These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, Empraxis LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sub-licensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from access by you and Empraxis LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
This Website is provided “as is,” with all faults, and Empraxis LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
Limitation of liability
In no event shall Empraxis LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Empraxis LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Empraxis LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Empraxis LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Empraxis LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Empraxis LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Washington, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Washington for the resolution of any disputes.
Last updated August 1, 2020
What information do we collect?
We collect information from you when you register on this Website, place an order, enter a contest or sweepstakes, respond to a survey or communication such as email, or participate in another site feature.
When ordering or registering, we may ask you for your name, email address, mailing address, phone number, credit card information or other information. You may, however, visit our Website anonymously, except when logged in and accessing restricted material as a registered user.
Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our Website. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.
How do we use your information?
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, view any page on the Website, or use certain other Website features in the following ways:
- To personalize your Website experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To allow us to better service you in responding to your support requests.
- To quickly process your transactions.
- To administer a contest, promotion, survey or other Website feature.
If you have opted-in to receive our email newsletter, we may send you periodic emails. If you would no longer like to receive promotional email from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below. If you have not opted-in to receive email newsletters, you will not receive these emails. Visitors who register or participate in other site features such as marketing programs will be given a choice whether they would like to be on our email list and receive email communications from us.
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information through our payment processing partners, they offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into their databases to be only accessed as stated above. We do not see or retain any identifiable payment method details, as all transactions are handled by our secure payment processors.
Information is also collected through Google Analytics to help analyze how users use the Website. The Google Analytics tool uses “cookies,” which are text files placed on your computer, to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Website (including IP address) is transmitted to Google. This information is then used to evaluate visitors’ use of the Website and to compile statistical reports on Website activity for Empraxis LLC. For more information regarding how Google Analytics protects your data, please visit Google.
Do we use “cookies”?
We may contract with third-party service providers to assist us in better understanding our Website visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (Internet Explorer, Safari, Firefox, Chrome, or Opera) settings. Each browser is a little different, so refer to your browser’s Help menu to learn the correct way to modify your cookies. If you turn cookies off, you may not have access to many features that make your Website experience more efficient, and some of our services may not function properly.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term “outside parties” does not include Empraxis LLC dba GaryMcAvoy.com. It also does not include Website hosting partners and other parties who assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our Website policies, or protect ours or others’ rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
How can you opt-out, remove or modify information you have provided to us?
To modify your email subscriptions, simply follow instructions found at the bottom of any subscription newsletter or email you have received from us, or send a message requesting removal to firstname.lastname@example.org.
Please note that due to email production schedules you may receive any emails already in production.
Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
In an attempt to provide you with increased value, we may include third-party links on our Website. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked websites. Nonetheless, we seek to protect the integrity of our Website and welcome any feedback about these linked websites (including if a specific link does not work).
Changes to our policy
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue, by email to email@example.com.
Online Policy Only
By using our Website, you consent to our privacy
Gary McAvoy – www.garymcavoy.com
Digital Millennium Copyright Act (DMCA) Notice
Empraxis LLC (Empraxis) owns, operates, and maintains www.garymcavoy.com.
This Site follows the safe harbor provisions of 17 USC § 512, otherwise known as the Digital Millennium Copyright Act (“DCMA”). As such, Empraxis will respond to written notification of copyright infringement in accordance with the DCMA.
If you believe that your intellectual property rights have been violated by Empraxis or by a third-party who has provided content on our Site, please provide all the following information to the Empraxis Designated Copyright Agent listed below:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed.
2. A description of where the material that you claim is infringing is located on the Site.
3. An address, a telephone number, and an e-mail address where Empraxis can contact you.
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, other intellectual property rights owner, or by its agent, or by law.
5. A statement by you that under penalty of perjury the information in your notice is accurate and that you are the copyright owner, intellectual property rights owner, or are authorized to act on the owner’s behalf.
6. Your electronic or physical signature.
Empraxis may request additional information from you before removing any infringing material and may provide the alleged infringing party with your e-mail address so that person can respond to your allegations.
Pursuant to Title 17, United States Code, Section 512(2), notifications of claimed copyright infringement should be sent to Empraxis’ Designated Copyright Agent listed below.
ALL INQUIRES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Empraxis Designated Copyright Agent:
PO Box 5987
Bremerton, WA 98312
Last updated February 5, 2021