of this agreement that you did not reject.

Class Action Waiver and Jury Trial Waiver

You and Empura agree that any proceeding, whether in arbitration or in court, must be conducted solely on an individual basis. You waive the right to bring or participate in class, collective, consolidated, private attorney general, or representative proceedings, to the fullest extent permitted by law. The parties retain the right to participate in a class-wide settlement. To the maximum extent permitted by law, both you and Empura waive the right to a jury trial.

Governing Law and Venue

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. If the FAA is deemed inapplicable, the laws of The State of Florida shall apply, without regard to conflict-of-law principles. Unless otherwise agreed, any non-arbitrable disputes must be litigated in the courts within The State of Florida, and both parties consent to personal jurisdiction and venue in those courts.

Empura may terminate these Terms at any time, with or without notice, if, in its sole discretion, you fail to comply with any provision of these Terms. You may also terminate these Terms at any time by ceasing all use of the Site. Upon termination by either party, your access to the Site may be revoked immediately, and you must destroy all content, materials, and other information obtained from the Site, including any copies made under these Terms or otherwise.

These Terms shall remain in effect unless terminated as described above. Certain provisions will continue to apply even after termination, including but not limited to: “License and Website Access,” “Copyrights & Trademarks,” “User-Generated Content and Submissions," “Third-Party Links and Services,” “Disclaimer of Warranties; Limitation of Liability,” “Indemnification,” “Dispute Resolution and Arbitration Agreement,” and any other provisions that, by their nature, are intended to survive termination.

These Terms shall be governed by and construed in accordance with the applicable laws of The State of Florida, without regard to conflict-of-law principles. If any provision of these Terms is determined to be unenforceable, that provision shall be modified only to the extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect. The headings used in these Terms are for reference only and do not limit or define the scope of any provision.

Empura’s failure to enforce any provision or exercise any right under these Terms shall not constitute a waiver of that provision or right in any other instance. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without prior written consent from Empura, while Empura may assign, transfer, or sublicense its rights or obligations under these Terms without restriction. The term “including” as used in these Terms shall be interpreted to mean “including, without limitation.”

These Terms constitute the entire agreement between you and Empura and supersede all prior agreements, understandings, and representations regarding the subject matter herein. Nothing in these Terms shall be interpreted to create a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Empura. Notices to you, including modifications to these Terms, may be provided via email, by posting on the Site, or by other reasonable means. A printed version of these Terms and any electronic notices shall be admissible in judicial or administrative proceedings related to these Terms to the same extent as other business records originally generated and maintained in printed form.