Employers and their agent(s) are not permitted to use Employee Empowerment. EMPLOYEE EMPOWERMENT IS FOR NON-COMMERCIAL USE ONLY.
The terms "we" and "us" refer to:
- Employee Empowerment, a volunteer organization with offices at 48 Lunenburg St, Suite 2, Fitchburg, MA, USA, in all other respects.
Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Eligibility to Use Employee Empowerment:
- To access or use Employee Empowerment, you must be at least 13 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use Employee Empowerment. Except as set forth above, or as otherwise approved by us, Employee Empowerment is for personal, non-commercial use. You may not use Employee Empowerment if we have terminated your account or banned you.
- Employee Empowerment Account. In order for you to create a Employee Empowerment account, we require that you provide a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be deleted. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by Employee Empowerment at any time. When you set up an individual user account on Employee Empowerment, we create a member profile (a "Profile") for you that will include personal information you provide. You may permit us to share information in your Profile with other users. Because your anonymity on Employee Empowerment is important, your Profile is only accessible to you and vetted volunteers of Employee Empowerment.
- Social Sign Up and Sign In. You may be able to register an account and subsequently access Employee Empowerment through a social networking site, such as LinkedIn ("Social Networking Site"). If you access Employee Empowerment through a Social Networking Site you agree that we may access, make available through Employee Empowerment, and store (if applicable) any profile information that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through Employee Empowerment via your account and your Profile page. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
Using Employee Empowerment:
- Third-Party Content on Employee Empowerment. Content from other users is made available to you through Employee Empowerment. "Content" means any work of authorship or information, including salaries, reviews, text, files, images, photos, works of authorship, e-mail, data or other materials you find on Employee Empowerment. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, or the employer, interview and salary-related information provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, and third parties.
In accordance with
Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on Employee Empowerment.
We allow users to post content about employers when they have been employed by the employer as a full-time, part-time, contractor, freelancer, independent employee, or provide work that is an integral part of the employer's value chain. We consider all workers in these roles as 'employees' with regard to Content left on Employee Empowerment. It does not violate our Code of Conduct or these Terms for a worker in any one of these roles to leave a review as an "employee."
- House Rules. You represent and warrant that you will use Employee Empowerment solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on Employee Empowerment ("Your Content"). You agree that by submitting or authorizing Your Content for use on Employee Empowerment, you have reviewed and understood our
Code of Conduct
. You understand that you may expose yourself to liability if Your Content or other use of Employee Empowerment violates applicable law or any third-party right.
You agree that you will not:
- Impersonate another person, or their email address, or misrepresent your current or former affiliation with an employer;
- Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company
- Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
- Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Code of Conduct, or any applicable law, rule or regulation;
- Post comment that is spam, adverts or promotion of any organization or company.
- If You are a company, use Employee Empowerment for the purpose of researching your employees or for the purpose of retaliating against your Workforce.
- Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
- Act in a manner that is harassing, threatening, abusive, sexist, homophobic, transphobic, ablist, ageist, racist or bigoted, is otherwise objectionable (as determined by Employee Empowerment);
- Promote, endorse or further illegal activities (including acts of violence);
- Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
- Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
- Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
- Solicit personally identifying information from minors;
- Use Employee Empowerment for commercial activities and/or promotions such as contests, sales, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
- Imply a Employee Empowerment endorsement or partnership of any kind without our express written permission;
- Introduce software or automated agents to Employee Empowerment, or access Employee Empowerment so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Employee Empowerment without our express written permission;
- "Frame" or "mirror" or otherwise incorporate part of Employee Empowerment into any website, or "deep-link" to any portion of Employee Empowerment without our express written permission.
- Sell, resell, rent, lease, loan, trade or otherwise monetize access to Employee Empowerment or any Content (excluding Your Content) without our express written permission;
- Interfere with, disrupt, or modify any data or functionality of Employee Empowerment;
- Interfere with, disrupt, or create an undue burden on Employee Empowerment;
- Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Employee Empowerment; or Attempt to circumvent any security feature of Employee Empowerment;
- Links to Third-Party Websites. Employee Empowerment may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Employee Empowerment, our terms and policies do not govern your use of third-party websites.
- Special Provisions Applicable To Employers
- You may not coerce employees to leave reviews. Coercion includes asking employees to provide proof to an employer that they wrote a review whether or not that proof includes the content of the review itself.
- You do not access Employee Empowerment.
- You do not create a user on Employee Empowerment.
- Enforcement by Employee Empowerment
- Removal of Content. While Employee Empowerment has no obligation to do so, Employee Empowerment reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Employee Empowerment (including our
Code of Conduct), or that we deem, in our sole discretion, inappropriate. If you see any Content on Employee Empowerment that you believe violates our policies, you may report that Content by
contacting us here
. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
- Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from Employee Empowerment; suspending your rights to use Employee Empowerment; deleting your account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
- Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.
- Rights to Your Content
We do not claim ownership in any Content that you submit or authorize for use to Employee Empowerment, but you grant us the rights to use such Content as set forth below. By submitting or authorizing us to display any Content on Employee Empowerment, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Employee Empowerment's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve Employee Empowerment and to make Content submitted to or through Employee Empowerment available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through Employee Empowerment. You should only submit Content to Employee Empowerment that you are comfortable sharing with others under the terms and conditions of these Terms.
- Rights to Employee Empowerment Content
Employee Empowerment contains Content provided by us and our licensors. We and our licensors (ie: other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Employee Empowerment owns and retains all property rights in Employee Empowerment. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Employee Empowerment solely for your personal use in connection with using Employee Empowerment. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Employee Empowerment. The trademarks, logos and service marks ("Marks") displayed on Employee Empowerment are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, volunteers, partners, agents successors and assigns (collectively, the "Employee Empowerment Team") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of Employee Empowerment, including due to or arising from your breach of any provision of these Terms.
- Limitation on Liability
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMPLOYEE EMPOWERMENT (OR ANY AGENT, CONTRACTOR, PARTNER, STAKEHOLDER OR AFFILIATE) BE LIABLE TO FOR ANY INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, INCIDENTAL, SPECIAL PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EMPLOYEE EMPOWERMENT’S TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF $100 OR THE MINIMUM ALLOWED BY LAW, WHICHEVER GREATER.
Any emails or email notifications corresponding with any activity on Employee Empowerment, or any other communications service, product, or feature provided on or through Employee Empowerment, are provided solely as a courtesy. Employee Empowerment disclaims all warranties with regard to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
You are solely responsible for your interactions with other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any user of Employee Empowerment. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on Employee Empowerment, whether caused by users or by any of the equipment or programming associated with or utilized in Employee Empowerment. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Employee Empowerment or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with Employee Empowerment. Under no circumstances shall we be responsible for any loss or damage resulting from the use of Employee Empowerment or from any Content posted on Employee Empowerment or transmitted to users, or any interactions between users of Employee Empowerment, whether online or offline.
Employee Empowerment is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Employee Empowerment will meet your requirements; (2) Employee Empowerment will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Employee Empowerment will be accurate or reliable.
You hereby release the Employee Empowerment Team from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: the actions, Content, or data of third parties (including other users).
These Terms remain in effect while you use Employee Empowerment and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Employee Empowerment, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of Employee Empowerment. For the avoidance of doubt, you agree that these Terms apply to your use of Employee Empowerment and any Content posted on Employee Empowerment at any time prior to the termination or expiration of these Terms.
- Changes to Terms
We may revise these Terms from time to time by posting an updated version on Employee Empowerment. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of Employee Empowerment is subject to the most current effective version of these Terms.
- Third-Party Discovery
You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from Employee Empowerment. If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid Massachusetts subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in Massachusetts at Employee Empowerment, 48 Lunenburg St, Suite #2, Fitchburg, MA 01420. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the state courts located within Worcester County, Massachusetts or the federal courts in the District of Massachusetts, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
- Dispute Resolution
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND EMPLOYEE EMPOWERMENT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND EMPLOYEE EMPOWERMENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
- Governing Law. These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of Employee Empowerment, shall be governed by the laws of the State of Massachusetts without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. For any claim, dispute, or other legal proceeding not subject to the "Agreement to Arbitrate" provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Worcester County, Massachusetts or the federal courts in the District of Massachusetts, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
- Agreement to Arbitrate. You and Employee Empowerment each agree that any and all disputes between users of Employee Empowerment and Employee Empowerment arising under or related in any way to these Terms and such users' use of Employee Empowerment must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution" section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.
Informal Dispute Resolution. If either party intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to Employee Empowerment should be sent to the Litigation Department, Employee Empowerment, 48 Lunenburg St, Suite #2, Fitchburg, MA 01420. If you have an account on Employee Empowerment, notice will be sent to the email address associated with your account. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Employee Empowerment and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Employee Empowerment's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."
Please contact us with any questions regarding these Terms by
contacting us here.