Terms of Service & Conditions of Sale

The “Services” may include consulting, marketing strategy, advertising support, lead generation, customer relationship management systems, automation, appointment setting, inbound receptionist services, database reactivation, follow-up systems, reporting, coaching, masterminding, training, workshops, webinars, digital content, ebooks, videos, audio, manuals, templates, software access, self-study programs, and other products or services identified in the applicable Order Form.

The applicable Order Form controls the specific scope, term, fees, deliverables, performance commitments, and other commercial details. If an Order Form expressly conflicts with this Agreement, the Order Form will control only as to that conflict.

You agree to provide timely, accurate, and complete information, approvals, access, credentials, brand materials, offers, schedules, compliance disclosures, and other cooperation reasonably required for the Services. You remain responsible for your business decisions, sales process, pricing, fulfillment, licenses, insurance, customer relationships, and compliance with laws applicable to your business.

• Use the Services only for lawful business purposes.
• Review and approve advertising, communications, workflows, offers, and customer-facing materials before deployment when approval is requested.
• Maintain adequate staffing and availability to respond to qualified prospects and fulfill booked appointments.
• Provide accurate service-area, eligibility, pricing, and qualification criteria.
• Promptly notify us of material changes affecting campaigns, offers, systems, or compliance.

Delays, incomplete information, platform restrictions, market conditions, insufficient budgets, failure to follow up, or other matters outside our reasonable control may affect timelines and results.

You may not share protected links, login credentials, passwords, call-in numbers, course materials, or restricted platform access with unauthorized persons. You are responsible for activity occurring through your accounts and for maintaining the confidentiality of your credentials. Notify us promptly at lamar@empirerevenuesystems.com if you suspect unauthorized access.

Fees and payment terms are stated in the applicable Order Form. You authorize us and our payment processors to charge the payment method provided according to that schedule. You agree not to initiate a chargeback or payment reversal for a valid charge without first giving us a reasonable opportunity to resolve the issue. Nothing in this provision limits rights that cannot lawfully be waived.

You are responsible for overdraft charges, over-limit charges, nonsufficient funds fees, processor fees, taxes, and similar charges imposed by third parties. Missed or declined payments may result in suspension or termination of the Services. Unless prohibited by law, unpaid amounts may accrue interest at the lesser of two percent per month or the maximum lawful rate.

If you dispute an invoice or charge in good faith, you must notify us in writing within sixty days after the charge and pay any undisputed amount when due. We will have thirty days after receiving sufficient information to investigate and correct any confirmed billing error. If a payment default remains uncured for thirty days, we may cancel the Services and declare remaining committed amounts due to the extent permitted by the Order Form and applicable law.

Except where an Order Form expressly states otherwise or applicable law requires otherwise, all payments are final and nonrefundable. Your failure to access, participate in, or use the Services does not cancel your payment obligations or create a right to a refund.

This Agreement begins when you first accept it or use the Services and continues for the term stated in the applicable Order Form. Renewal terms, if any, will be stated in the Order Form. We may suspend access for overdue payments, security concerns, suspected unlawful activity, abuse of the Services, or material breach. Suspension does not waive amounts already due.

Upon termination, your right to use Company materials, systems, portals, and other protected resources ends, except for rights that expressly survive. Sections concerning payment, confidentiality, intellectual property, disclaimers, liability, indemnity, dispute resolution, and other provisions intended by their nature to survive will remain in effect.

If your Order Form includes a membership, you may request one pause during the contracted term for no more than thirty days. A pause is effective only if agreed to in writing by both parties. Unless otherwise agreed in writing, scheduled fees will continue during the pause and the service term will be extended by the approved pause period. Portal access and existing materials may remain available, but live calls, one-to-one coaching, group coaching, campaign management, or other active delivery may be suspended during the pause.

Unless a specific written guarantee appears in an Order Form signed by an authorized Company officer, we do not guarantee any particular number of leads, qualified prospects, appointments, sales, customers, revenue, profit, return on investment, or other outcome. Examples, projections, case studies, testimonials, and prior results are illustrative and do not promise future performance.

Results depend on many factors outside our control, including your offer, market, service area, pricing, reputation, sales ability, response speed, staffing, budget, implementation, competition, platform performance, economic conditions, and customer behavior. You are solely responsible for your business decisions and results. We do not provide legal, medical, psychological, tax, accounting, investment, or financial advice.

The Empire Revenue Systems website and associated portals are provided for lawful use. You may not interfere with security, attempt unauthorized access, scrape or harvest data without permission, introduce malicious code, reverse engineer protected systems, impersonate another person, violate another party’s rights, or use the website or Services in a way that violates applicable law.

We may modify, suspend, restrict, or discontinue any website feature or access when reasonably necessary. Links to third-party websites are provided for convenience and do not constitute endorsement. We are not responsible for third-party content, terms, security, availability, or privacy practices.

“Company Intellectual Property” includes our trademarks, service marks, trade names, logos, goodwill, patents, inventions, software, automations, workflows, databases, training materials, marketing materials, presentations, seminars, recordings, templates, methods, trade secrets, copyrights, domain names, know-how, documentation, and other proprietary content, whether registered or unregistered.

Except for the limited right to use deliverables expressly granted in an Order Form, we retain all right, title, and interest in the Services and Company Intellectual Property. No license is granted by implication, estoppel, or otherwise. You may not copy, reproduce, modify, republish, upload, distribute, sell, sublicense, create derivative works from, publicly display, remove proprietary notices from, or commercially exploit Company Intellectual Property without our prior written permission.

You may download or print one copy of materials made available for your internal, noncommercial use, provided all proprietary notices remain intact and the applicable Order Form does not prohibit such use.

You retain ownership of content, trademarks, customer data, photographs, videos, and other materials you provide (“Client Materials”). You represent that you have all rights and permissions needed for us to use the Client Materials. You grant us a nonexclusive, worldwide, royalty-free license during the term to host, reproduce, modify, transmit, display, and otherwise use Client Materials solely as reasonably necessary to provide, support, secure, and improve the Services.

If you separately provide written, recorded, or electronic permission for a testimonial, case study, recording, or publicity use, you authorize us to use the approved name, business name, statements, voice, photograph, likeness, and recordings for the purposes described in that permission. Unless expressly stated in a signed release, participation in the Services alone does not require you to endorse the Company. You may request that we stop future use of an approved testimonial by contacting us, although previously published or distributed materials may remain in circulation where withdrawal is not reasonably practicable.

The Services may rely on third-party advertising platforms, communications providers, payment processors, hosting providers, scheduling systems, customer relationship management software, analytics tools, and other vendors. Those services are governed by their own terms and privacy policies. We do not control and are not responsible for third-party outages, policy changes, account restrictions, data practices, errors, or performance. You are responsible for complying with third-party platform rules applicable to your accounts and content.

Program Description and Consent

When you expressly opt in, Empire Revenue Systems may send text messages related to requested services, inquiries, appointments, account activity, support, reminders, updates, and, only when separately authorized, marketing or promotional offers. Consent records may include the telephone number, date, time, source, disclosure presented, and other evidence of consent. Consent to receive marketing calls or text messages is not a condition of purchasing any property, goods, or services.

Message Frequency and Charges

Message frequency varies based on your interactions, appointments, account activity, and communication preferences. Message and data rates may apply. Contact your wireless carrier with questions about your plan. Carriers are not liable for delayed or undelivered messages.

Opt Out and Revocation

You may opt out at any time by replying STOP. We may send one final, nonmarketing confirmation message. You may also communicate a clear request to revoke consent through any other reasonable method, including contacting us at lamar@empirerevenuesystems.com. We will process revocation requests as required by applicable law. To resume messages after opting out, you must provide consent again.

Help and Support

Reply HELP for assistance or contact lamar@empirerevenuesystems.com. If two-way text messaging is unavailable, the message will provide another reasonable method to request assistance or revoke consent.

Eligibility and Carriers

You must be at least eighteen years old and the authorized user of the telephone number provided. The program is intended to work with major U.S. wireless carriers and many regional carriers, but availability is not guaranteed.

SMS Data Protection

We do not sell, rent, or share text messaging originator opt-in data, consent records, or mobile information with third parties or affiliates for their own marketing or promotional purposes. We may disclose such information to messaging aggregators, communications providers, and support vendors solely as necessary to provide the text messaging service, maintain security, prevent fraud, or comply with law. Those providers are required to handle the information for the permitted service purpose.

Our messaging practices are intended to comply with the Telephone Consumer Protection Act, applicable Federal Communications Commission rules, applicable Florida law, and recognized carrier requirements. See our Privacy Policy at https://empirerevenuesystems.com/privacy-policy for additional information.

You may receive transactional or relationship communications concerning purchases, appointments, accounts, security, support, and delivery of the Services. Where permitted and when required consent has been obtained, you may also receive marketing communications by email or other channels. Commercial email will use accurate sender information and nondeceptive subject lines, identify advertising when required, include legally required business contact information, and provide a clear method to unsubscribe from future marketing messages. We will honor valid opt-out requests as required by applicable law. Opting out of marketing does not prevent transactional or service-related communications that are necessary to administer an existing relationship.

Our Privacy Policy describes our collection, use, disclosure, retention, and protection of personal information. Depending on your interactions, we may collect:

• Contact and identity information, such as name, email address, telephone number, physical address, and business information.
• Payment and transaction information processed through authorized payment providers.
• Consent records, communication preferences, inquiries, service requests, appointment details, support records, and feedback.
• Device, browser, Internet Protocol address, cookie, analytics, and website usage information.

We may use information to provide and improve Services, process transactions, communicate with you, administer appointments and accounts, personalize experiences, measure performance, maintain consent records, secure systems, prevent fraud, comply with law, and protect legal rights.

We do not sell or rent personal information. We may share information with service providers that support payment processing, hosting, analytics, scheduling, customer support, communications, security, and similar operational functions; with authorities when legally required; or in connection with a merger, acquisition, financing, reorganization, or sale of assets, subject to applicable protections. Text messaging opt-in data is subject to the additional restrictions stated in Section 14.

We use reasonable administrative, technical, and physical safeguards designed to protect personal information, including access controls and appropriate security practices. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

Our website may use cookies and similar technologies to operate the site, remember preferences, understand usage, improve functionality, and measure performance. You may control cookies through browser or device settings, although disabling them may affect site features.

Subject to applicable law, you may request access to, correction of, or deletion of personal information; withdraw consent for future communications; unsubscribe from marketing email; or opt out of SMS messages. Submit privacy requests to lamar@empirerevenuesystems.com. We may verify your identity before completing a request.

Certain Services may require an account. You agree to provide accurate, current, and complete registration information and to keep it updated. You are responsible for safeguarding credentials and for activity under your account. We are not liable for loss resulting from your failure to maintain account security.

If the website links to products or services sold by third parties, your transaction with that third party is governed by the third party’s terms. Payment and other information may be collected by both the merchant and us, depending on the transaction. We are not responsible for third-party products, services, representations, performance, delivery, or disputes.

To the maximum extent permitted by law, the website, products, services, information, and materials are provided “as is” and “as available.” Except for an express written warranty in an applicable Order Form, Empire Revenue Systems disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and results. No oral or written information or advice creates a warranty not expressly stated in writing.

To the maximum extent permitted by law, neither party will be liable to the other for lost profits, lost revenue, lost data, loss of goodwill, business interruption, or any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to this Agreement, even if advised of the possibility of such damages. To the maximum extent permitted by law, Empire Revenue Systems’ total aggregate liability arising out of or related to this Agreement will not exceed the greater of one thousand dollars or the amount you paid to Empire Revenue Systems under the applicable Order Form during the three months immediately preceding the event giving rise to the claim. These limitations do not apply to liability that cannot lawfully be limited or excluded.

You agree to defend, indemnify, and hold harmless Empire Revenue Systems and its affiliates, officers, directors, employees, contractors, agents, successors, and assigns from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising out of or related to your breach of this Agreement, unlawful use of the Services, Client Materials, products or services you provide, violation of third-party rights, or violation of applicable law. We will provide reasonable notice of a covered claim and may participate in its defense with counsel of our choosing.

The parties are independent contracting parties. Nothing in this Agreement creates an employment, agency, partnership, fiduciary, franchise, joint venture, or co-ownership relationship. Neither party may bind the other or make commitments on the other’s behalf without prior written authorization. Each party is responsible for its own personnel, taxes, insurance, licenses, expenses, and legal obligations.

Informal Resolution

Before initiating arbitration, the complaining party must provide written notice describing the dispute and requested relief. Authorized representatives of both parties will attempt in good faith to resolve the dispute informally for thirty days after receipt of the notice, unless the parties agree to a longer period.

Binding Arbitration

If the dispute is not resolved informally, any claim arising out of or relating to this Agreement, an Order Form, the Services, or the parties’ relationship will be resolved exclusively by binding arbitration administered by the American Arbitration Association under its applicable Commercial Arbitration Rules, unless applicable law requires a different procedure. A single arbitrator will conduct the proceeding in the federal judicial district that includes Volusia County, Florida, unless the parties agree otherwise. Judgment on the award may be entered in any court having jurisdiction.

Individual Proceedings and Jury Waiver

Arbitration replaces the right to go to court before a judge or jury. Claims must be brought only in an individual capacity and not as a plaintiff or class member in a class, collective, consolidated, private attorney general, or representative action. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s claim.

Nothing in this section prevents either party from seeking temporary or provisional injunctive relief from a court of competent jurisdiction to protect intellectual property, confidential information, security, or property interests pending arbitration, or from using bankruptcy remedies or filing an eligible claim in small claims court.

Unless the arbitrator determines otherwise under applicable rules or law, the prevailing party may recover reasonable attorneys’ fees and arbitration costs to the extent permitted by law. If any portion of the class action waiver is found unenforceable for a particular claim, that claim will proceed in court and the remaining arbitrable claims will remain in arbitration.

This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent federal law controls. For any dispute not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in or serving Volusia County, Florida.

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, severe weather, fire, flood, war, terrorism, labor disputes, epidemics, government action, utility or Internet outages, carrier failures, platform outages, cyberattacks, or failures of suppliers. The affected party’s time to perform will be extended for the period of the delay. Force majeure does not excuse payment obligations for Services already delivered or amounts otherwise due. If the event continues for more than thirty days and materially prevents performance, either party may terminate the affected Services upon written notice.

You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement to an affiliate or in connection with a merger, acquisition, reorganization, financing, or sale of all or substantially all relevant assets. Any prohibited assignment is void. This Agreement is for the benefit of the parties and their permitted successors and assigns and does not create rights for any other person or entity.

A party’s failure to enforce any provision is not a waiver of that provision or any later breach. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. This Agreement will be interpreted according to the plain meaning of its terms and without a presumption against the drafting party.

We may update website-use, messaging, privacy, and other generally applicable portions of this Agreement by posting a revised version with a new effective date. Changes will apply prospectively. Material changes to committed fees, deliverables, or the fixed term of an accepted Order Form require written agreement unless the Order Form expressly provides otherwise. Your continued use of the website or Services after an applicable posted update becomes effective constitutes acceptance to the extent permitted by law.

This Agreement, the Privacy Policy, and each applicable Order Form constitute the entire agreement concerning the Services and supersede prior or contemporaneous communications on the same subject. Additional terms presented for a particular Service will form part of the Agreement when accepted. Except as stated in Section 29, amendments must be in writing and accepted by authorized representatives of both parties. Electronic signatures, checkbox acceptance, digital approvals, and electronically stored records have the same effect as original signatures and paper records to the extent permitted by law. Headings are for convenience only. “Including” means “including without limitation.”