Term Of Use

Updated: January 21, 2017

This website is operated by Empire Capitol International Inc. We provide cleaning & janitorial services in the Greater Toronto Area.

This Service and the Website is available only to individuals above 13 years of age or registered companies. By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and EMPIRECAPITOL.COM in relation to your use of the Website and/ or the Services and applies to all users of the Services, whether registered or not, on the Website.

As used in this Agreement, “www.empirecapitol.com/“, “we,” “us,” and “our” shall mean EMPIRECAPITOL.COM and its subsidiaries and affiliates. By accessing or using the services available through our website (the “Services”), you agree to be bound by these Terms of Service and our Privacy Policy currently found at https://empirecapitol.com/privacy-policy and incorporated herein by reference. These Terms do not alter in any way the terms or conditions of any other agreement you may have with EMPIRECAPITOL.COM for products, services or otherwise. If you are using the Services on behalf of any entity, you represent that you are authorized to do so.

We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Please note that EMPIRECAPITOL.COM may change this agreement without notice, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

In an effort to provide you with the best products and services, you grant us sole rights and permission to refer you to one of our member cleaning contractors, suppliers or partners to provide you with the products or services you require outside of your relationship with us. You understand that in the connection with your referral to one of our member cleaning contractors, suppliers or partners, Empire Capitol International Inc. may or may not receive a referral fee as agreed with these independent parties. You also understand and agree that we may share your personal information submitted to us in connection with your referral to another provider.

Use Of The Services

Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access, and use the Platform and Content solely for personal and noncommercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by EMPIRECAPITOL.COM or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. EMPIRECAPITOL.COM reserves its right to reject and delete any resume/ insertion or information/data fed in by the user without assigning any reason.

EMPIRECAPITOL.COM or any third parties will not be liable on account of any inaccuracy of information on this web Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download publish, modify and distribute material on EMPIRECAPITOL.COM unless specifically authorized by EMPIRECAPITOL.COM in this regard. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law

Third Party Links, Content And Services

Any and all contents and services (including advertising) within EMPIRECAPITOL.COM that are not owned by EMPIRECAPITOL.COM are “third party content and services.” EMPIRECAPITOL.COM acts merely as an intermediary service provider of, and accepts no responsibility or liability for third party content and services. In addition and without limiting the generality of the foregoing, EMPIRECAPITOL.COM may include links to Websites operated by third parties, including advertisers and other content providers. Those Websites may collect data or solicit personal information from you. EMPIRECAPITOL.COM does not control such Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Websites may collect.

Copyright And Trademark Notices

This website contains material which is owned by or licensed to Empire Capitol International Inc., EMPIRECAPITOL.COM, its affiliates, or other third party licensors, and is protected by international copyright and trademark laws of Canada. The material includes, but is not limited to text, graphics, episodes, code, and software. You may not modify, copy, reproduce, republish, transmit, or edit the material in any manner. Portions of material from the different areas in the Site may be printed and downloaded provided that these be used for personal and non-commercial purposes and that you agree not to alter any copyright or proprietary information from the materials. You agree to grant EMPIRECAPITOL.COM a worldwide non-exclusive, royalty-free, perpetual license to exercise the rights in the material as stated below:

1. To sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any material and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums, and newsgroups) or by e-mail to EMPIRECAPITOL.COM by all means and in any media now known or hereafter developed.
2. Use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto.
3. To have no recourse against EMPIRECAPITOL.COM for any alleged or actual infringement or misappropriation of any proprietary right in your communications to EMPIRECAPITOL.COM.

All publications, products, content, or services referenced in the Site are the exclusive trademarks or service marks of EMPIRECAPITOL.COM and are protected by international copyright and trademark laws. Other product and company names mentioned in the Site which are not the property of or licensed to EMPIRECAPITOL.COM are acknowledged on the website.

Your Right To Use The Site And Its Content

With the exception of information, products, or services clearly identified as being supplied by EMPIRECAPITOL.COM, the Site does not operate, control, or endorse any information, products, or services on the Internet in any way. All information, products, or services that are not identified to EMPIRECAPITOL.COM but are offered through the Site or on the Internet generally are by and from third parties that are not affiliated with EMPIRECAPITOL.COM.

Files available for downloading through the Site are not guaranteed by EMPIRECAPITOL.COM to be free from infection or viruses, worms, Trojan horses, or other codes that may contaminate or destroy properties. You shall take the responsibility of implementing adequate procedures to meet your particular requirements for data input and output accuracy, and for upholding your own means for the retrieval of any lost data.

You agree to assume all risk and responsibility for your use of the Site and the Internet. The Site provides “as is” information and does not express or imply representations, endorsements, or warranties with regard to the Site or any merchandise information provided generally on the Internet. The Site does not make implied warranties of title or non-infringement or of merchantability or fitness for certain purposes. As such, EMPIRECAPITOL.COM shall not be deemed accountable for cost or damages resulting from the aforementioned transactions. It does not guarantee that the Site will be free of error nor the correction of any defect in service. You agree that the Internet in general contains unfiltered materials of which some may be offensive to you. Access such materials at your own risk. EMPIRECAPITOL.COM has no control for or responsibility over such materials.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Disclaimer

YOU’RE USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE PUBLIC AND OUR MEMBERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF EMPIRECAPITOL.COM. AND EMPIRECAPITOL.COM. CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE COMPANY HAS NO CONTROL AND DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE CONTENT OR USE OF WEBSITES THAT MAY BE LINKED TO EMPIRECAPITOL.COM. THE COMPANY DOES NOT NECESSARILY ENDORSE SUCH INDEPENDENT WEBSITES EVEN IF LINKS TO THEM CAN BE FOUND ON EMPIRECAPITOL.COM.

Limitation of Liability

IN NO EVENT SHALL EMPIRECAPITOL.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY  DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EMPIRECAPITOL.COM. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT EMPIRECAPITOL.COM. SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY EMPIRECAPITOL.COM. FROM ITS FACILITIES IN CANADA. EMPIRECAPITOL.COM. MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Termination

We may terminate this agreement without notice at any time for any reason. The provisions under pertinent paragraphs including “Copyright and Trademark Notices”, “Your Right to Use the Site and Its Content”, “Indemnification”, “Third Party”, and “General” shall survive any termination of this agreement.

Entire Agreement/ Severability

These Terms and Conditions incorporate our Privacy Policy which together constitutes the entire agreement between You and EMPIRECAPITOL.COM, in relation to Your use of the Website and/ or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and EMPIRECAPITOL.COM relating to this subject matter, and cannot be changed or terminated orally.

Non-waiver

Failure by either EMPIRECAPITOL.COM, or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

Indemnification

You agree to indemnify, defend, and hold harmless EMPIRECAPITOL.COM, Empire Capitol International Inc., its agents, officers, employees, suppliers, and third party information providers against any and all liabilities, losses, expenses, damages, and costs, including reasonable legal fees, arising from any violation of this agreement including negligent or wrongful conduct by you or any other person accessing the Site and its products, services, and information.

Force Majeure

EMPIRECAPITOL.COM shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Governing Law

a. Governing Law.

The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Canada, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ontario. Therefore, you agree that: (i) the Service shall be deemed solely based in Ontario; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Ontario. This Agreement shall be governed by the internal substantive laws of the province of Ontario, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Ontario or the Canada District Court, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.

b. Arbitration.

For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims we have for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as provided herein. Unless we agree otherwise, the arbitration will be conducted in the city/town where you reside. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. The failure of EMPIRECAPITOL.COM to insist upon or enforce strict performance of any provision of this terms and conditions shall not be construed as a waiver of any provision or right ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.