This Acceptable Use Policy (“AUP”) addresses requirements applicable to Client’s use of Empower Group Care’s products, solutions and services (“EGC Solutions”).
Client will not, and will not allow or authorize its users to, use EGC Solutions to take any actions that (i) infringe on or dilute any Empower Group Care (“EGC”) or third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, libelous, trade libelous, threatening, harassing, or obscene; (iv) interfere with or disrupt any EGC services or equipment or cause excessive or disproportionate load on EGC or its licensors or suppliers’ infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) encourage conduct that violates any applicable local, state, national or international laws or regulations; or (vii) involve the unauthorized entry to any machine accessed via EGC Solutions. If Client violates any portion of this AUP, Client accepts sole responsibility for all remedial actions and costs related to such violation, including compliance efforts and costs associated with statutory obligations or government investigations.
EGC is a cloud-based software solution and provides related services. Client is responsible for and provides information and content. Client accepts sole responsibility for information and content collected, stored in or transmitted by EGC Solutions on behalf of Client or its end users. Client controls and approves all aspects of its communications and all content. If Client acquires content from third parties for republication, Client is solely responsible for ensuring it complies with any legal and licensing requirements associated with such content. Client acknowledges that EGC exercises no control over the content and information passing through the EGC Solutions, and that EGC assumes no responsibility for Client’s content.
EGC Solutions contain designated encryption functionality for the collection and storage of credit cards, bank cards and account numbers and individual identification numbers issued by government agencies and financial institutions including, but not limited to, social security numbers, and Lawful Permanent Residents (LPR). Client shall not use EGC Solutions to collect and store such information in sections without privacy and encryption within EGC Solutions.
Client agrees to follow all email policies from our third party email marketing provider, Sendgrid, located at https://sendgrid.com/policies/email/.
EGC reserves the right to suspend the provision of EGC Solutions or take other appropriate remedial action to address actual or suspected violations of the AUP. EGC will use reasonable efforts to notify Client and provide an opportunity to correct before taking any such action, if practicable and if permitted by law. Client will cooperate with EGC in investigating complaints about potential violations and in taking any corrective action that EGC deems necessary to address such violations. EGC reserves the right to remove any Client content from EGC Solutions that EGC determines, at its discretion, may be illegal, tortious, or infringing on the rights of any third party. If Client becomes aware of any activity that violates this AUP, Client shall promptly notify EGC of any violations and Client shall take all necessary action to cease such violation by correcting or removing the violation. Violations or suspected violations of this AUP shall be immediately reported to EGCViolation@Empowergroupcare.com.
Client acknowledges that EGC is a “service provider” as defined in 17 USC § 512(k)(1), is subject to the Digital Millennium Copyright Act (“DMCA”),and has the responsibilities of a service provider under the DMCA. Client is solely responsible for ensuring that Client data and internet content and its provision of same to EGC complies at all times with all applicable laws and regulations.
EGC reserves the right to modify this AUP at any time, effective upon posting a revised copy to the EGC website at www.empowergroupcare.com.
Last updated July 1, 2020