Legal
Privacy Policy
Personal Information
We will not keep personal identification information from you unless you have clearly specified that you would like to receive promotional offers, etc. In this case, Empire Labs, Inc, and any service providers acting on our behalf, may use your personal identification information for activities explained in this policy, for internal and marketing purposes, or when a mailing list is made available to carefully screened companies whose products or services may interest Empire Labs customers.
We will always explain its use when we ask for personal identification information, either at the time we ask for the information or in this policy. If you do not want this information to be collected or used by us for these purposes, you can simply opt out at any time. This may prevent your participation in activities for which personal information is needed, such as contests.
With respect to transactions in this website...
We will use the personal identification information that you supply us (such as name, billing address, shipping address, email address, telephone number, credit card number and expiration date) to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations, and to provide customer service. This information will NOT be used to contact you about sales and special offers, unless you have opted to receive these types of promotional communications from us.
There are several ways in which you can tell us whether or not you want to receive promotional communications from us. When you place an order through this website, you will have an opportunity to make or change your selections in this regard. You also will have an opportunity to change these selections by clicking on an "unsubscribe" hyperlink contained in promotional emails we send you.
All transactions are performed using Internet grade SSL encryption, protecting all your personal information.
Collection and Use of Information about Children
Because Empire Labs websites are intended for use by adults, we do not sell or ship any items ordered directly to anyone who we know to be under the age of 18, nor do we collect any personal identification information through our websites from anyone who we know to be under the age of 18. If you are under the age of 18, you are not allowed to view this website and should not submit any personal identification information to us.
Sharing of Information Related to Transactions
We and our service providers engage third parties to perform services in connection with Empire Lbas websites. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Web site operation and evaluation, data analysis and, where applicable, data cleansing. We and our service providers provide personal identification information to these third parties, but we authorize them to use this information only in connection with the services they perform.
We or our service providers may release personal identification information if we believe in good faith that: the law or legal process requires it, we have received a valid administrative request from a law enforcement agency, or such release is necessary to protect anyone's rights, property or safety.
To make sure that this site stays safe and fun, we make the following promises...
- In almost all activities, the information we collect is non-personal (such as first name, age, city and state). If you enter a contest, send us a question or send an electronic postcard, we will also ask for an e-mail address.
- If you submit stories, artwork, comments or anything else to us which is posted on our site, you will be identified on our site only by first name and your city and state.
- If you send us an e-mail with a question or comment, or enter one of our contests, we will write back using your e-mail address, but we will not keep the address or use it again.
- No one will be excluded from our site for not giving us personal information. When we do ask for personal information (like an e-mail address), we will only keep it until that particular activity is complete. We will not share this information with a third party except as otherwise provided in this policy.
- Your use of this site is conditioned on your having accepted these terms. You should check back to this policy frequently, since it is subject to change from time to time, and your continued use of the site is conditioned upon your acceptance of any modifications hereto.
If you have any comments or questions, we're happy to hear them. Do drop us a note on our contact page. You may also contact us at PO Box 3062, Portland OR 97208
Copyright Policy
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Empire Labs web site located at www.cloneawilly.com, and all associated sites linked to www.cloneawilly.com by Empire Labs, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Empire laboratories, Inc. (“Empire Labs ”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Empire Labs reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Empire Labs grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Empire Labs, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Empire Labs' express prior written consent.
You may use information on Empire Labs products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Empire Labs for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) make no modifications to any such information, and (3) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Empire Labs reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Empire Labs server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Empire Labs, including any Empire Labs account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Empire Labs systems or networks, or any systems or networks connected to the Site or to Empire Labs.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Empire Labs on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Empire Labs or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Empire Labs' obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Empire Labs may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Empire Labs makes no commitment to update the materials on the Site with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an Empire Labs Promotion Code). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Empire Labs immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Empire Labs or any other user of or visitor to the Site due to someone else using your Empire Labs Promotion Code, password or account.
You may not use anyone else's Empire Labs Promotion Code, password or account at any time without the express permission and consent of the holder of that Empire Labs Promotion Code, password or account. Empire Labs cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
Empire Labs' Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Empire Labs' Privacy Policy, click here . Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the Empire Labs Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Empire Labs' control, and Empire Labs is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
EMPIRE LABS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EMPIRE LABS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EMPIRE LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMPIRE LABS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY EMPIRE LABS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EMPIRE LABS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Empire Labs reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Empire Labs be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Empire Labs has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Empire Labs is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Empire Labs' liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Empire Labs (but not including the purchase price for any Empire Labs products), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Empire Labs, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Empire Labs by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Empire Labs may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Empire Labs' rights or property, or the rights or property of visitors to or users of the Site, including Empire Labs' customers. Empire Labs reserves the right at all times to disclose any information that Empire Labs deems necessary to comply with any applicable law, regulation, legal process or governmental request. Empire Labs also may disclose your information when Empire Labs determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Empire Labs may preserve any transmittal or communication by you with Empire Labs through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Empire Labs determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Empire Labs, its employees, users of or visitors to the Site, and the public.
You agree that Empire Labs may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Empire Labs, for which monetary damages would be inadequate, and you consent to Empire Labs obtaining any injunctive or equitable relief that Empire Labs deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Empire Labs may have at law or in equity.
You agree that Empire Labs may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Empire Labs does take any legal action against you as a result of your violation of these Terms of Use, Empire Labs 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 Labs. You agree that Empire Labs will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Oregon without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Multnomah, Oregon, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Empire Labs and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Empire Labs administers and operates the www.cloneawilly.com Site from its location in Portland, Oregon USA; other Empire Labs sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Empire Labs 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 the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Empire Labs with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Empire Labs with respect to such use are hereby superseded and cancelled. Empire Labs will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Empire Labs' failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Empire Labs of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Empire Labs and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Empire Labs shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice.
Copyright © 2007 Empire Labs, Inc. All rights reserved. | Empire Labs, Inc., P.O. Box 3062 , Portland, OR 97208, USA
Adult Content Policy
P18 U.S.C. Section 2257 Compliance Notice
This web site fully complies with 18 U.S.C. 2257 and the regulations promulgated thereunder.
All persons appearing in any visual depiction of actual sexually explicit conduct (as that term is defined in 18 U.S.C. 2256) appearing or otherwise contained in this web site were at least eighteen years old at the time of the creation of such depictions.
All other visual depictions displayed on this web site are exempt from the record keeping requirements of 18 U.S.C. 2257 because those visual depictions do not consist of depictions of "sexually explicit conduct" as defined by 18 U.S.C. 2256, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
The owners and operators of this website are not the primary or secondary producer (as those terms are defined in 28 C.F.R. 75.1(c)(2)) of any of the visual content contained in this web site. The operators of this web site rely on the plain language of the statute and on the well-reasoned decision of the United States Court of Appeals for the Tenth Circuit in Sundance Associates, Inc. v. Reno, 139 F.3d 804, 808 (10th Cir 1998). This case held, inter alia, that entities having no role in the "hiring, contracting for, managing, or otherwise arranging for the participation" of the models or performers, are exempt from the record-keeping requirements of 18 U.S.C. 2257
Amazon Warranty
We are aware of NON-AUTHORIZED parties selling COUNTERFEIT EMPIRE LABS, INC. products on Amazon and eBay. We are alerting our valued customers, retailers and distributors that we are aware of this issue and actively working to resolve it.
Please note that EMPIRE LABS, INC. will NOT honor our 60 Day Money Back Guarantee for any products sold on Amazon or eBay by Non-Authorized Retailers. We recommend that you use caution in buying products from Non-Authorized resellers as some of these products may cause permanent damage to your health.