Terms and Conditions - Empty Nest Network

Terms and Conditions of Use

Last modified: January 17, 2024

Welcome to the Empty Nest Network! We are a website for the exchange of information and ideas. We hope you will find our website entertaining, informative, and easy to use.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.

EMPTY NEST NETWORK LLC (collectively “Empty Nest Network”, “ENN”, “we”, “us”, or “our”) is pleased to provide you (also referred to herein as “I”) access to the website www.emptynestnetwork.com and to the resources, video content, interfaces, tools, social media profiles, services, and payment platforms accessible on, from, or through the website (collectively, the “ENN Services”), subject to your agreement to comply with these terms and conditions of use (“the Agreement”).

Disclaimer: The ENN Services do not constitute legal, financial, medical, therapeutic, counseling, or any other professional services or advice. Do not use the ENN Services as a substitute for or to avoid going to your own legal advisor, financial analyst, healthcare provider or other appropriate professionals and advisors, to replace any advice such providers have given you, or to self-diagnose or self-treat any medical, psychological, or other problems or conditions. The ENN Services are not intended as therapy or a therapy replacement. Seeking medical advice, counseling, therapy, or similar actions are not permitted on or through the ENN Services. We encourage you to seek the advice of professionals and other advisors, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice, or other content through the ENN Services.

EMPTY NEST NETWORK PROVIDES THE ENN SERVICES SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH ALL OF THEM. BY ACCESSING OR USING THE ENN SERVICES, YOU (A) ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AS UPDATED FROM TIME TO TIME PURSUANT TO THIS AGREEMENT; (B) UNDERSTAND AND AGREE THAT THE ENN SERVICES ARE NOT PROFESSIONAL SERVICES; AND (C) REPRESENT THAT YOU WILL SEEK THE ADVICE AND CARE OF A HEALTHCARE PROVIDER AS NEEDED. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION, DO NOT ACCESS OR USE THE ENN SERVICES. ACCORDINGLY, YOUR ACCEPTANCE OF THIS AGREEMENT OR USE OF THE ENN SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS AND GIVES RISE TO A BINDING LEGAL AGREEMENT BETWEEN ENN AND YOU GOVERNING YOUR USE OF THE ENN SERVICES. BY ACCESSING OR USING THE ENN SERVICES, YOU HEREBY AGREE AND REPRESENT AS FOLLOWS:

I Understand that Empty Nest Network May Change this Agreement.

Empty Nest Network reserves the right at our sole discretion, to change, modify, update, add, or delete potions of this Agreement at any time. You may not amend this Agreement unless the amendment is in writing and signed by both you and Empty Nest Network.

It is your responsibility to regularly check for changes to this Agreement and to review such changes at https://emptynestnetwork.com/terms-and-conditions/. All changes to this Agreement are effective immediately upon posting and apply to all access to and use of the ENN Services thereafter. Your written approval is not a prerequisite to the validity or enforceability of this Agreement, and no solicitation of such written approval by or on behalf of Empty Nest Network shall be construed as an inference to the contrary. Any changes to the dispute resolution provisions, however, will not apply to any dispute for which the parties have notice before the date the new version of this Agreement is posted.

I Understand that this Agreement is Effective Until Terminated.

This Agreement is effective until terminated. We reserve the right, in our sole discretion to refuse, delete, suspend, or terminate your access to or use of the ENN Services and ENN Content (as defined below) at any time, with or without notice, including because of your violation of this Agreement. We may also remove, without cause and without notice to you, any User Content (as defined below) that you post. Your rights under this Agreement will terminate automatically without notice from Empty Nest Network if you fail to comply with any of the terms or conditions of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities that violate this Agreement if such use of another company’s service could reasonably be expected to adversely affect the ENN Services in any manner.

You may terminate this Agreement by ceasing to use the ENN Services.

Upon the termination of this Agreement, you shall cease all use of the ENN Services. In the event that your rights to use the ENN Services are terminated, you may immediately lose access to any information that may be on our systems. Provisions of this Agreement that require or contemplate performance after the termination of this Agreement shall survive and be enforceable after the termination of this Agreement.

I Understand that Empty Nest network May Change the ENN Services.

Empty Nest Network reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify, suspend, terminate, withdraw, or discontinue all or any part of the ENN Services without compensation to you, including, but not limited to (i) restricting the time all or any part of the ENN Services is available, (ii) restricting the amount of permitted use of all or any part of the ENN Services, and (iii) restricting or terminating any user’s right to use all or any part of the ENN Services, with or without notice; (b) charge fees in connection with the use of all or any part of the ENN Services; (c) modify or waive any fees charged in connection with all or any part of the ENN Services; or (d) offer opportunities to some or all users of all or any part of the ENN Services. Any new features or updated content or applications that we make available as a part of the ENN Services will be subject to this Agreement. You agree that ENN will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the ENN Services, in whole or in part, or of any service, content, or feature offered through the ENN Services.

I Understand that the Empty Nest Network Content Belongs to Empty Nest Network and I have only a Limited Right to Use the Empty Nest Network Content.

The ENN Services and (i) (a) their design, features, and functionality, (b) any software, code, files, content, information, reports, graphics, button icons, images, videos, audio, contained in or generated by the ENN Services and the design, selection, and arrangement thereof, (c) any accompanying data, and (d) embedded software, including third party software; (ii) documentation ((i) and (ii) collectively, the “ENN Content”); and (iii) any related intellectual property rights, including patents, copyrights, the Empty Nest Network Marks (as defined below), trade secrets, know how, and other similar rights or protectable attributes (collectively, “ENN Intellectual Property”), and any improvements to the foregoing, are owned by Empty Nest Network or its licensors and are protected by United States laws, including those governing copyrights, trademarks, patents, and/or trade-secrets. This Agreement does not transfer any title or rights to the ENN Services, ENN Content, or ENN Intellectual Property to you. Except for the limited licenses granted to you by this Agreement, all title and rights to the ENN Services, the ENN Content, and the ENN Intellectual Property remain with Empty Nest Network. Empty Nest Network reserves all rights not expressly granted to you, and except as provided in this Agreement, the rights granted by this Agreement are non-transferable and do not include any intellectual property rights. You understand and acknowledge that Empty Nest Network owns the ENN Services, the ENN Content, and the ENN Intellectual Property.

In addition, Empty Nest Network, the Empty Nest Network logo, and certain other names, brands, logos, slogans, trademarks, and service marks (collectively, “Empty Nest Network Marks”) are marks of Empty Nest Network or its licensors. Not all marks of Empty Nest Network will appear on the ENN Services. Marks of third parties may appear on the ENN Services when referring to those entities or their products or services. Third party marks displayed on the ENN Services are owned by their respective owners.

The ENN Services and ENN Content also are protected by copyright. Neither the ENN Services nor any ENN Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, shared, used to create derivative works, or distributed except as expressly permitted by this Agreement. Use of the ENN Services or ENN Content in any other way or for any purpose other than as permitted in this Agreement may be a violation of Empty Nest Network’s copyrights and other proprietary rights. Permission for all other uses of the ENN Services or ENN Content must be obtained from Empty Nest Network in advance and in writing. Further, you acknowledge and agree that the existence of a copyright notice on copies of the ENN Services or the ENN Content is not an admission or presumption that the publication of the ENN Services or ENN Content has occurred or is intended.

I understand, acknowledge, and agree that Empty Nest Network owns all right, title, and interest in and to any improvements to the ENN Services, ENN Content, or ENN Intellectual Property, regardless of whether such improvements resulted from a comment, suggestion, or recommendation that I made to Empty Nest Network.

I UNDERSTAND THAT I HAVE NO RIGHTS TO THE ENN SERVICES, ENN CONTENT, EMPTY NEST NETWORK MARKS, OR ANY OTHER EMPTY NEST NETWORK PROPERTY EXCEPT AS PROVIDED IN THIS AGREEMENT.

EMPTY NEST NETWORK TAKES THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, VERY SERIOUSLY. EMPTY NEST NETWORK WILL TERMINATE YOUR ACCESS TO, OR USE OF, ALL OR ANY PART OF THE ENN SERVICES, WITHOUT NOTICE TO YOU, IF YOU INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, OF EMPTY NEST NETWORK OR OTHERS.

I Understand that I have Only a Limited Right to Use the ENN Services.

Subject to and conditioned on your compliance with all terms and conditions set forth in this Agreement, Empty Nest Network hereby grants you a non-exclusive, non-sublicensable, non-transferrable, limited license to (i) access and use the ENN Services (as changed, modified, or upgraded by Empty Nest Network from time to time in its sole discretion) in accordance with the terms and conditions of this Agreement and (ii) to view and display ENN Content (other than Empty Nest Network software source code) and User Content (as defined below) in connection with your use of the ENN Services. Except as provided in this Agreement, when you use or access ENN Services, you are not receiving any other rights from us, including intellectual property or other proprietary rights of Empty Nest Network. In addition, this Agreement does not entitle you to receive, and does not obligate Empty Nest Network to provide, technical support services, medical services, therapy services, counseling services, ENN Content support, User content support, telephone assistance, or enhancements or updates to the ENN Services.

In accordance with this license, I understand, acknowledge, and agree that I am allowed to:

use the ENN Services on computer user devices and mobile user devices, but only as necessary for legitimate access to and use of the ENN Services;
temporarily store copies of the ENN Services and ENN Content in RAM incidental to my accessing and viewing those materials;
store files that are automatically cached by my web browser for display enhancement purposes; and
take actions enabled by third party features, such as social media features, if the ENN Services enables those features.

I understand, acknowledge, and agree that unless expressly permitted by this Agreement, I am not allowed to:

download the ENN Services or any ENN Content, including video content;
upload the ENN Services or ENN Content to the internet or otherwise make the ENN Services or ENN Content available on the internet for other persons or entities to copy, download, or use;
make the ENN Services or ENN Content available over a network where it could be used on multiple devices or by multiple users at the same time;
use any Empty Nest Network Intellectual Property in the design, development, manufacture, licensing, or distribution of any devices, accessories, software, or services for use with the ENN Services;
resell, transfer, modify, copy, duplicate, create, or re-create the ENN Services, programs, offerings, services, or other aspects of the ENN Services, or the ENN Content;
amend, alter, change, or modify the ENN Services or the ENN Content;
remove, mutilate, modify, or otherwise change or delete any trademark, logo, copyright notice, or other proprietary notice contained within the ENN Services or the ENN Content;
disassemble, decompile, reverse engineer, or otherwise attempt to discover the source code of the ENN Services;
use any illustrations, photos, video or audio sequences, or any graphics separately from the accompanying text;
hack the ENN Services, spoof the ENN Services, overburden the ENN Services, or modify any other software or website to imply falsely that the other software or website is associated with Empty Nest Network or the ENN Services; or
access the ENN Services through an automated means (i.e., through bots, robots, spiders, scrapers, etc.).
I Understand that Use of the ENN Services is Subject to Rules of Conduct.
1. Safe Use of the ENN Services Rules of Conduct

The safety of all users of the ENN Services is important. In addition, Empty Nest Network believes that all users benefit from basic rules regarding conduct while using the ENN Services. Widespread use and enjoyment of the ENN Services is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask that you follow a few basic rules of conduct when using the ENN Services. In using the ENN Services, I understand, acknowledge, and agree that:

I will not use the ENN Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
I will not use the ENN Services for the purpose of furthering terrorism or violence;
I will not collect or store personal information about any other individual using the ENN Services, or otherwise stalk, repeatedly contact, or harass other ENN Services users;
I will not interfere with others’ use of the ENN Services or act in a way that negatively affects others’ use and enjoyment of the ENN Services including sending unauthorized or unwanted communications to any other person;
I will not participate in any action that, in the sole and absolute opinion of Empty Nest Network, results or may result in any authorized user of the ENN Services being scammed or defrauded in any way in connection with such user’s use of the ENN Services;
I will not use the ENN Services to transmit viruses, worms, bots, Trojans, or other malicious code;
I will not use or exploit any errors in design, features that have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by Empty Nest Network, and I will promptly report to Empty Nest Network my discovery of any such errors, features, or bugs;
I will not use the ENN Services or ENN Content in any way that violates any applicable federal, state, local, or international law or regulation, including without limitation, any laws regarding the export of data or software to and from the United States or other countries and any laws regarding privacy, online conduct, or acceptable online content; and
I will not encourage or facilitate any violations of this Agreement.
1. Posting User Content

The ENN Services may allow you to enter, post, provide, submit, or link to certain content (including, for example, text, data, photographs, images, graphics, files, videos, audio, sound, music, messages, materials, works of authorship, etc.) and provide certain comments, ratings, suggestions, and reviews for others to see (collectively, “User Content”). I understand, acknowledge, and agree that all User Content will comply with the terms and conditions of this Agreement.

In order to access and use the ENN Services, you may be required to provide Empty Nest Network with personal information, including but not limited to, your name, user name, email address, and password. Any personal data that Empty Nest Network may collect about you or any device you use to access the ENN Services is subject to our Privacy Notice, which is a part of this Agreement. We encourage you to read and understand our Privacy Notice, which can be accessed at www.emptynestnetwork.com/privacy-policy.

In some cases, the ENN Services may allow you—in Empty Nest Network’s sole discretion—to enter post, submit, provide, or link to User Content “anonymously” such that your name is not publicly associated with that User Content; however, Empty Nest Network still collects and retains the information associated with anonymous actions. Such anonymous content is considered User Content and the terms of this Agreement apply to your entering, posting, providing, submitting, or linking to such anonymous User Content.

Empty Nest Network does not claim any ownership rights in any User Content that you enter, post, submit, provide, or link to on or through the ENN Services. By entering, posting, submitting, providing, or linking to User Content on or through the ENN Services, however, you grant Empty Nest Network and Empty Nest Network hereby accepts, a worldwide, perpetual, irrevocable, non-exclusive, transferrable, sub-licensable, fully-paid up, and royalty free license to use, sell, reproduce, create derivative works from, combine with other works, alter, modify, delete from, add to, translate, distribute copies, display, perform, and publish the User Content and your name in connection with such use of your User Content in any and all media and in any manner, in whole or in part, without any restriction or responsibilities to you. In addition, by entering, posting, submitting, providing, or linking to User Content, you hereby release Empty Nest Network from any claims that such use, as authorized above, violates any rights which you may have under applicable law, and you understand that you will not be entitled to any compensation for any user of your User Content. Further, by entering, posting, submitting, providing, or linking to User Content, you hereby represent, warrant, and agree as follows:

I own and control all of the rights to the User Content or otherwise have (a) the legal rights to enter, post, submit, provide, or link to the User Content using the ENN Services and (b) the right to grant Empty Nest Network the license specified in this Agreement;
The User Content that I enter, post, submit, provide, or link to does not, and will not, result in a breach of contract between me and any other person;
I will pay royalties, fees, and any other monies owing to any person due to any of the User Content that I enter, post, submit, provide, or link to using the ENN Services;
None of the User Content is subject to confidentiality obligations;
The User Content that I enter, post, submit, provide, or link to does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person;
The User Content is truthful, accurate, not misleading, and offered in good faith;
I am solely responsible for all of the User Content that I enter, post, submit, provide, link to, or otherwise make available in any way by or through the ENN Services;
I will not post another person’s sensitive identification documents, financial information, or other personal data without that person’s permission;
I will not enter, post, submit, provide, or link to User Content that is bullying, obscene or may be hateful or offensive on racial ethnic, sexual, or any other grounds, is harmful, vulgar, or distasteful, or is defamatory, libelous, or invades another person’s privacy;
I will not enter, post, submit, provide, or link to User Content reflecting or describing my mental health or otherwise seek counseling or therapy services;
I will not use ENN Intellectual Property (including the ENN Marks) without Empty Nest Network’s permission;
I understand that Empty Nest Network can, without notice and in its sole discretion, monitor User Content that I and other users enter, post, submit, provide, or link to using the ENN Services;
I understand that Empty Nest Network can, without notice and in its sole discretion, remove or edit any User Content that Empty Nest network believes is irrelevant, offensive, illegal, or if Empty Nest Network believes that doing so will improve the ENN Services;
I understand that Empty Nest Network can disclose my identity or other information about me to any third party who claims that my User Content violates their rights, including their intellectual property rights or their right to privacy;
I understand that Empty Nest Network can take appropriate legal action against me, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the ENN Services or ENN Content; and
I understand that Empty Nest Network reserves the right to force forfeiture of any user name that violates the trademark or other intellectual property rights of any other person.

NOTICE: Empty Nest Network has no obligation to respond to any of your User Content. In addition, Empty Nest Network is not responsible for any User Content, including, for the truth, completeness, objectivity, or usefulness of such User Content. Empty Nest network does not endorse any User Content, has not verified the identity of persons using the ENN Services, and reserves the right, but not the obligation, to screen, monitor, edit, and reject User Content before it becomes accessible on or through the ENN Services. Accordingly, you may be exposed to content from others user that is offensive or objectionable.

WITHOUT LIMITING THE FOREGOING, WE HAVE THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDERS REQUESTING OR DIRECTING US TO DISCLOSE YOUR IDENTITY, OR ANY USER INFORMATION YOU HAVE PROVIDED ON OR THROUGH THE ENN SERVICES. YOU WAIVE AND HOLD HARMLESS EMPTY NEST NETWORK AND ITS OWNERS, LICENSORS, EMPLOYEES, CONTRACTORS, OFFICERS, OR DIRECTORS (COLLECTIVELY, “PERSONNEL”), FROM ANY CLAIMS OR CAUSES OF ACTION RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER EMPTY NEST NETWORK OR LAW ENFORCEMENT AUTHORITIES.

I Understand that My Credit Cards May Be Linked to My ENN Services Account.

When interfacing with the ENN Services you may be given an opportunity to input payment information for one or more of your credit cards, check cards, or debit cards into the ENN Services to complete certain transactions. By providing your payment information, you authorize all transactions made using the ENN Services. You are responsible for all transactions associated with the ENN Services including unauthorized transactions. If a device you access the ENN Services with is lost, stolen, or destroyed, please contact your credit card company immediately.

I understand that the ENN Services May Contain Elements that are Governed by Additional Terms
1. Third Party Terms and Conditions Generally

The ENN Services may contain various third party software components to enhance the functionality of the ENN Services. Such third party software components may have terms and conditions, including privacy policies, which are separate and apart from this Agreement, but apply to you simultaneously. It is your responsibility to read and understand such terms and conditions, including the privacy implications therein. By your use of the ENN Services, you represent to Empty Nest Network that you have read and agree to abide by those third party terms and conditions.

The ENN Services may contain or interface with links to sites, applications, or content hosted or provided by third parties (“Third Party Content”), which links may appear to embed the Third Party Content into the interface of the ENN Services. Your use of such Third Party Content is subject to the terms of use, if any, governing the use of such Third Party Content. Empty Nest Network is not able to control such Third Party Content and assumes no responsibility for their subject matter, privacy policies, or practices. If there is any conflict between this Agreement and any terms or notices set forth with respect to any Third Party Content, then the terms of such Third Party Content will control your use of such Third Party Content. Please review the terms of use for all Third Party Content so that you understand all of the terms that will apply. By using the ENN Services, you expressly relieve Empty Nest Network from any and all liability arising from your use of any Third Party Content.

I Also Agree to the Following Terms and Conditions:
1. Liability and Warranty Disclaimer:

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE ENN SERVICES IS AT YOUR SOLE RISK, THAT NEITHER THE ENN SERVICES NOR THE ENN CONTENT ARE PROFESSIONAL SERVICES, INCLUDING BUT NOT LIMITED TO MEDICAL, MENTAL OR FINANCIAL SERVICES, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. IN ADDITION, YOU ASSUME THE TOTAL RISK AND RESPONSIBILITY FOR THE ENN SERVICES AND UNDERSTAND AND ACKNOWLEDGE THAT ANY LOSS OF DATA, DATA ERRORS, DAMAGE TO YOUR COMPUTER SYSTEM, INCOMPLETE TRANSACTIONS, SYSTEM DOWNTIMES, OR ANY OTHER ISSUES YOU EXPERIENCE USING THE ENN SERVICES ARE AT YOUR SOLE RISK AND ARE NOT THE RESPONSIBILITY OF EMPTY NEST NETWORK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENN SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU UNDERSTAND AND AGREE THAT THE ENN SERVICES WILL NOT BE UNINTERRUPTED OR ERROR FREE AND THAT EMPTY NEST NETWORK MAY NOT CORRECT ALL ERRORS. YOU FURTHER ACKNOWLEDGE THAT EMPTY NEST NETWORK AND ITS PERSONNEL ARE NOT LIABLE FOR ANY PRODUCT, GOOD, SERVICE, OPINION, ADVICE, OR OTHER WEBSITE THAT MAY BE SHOWN OR YOU MAY LEARN OF FROM EMPTY NEST NETWORK (“SHOWCASE MATERIALS”). EMPTY NEST NETWORK MAKES NO WARRANTIES REGARDING THE SAFETY, EFFICACY, OR CONDITION OF SHOWCASE MATERIALS AND YOU BEAR ALL FAULT OR RISK FROM THEIR PURCHASE OR USE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EMPTY NEST NETWORK NOR ITS PERSONNEL, MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE ENN SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER EMPTY NEST NETWORK NOR ITS PERSONNEL WARRANTS AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ENN SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ENN SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE ENN SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMPTY NEST NETWORK OR ANY OF ITS PERSONNEL SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE ENN SERVICES, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE ENN SERVICES OR IN ANY OTHER PRODUCT OFFERED BY EMPTY NEST NETWORK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMPTY NEST NETWORK OR ITS PERSONNEL BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, INCLUDING, WITHOUT ANY LIMITATION, ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, PERSONAL INJURY, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), REGARDLESS OF WHETHER SUCH DAMAGES ARE CHARACTERIZED AS DIRECT DAMAGES OR AS INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND EVEN IF EMPTY NEST NETWORK IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. YOU AND EMPTY NEST NETWORK HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND EMPTY NEST NETWORK WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY CAUSED DIRECTLY BY THE NEGLIGENCE OF EMPTY NEST NETWORK, THE LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY THE FRAUDULENT MISREPRESENTATION OF EMPTY NEST NETWORK, OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ALL OR A PORTION OF THIS LIMITATION MAY NOT APPLY TO YOU.

EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL EMPTY NEST NETWORK’S TOTAL, AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES EXCEED ONE-HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE FOREGOING STATES THE ENTIRE OBLIGATION OF EMPTY NEST NETWORK AND YOUR EXCLUSIVE REMEDY ARISING OUT OF YOUR USE OF THE ENN SERVICES AND THE ENN CONTENT.

Indemnification:

YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR YOUR CONDUCT WHILE USING THE ENN SERVICES AND FOR ALL USER CONTENT PROVIDED. ACCORDINGLY, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD EMPTY NEST NETWORK AND ITS PERSONNEL HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT EMPTY NEST NETWORK MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM, SUIT, OR DEMAND IN RELATION TO YOUR USE OF THE ENN SERVICES, THE USER CONTENT YOU CONTRIBUTE OR LINK TO, YOUR ACCESS TO THE ENN SERVICES, OR YOUR VIOLATION OF EITHER THIS AGREEMENT OR THE RIGHTS OF ANY THIRD PARTY. EMPTY NEST NETWORK SHALL HAVE THE RIGHT TO CONTROL AND DIRECT THE DEFENSE OF ANY THIRD PARTY CLAIM OR ACTION PURSUANT TO THIS SECTION, INCLUDING THE RIGHT TO SETTLE THE CLAIM, AND YOU AGREE TO PROVIDE YOUR FULL AND COMPLETE ASSISTANCE AND COOPERATION TO EMPTY NEST NETWORK.

Global Availability / International Law:

The ENN Services are controlled, operated and administered by Empty Nest Network from our offices within the United States. The ENN Services are not intended for use by residents outside of the United States. Empty Nest Network makes no representations that the ENN Services are appropriate or available for use in other locations. If, however, you access the ENN Services from another location, you do so at your own risk.

Use by Children under the Age of 18:

The ENN Services are not intended for children under the age of 18, and we do not knowingly collect any personal information from such children as can be understood by reviewing our Privacy Notice at https://emptynestnetwork.com/privacy-policy/. Children under the age of 18 should not use the ENN Services at any time. To the extent that a child under 18 uses the ENN Services they must do so with the approval of and under the supervision of their legal guardian.

Digital Millennium Copyright Act Policy:

Empty Nest Network does not knowingly permit the posting, storage, and transmission of copyrighted materials using its website or online services. Empty Nest Network will respond to all claims of violations of copyright pursuant to the Digital Millennium Copyright Act. To report a violation, please contact Empty Nest Network at the contract address provided below.

Security Policy:

Empty Nest Network maintains appropriate safeguards in place to protect the security, confidentiality, and integrity of your personal information and User Content. Safeguards may include administrative, physical, and electronic safeguards to protect against the unauthorized access, disclosure, alteration, destruction, loss, or misuse of your information. Empty Nest Network limits access to your personal information to our employees and third parties necessary to provide the ENN Services and other services to you.

Dispute Resolution Procedures:
1. WAIVER OF JURY TRIAL, COURT TRIAL, AND CLASS ACTION RIGHTS.

YOU KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION, SUIT, OR PROCEEDING RELATING TO A DISPUTE SUBJECT TO EXCLUSIVE DISPUTE RESOLUTION PURSUANT TO THIS SECTION 9(G) OR THE ENFORCEMENT OF ANY AWARD (AS DEFINED BELOW). YOU ALSO WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING AGAINST US OR RELATED THIRD PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT.

The existence of any Dispute and any documents, evidence, or other materials disclosed by you or Empty Nest Network to the other party, to the Mediator (as defined below) or the Arbitrator (as defined below) as a part of any Dispute, the Award (as defined below), and any other information relating to the resolution of any Dispute under this Agreement (collectively, the “Dispute Confidential Information”) shall be kept confidential, and there shall be no disclosure of any confidential information under this Section 9(G) except to a party’s legal or financial advisors (subject to an obligation of confidentiality) or as necessary to enforce this Agreement or any decision of the Arbitrator pursuant to this Agreement.

Governing Law.

This Dispute Resolution Agreement, including the breach, interpretation, validity, or enforceability thereof, and the enforcement of any Award (as defined below) or decision of the Arbitrator (as defined below) pursuant to this Agreement shall be governed by the United States Arbitration Act, 9 U.S.C. §§1 et seq. (“FAA”), to the exclusion of any provision of law inconsistent therewith or which would produce a different result. If it is determined that the FAA does not apply to any of the foregoing, then the laws of the State of Texas shall apply without regard to choice of law principles. In resolving a Dispute (including regarding applicability of statutes of limitation), the Arbitrator shall apply, without regard to choice of law principles, the substantive laws of the State of Texas.

Court Proceedings; Forum Selection; Confidentiality.

To the fullest extent permitted by applicable law, you agree that you will resolve all Disputes against us first through informal resolution and then by arbitration in accordance with Section 9(G)(5) of this Agreement. You agree that you will bring any claim or controversy regarding this Agreement or the matters contemplated by this Agreement that cannot be submitted to binding arbitration under Section 9(G) of this Agreement (if any) solely and exclusively in the state or federal courts located in Harris County, Texas. We may bring any Dispute against you in any court of competent jurisdiction, including in your country of residence or any other relevant country, and you hereby waive any and all objections to jurisdiction and venue of such courts. In addition, in no event will the terms of this Section 9(G) limit our right to investigate complaints or reported violations of this Agreement or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or third parties.

Dispute Resolution Procedures.
1. Notice of Dispute.

You shall commence the resolution of a Dispute only by providing a written notice of Dispute (the “Dispute Notice”) to Empty Nest Network explaining in reasonable detail the general nature of the Dispute and the relief or remedy sought. We may, in our sole discretion, commence the resolution of a Dispute by providing a Dispute Notice to you.

Informal Resolution.

If you provide a Dispute Notice, you will give us 30 days from the date of our receipt of the Dispute Notice to resolve the Dispute to your reasonable satisfaction before commencing arbitration. If we do not resolve the Dispute in this 30-day period, you may then, and only then, submit the Dispute to binding arbitration. Empty Nest Network may, but is not required to, provide you with 30 days to resolve a Dispute that Empty Nest Network has against you. Empty Nest Network may commence arbitration of a Dispute at any time.

The arbitration shall be administered according to the 2018 International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Non-Administered Arbitration (the “CPR Rules”). Either party (“Claimant”) may commence an arbitration by sending a notice of arbitration to the other party (“Respondent”) in accordance with the CPR Rules. Any arbitration conducted under this Agreement shall be heard by a sole arbitrator (the “Arbitrator”) qualified by education, training, and experience to resolve the Dispute. The seat of any arbitration shall be Houston, Texas. The Arbitrator shall fix a reasonable time and place for any hearings (which may be telephonic or by video conference) and shall determine the Dispute pursuant to the provisions of this Agreement in a timely manner, with the expectation that, absent special circumstances, a final hearing (which may be telephonic or by video conference) will be held within two (2) months after the selection of the Arbitrator. The Arbitrator shall render his or her decision (the “Award”) in writing within ten (10) business days of the conclusion of the final hearing to determine the Dispute and shall state the reasoning on which the award rests unless the Parties agree otherwise. The Parties agree that except as provided otherwise in this Agreement, the Arbitrator shall have the broadest powers allowable under applicable law, including that the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Agreement or whether any particular claim or controversy is a Dispute subject to arbitration under this Agreement. The Arbitrator will not have the power to conduct any form of class or collective arbitration nor to join or consolidate Disputes against us with Disputes brought against us by any other persons. Discovery shall be limited to the exchange of documents among the Parties to the arbitration. Depositions are not allowed. No discovery requests may be made to any person that is not a party to the arbitration. The responsibility for paying the costs of the arbitration (as defined in Rule 17.2 of the CPR Rules) shall be apportioned among the Disputing Parties in a manner determined by the Arbitrator to be reasonable, taking into account the circumstances of the case, the conduct of the parties during the proceeding, and the result of the arbitration.

Arbitration Award.

Any Award of an Arbitrator shall be final and binding on the Disputing Parties, and the Disputing Parties will undertake to carry out the award without delay. An Award may not be appealed except to the limited extent permitted by the FAA. Judgment upon an Award rendered by the Arbitrator may be entered by any court having jurisdiction. All Disputing Parties will act in good faith to avoid submitting an Award to a court and will endeavor in good faith to abide by any Award without the intervention of a court. Any claim or controversy regarding the interpretation of an Award or the applicability of an Award to any party shall be considered a Dispute subject to resolution pursuant to this Agreement.

Injunctive Relief.

You understand and agree that a breach or threatened breach of this Agreement will cause Empty Nest Network irreparable damage for which the recovery of money damages alone would be inadequate. Therefore, Empty Nest Network will be entitled to obtain injunctive relief in any court of competent jurisdiction to protect and enforce Empty Nest Network’s rights under this Agreement in addition to any and all remedies available at law without the requirement to post a bond (or with the posting of a nominal bond if a bond is required by applicable law). In addition, if we believe that you have acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. For Disputes you bring against us, the Arbitrator shall have the sole authority to grant injunctive relief, including preliminary injunctive relief.

Limitations of Actions.

Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected in any way with this Agreement, the ENN Services, or ENN Content, must be submitted to Empty Nest Network in a proper Dispute Notice pursuant to this Section 9(G) of the Agreement within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or be forever barred.

Internet and Mobile Device Data Services:

The ENN Services requires use of the internet to operate correctly, thus the quality and availability of the ENN Services may be affected by factors beyond Empty Nest Network’s control. Empty Nest Network does not accept responsibility for unavailability of the ENN Services. The terms of your agreement with your respective internet or mobile network provider apply when using the ENN Services. You may be charged by your internet or mobile provider for access to network connection services for the duration of the connection while accessing ENN Services. All such charges are your responsibility. Further, you agree that your use of the ENN Services is not contrary to any terms or conditions of coverage extended to you by your respective internet or mobile network provider.

Third Party Websites:

We appreciate positive, well-intentioned links to our ENN Services. If you create a link from another website to our ENN Services, you agree to present the link in a positive, well-intentioned way and not in a way that adversely affects us.

We assume no responsibility for any third party websites that link to the ENN Services. If a third party links to our website, it does not imply that we endorse, authorize, sponsor or are affiliated with that third party.

Miscellaneous:

This Agreement is the complete and entire agreement between you and Empty Net Network pertaining to the subject matter of this Agreement. It supersedes and replaces any and all prior or contemporaneous agreements, understandings, communications and discussions between you and Empty Nest Network relating to this Agreement, the ENN Services, and your use of the ENN Services and the ENN Content. The failure of Empty Nest Network to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision nor prejudice Empty Nest Network’s right to take subsequent action. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or unenforceable by a court based upon any written decree, that provision shall be modified to the extent necessary to render it enforceable without losing its intent or it shall be deemed severable from this Agreement if no modification is possible. The remainder of this Agreement shall remain in full force and effect and modification or severance of any one provision shall not affect the validity and enforceability of any of the remaining provisions.

How to Contact Us:

To ask questions or raise a concern about the ENN Services or the ENN Content, or to give required notice under this Agreement, you may contact us at:

Empty Nest Network

4212 San Felipe St.
P.O. Box 473
Houston, TX 77027

Email Address: [email protected]