1. Terms

Please read the following carefully. This is a legally binding agreement between you as an End User (as defined below) (“End User” or “you”) and EEG, Inc. (doing business as “Empire Beauty Schools” and “Empire Education Group”) (“Empire” or “we”). This Website Terms and Conditions of Use Agreement, together with all applicable Empire rules and policies, including the Privacy Policy, forms the “Agreement” between you and Empire. By accessing the BeautyCareers.com web site (“Website”) and any related services provided by Empire (“Services”), you are agreeing that you have read the Agreement and agree to be bound by the Agreement and all applicable laws and regulations. If you do not understand or agree to be bound by any portion of the Agreement, you are prohibited from using or accessing the Website and Services.

We reserve the right, in our sole discretion, to change the Agreement from time to time, without prior notice. You should review this Agreement each time you access our Website or Services. Your access to our Website or Services is deemed to be your acceptance of this Agreement, and any changes thereto.

2. Scope and License

Anyone who accesses or uses our Website or Services is an “End User.” The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of our Website and Services and use of any and all information or data of any kind arising from access to, or use of, our Website and Services, including, without limitation, any text, graphics, sound recordings, audio, video, and art work.

If you are accessing or using our Website or Services on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.

Certain materials on our Website and provided through our Services are protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible within our Website and through our Services that is not expressly designated as being provided by another End User is the property of Empire and its content providers, and Empire and its content providers retain all right, title, and interest in the content.

Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use our Website, the Services, and related materials solely for your own non-commercial use. To the extent that the Website and Services permit you to download materials, you are permitted to temporarily download one copy of the materials (including information or software) for personal, non-commercial transitory viewing only. For the avoidance of doubt, this is the grant of a license, not a transfer of title.

Except as expressly provided in this Agreement and for the limited purpose of reviewing materials provided through the Website or the Services, under this license you may not:

• modify, copy, adapt, distribute, or perform materials provided through the Website or the Services; or
• use the materials for any commercial purpose, for any public display (commercial or non-commercial), or for any illegal purpose, including without limitation to victimize, harass, degrade, or intimidate an individual or group of individuals for any reason; or
• attempt to decompile or reverse engineer any software provided through the Website or Services;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or "mirror" the materials on any other server; or
• use any of our trademarks as meta-tags on any other website; or
• display our Website or Services, or portions thereof, in things (e.g., framing, scraping, etc.) without our express written permission; or
• use any automated means to access or use our Website or Services, including scripts, bots, scrapers, data miners, or similar software; or
• circumvent, disable, or otherwise interfere with security related features of the Services or any other features that prevent or restrict the use or copying of any materials; or
• attempt to interfere with or disrupt access to or use of our Website or Services by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or
• attempt to probe, scan, or test the vulnerability of our Website or breach any implemented security or authentication measures, regardless of your motives or intent; or
• access or use any password-protected, secure, or non-public areas of our Website, except as specifically authorized by Empire; or
• access data on our Website not intended for you; or
• impersonate or misrepresent your affiliation with any person or entity;
• attempt to or actually disrupt, impair, interfere with, alter, or modify our Website or Services, or any information, data, or materials posted and/or displayed by Empire.

The license granted in this Section shall automatically terminate if you violate any of the above restrictions and may be terminated by Empire at any time in its sole discretion. Upon terminating your viewing of materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

Except as expressly provided, all rights are reserved.

3. Availability

It is not possible to operate our Website or Services with 100% guaranteed uptime. Empire will make reasonable efforts to keep our Website and Services operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Website or Services. In addition, Empire reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of our Website or Services, with or without notice.

You agree that Empire shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Website or Services.

4. Disclaimer

YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF OUR WEBSITE AND SERVICES ARE AT YOUR SOLE RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EMPIRE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) OUR WEBSITE AND SERVICES; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH OUR WEBSITE AND SERVICES, OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. EMPIRE MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH OUR WEBSITE OR SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. EMPIRE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

5. Limitations

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL EMPIRE OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH (A) THE WEBSITE OR SERVICES; OR (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE OR SERVICES, OR ANY PORTION THEREOF, EVEN IF EMPIRE OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE NO GREATER THAN THE GREATER OF: (A) THE AMOUNT YOU PAID TO EMPIRE FOR PRODUCTS AND SERVICES IN THE LAST MONTH AND (B) ONE HUNDRED U.S. DOLLARS ($100).

6. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EMPIRE, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THIS AGREEMENT AND ANY ACTIVITY RELATED TO YOUR USE OF THE WEBSITE OR SERVICES.

7. Operations, Revisions and Errata

We reserve complete and sole discretion with respect to the operation of our Website and Services. The materials appearing on Empire's Website and Services could include technical, typographical, or photographic errors. Empire does not warrant that any of the materials are accurate, complete, or current. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of our Website or Services at any time. Empire does not, however, make any commitment to update materials on the Website or Services. If you believe any portion of our Website or Services includes an error or inaccuracy, please notify us.

8. Third Party Properties

Our Website and Services may refer you to physical venues, geographical sites, websites on the Internet, and/or products or services that are owned, under the control of, or maintained by a third party (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by Empire of any such Third Party Properties. You acknowledge that Empire is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that Empire is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. Empire does not endorse or make any representations about any Third Party Properties. If you access, visit, or use any Third Party Properties referred to on our Website or through our Services, you do so at your own risk.

Our Website and Services may contain materials submitted by Third Parties. Any such materials are provided solely as a convenience to you. Unless expressly stated to the contrary, Empire has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the Third Party materials, you do so at your own risk. In no event shall Empire be liable for any loss, claim, damages, or costs that may arise in connection with your use of these Third Party materials.

9. Notice and Takedown Procedure

Empire is committed to resolving any copyright infringement issues according to the Digital Millennium Copyright Act as outlined in this Notice and Takedown Procedure.

(a) Copyright Infringement Notification

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of title 17 of the United States Code (“Copyright Act”) to confirm these requirements):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs to the work(s) and track titles of the work(s) as displayed at those URLs in the body of an email is the best way to help us locate content quickly
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent by email to:

[email protected], Subject: Empire DMCA Copyright Infringement Notification

or written communication to:

EMPIRE DMCA Complaints
ATTN: Copyright Infringement Notification
396 Pottsville / St Clair Hwy
Pottsville, PA 17901

After we receive your copyright infringement notification, we will expeditiously take down the work(s).

If applicable, we will attempt to notify the alleged infringer of the copyright infringement notification and point them to the procedure for counter-notification. We will not share your personal information with the alleged infringer. If we receive a relevant counter-notification from the alleged infringer, we will forward it to you. You will have ten (10) days to notify us that you have filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Empire’s Website or Services. If we receive such a notification, we will not restore the material. If we do not receive such notification, we may reinstate the material.

Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

(b) Counter-Notification

The process for counter-notifications is governed by Section 512(g) of the Copyright Act: http://www.copyright.gov/legislation/dmca.pdf

To file a counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. Counter notifications should be sent to the email or postal address identified above.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Empire’s Website or Services. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

10. Modifications

At any time and in Empire’s sole discretion, we may add, delete, or modify the Agreement or our Website or Services. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using our Website or Services. All changes to the Agreement shall be effective immediately.

11. Governing Law

Any claim relating to our Website, our Services, or the Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Empire agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Website, our Services, or the Agreement will be exclusively in the federal or local courts located in the State of Delaware.

12. Access and Use Where Prohibited

Access to and use of our Website and Services are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this Section.

13. Local Laws and Export Control

By accessing and using our Website or Services, you acknowledge and agree that Empire controls and operates all parts of the Website and Services from its offices in the United States of America. Unless expressly stated to the contrary, the Website and Services are intended for viewing and use in the United States. Unless expressly stated to the contrary, Empire makes no representation that the materials are appropriate or will be available for use in other locations outside of the United States. Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through our Website or Services are solely directed to individuals, companies, or other entities located in the United States. Empire reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through our Website or Services is void where prohibited. If you use our Website or Services from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of our Website or Services in violation of United States export laws and regulations.

14. Dispute Resolution

Empire intends to resolve any and all disputes that may arise between it and its End Users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to Empire in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. Empire shall respond within ten (10) business days with identical information from its perspective. You and a representative of Empire shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and Empire mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and Empire fail to resolve the matter, you may then proceed to litigation in the forum described in Section 11 above.

15. End User Submissions and End User’s Grant of Limited Licensed

In operating our Website and providing our Services, Empire does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, the Services, our mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Empire will be deemed not to be confidential or secret. By submitting or sending information or other material to Empire you represent and warrant that the information is accurate, truthful and original to you and that no other party has any rights to the material.

By communicating with Empire, including submitting or sending content to us, you grant Empire the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into a feature of the Website or Services. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any content or part thereof, or other communication to Empire. You also warrant that any "moral rights" in such content are waived.

16. Miscellaneous

If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.

No action arising out of this Agreement or your access to or use of our Website or Services, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.

If Empire does take any legal action against you as a result of your violation of the Agreement, Empire will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Empire. You agree that Empire will not be liable to you or to any third party for termination of your access to, or use of, any of our Website or Services as a result of any violation of the Agreement or for any reason at all.

You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Empire. Any purported assignment lacking such consent will be void at its inception. Empire may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Website or through our Services.