Opening a new business can be a path to living a dream of financial freedom and abundance, beyond what could be possible while being employed by another person or entity. And it also involves great personal and financial risks. One in three businesses close their doors within the first 2 years, which is often an extremely difficult period with great time, effort, and money invested, while seeing little, if any, return. Financial risks may include up to the total loss of the entrepreneur's assets and the opportunity costs of the enormous time investment that is lost with a business when it fails. Personal risks include burnout, and issues that can result from significant failures, the social ramifications of the losses, and the self-perception issues that may result from the loss, as may relate to loss of dignity, status, and the former sense of security, and the entrepreneur’s (lack of) support and overall resilience to such things.
Entrepreneurialism is inherently unsafe, and that is one of the reasons for which entrepreneurs should be celebrated. They are very courageous, and are the ones who are responsible for a large part of the success of an economy, and the international influence that a nation enjoys. EmpireURL wholeheartedly wishes the best to all entrepreneurs, and provides free information that could give direction to businesses in their research and allow them to arrive at new, productive opportunities. And while our efforts seek to promote the success of entrepreneurs, our hearts cheer for their success when they achieve it. We hold them in a special place of dignity and respect.
At the same time, when there is business failure, which is unfortunately significantly often, there is a tendency to blame others and attempt to make them responsible in courts of law, to mitigate, or even recover from the fall by forcing those who were involved in helping to take the burden of responsibility for the failure in the entrepreneur’s stead. These TERMS AND CONDITIONS are aimed at protecting EmpireURL from being adversely affected, when the bitterness of failure of an entrepreneur who is reluctant to admit responsibility for the failure of their enterprise and the losses inherent to the situation, and who feels no debt of loyalty or gratitude towards EmpireURL, might be tempted to aim their destructive emotions towards EmpireURL.
In the simplest way. If you are interested in being an entrepreneur, we applaud your courage and wish you the very best of success. If you want to find interesting ideas regarding naming, and marketing concepts in good faith, we are glad to have you in our site. Please read, enjoy, share, and contact us with any comment, concerns, or questions you may have. We welcome you into the confidence of our inner circle and will do our best to help you in your quest to conquer the great dream of achieving success in your business. It is our great honor and privilege to participate with you in this exciting time. But if you are interested in blaming, destroying, being unethical, suing, or attempting to discredit our good intentions, or if you wish to make us responsible for your business failure should it happen, we ask that you please leave. It is an unreasonable demand, and we will never agree to tolerate abuse, or agree to anything that will make us responsible for anyone else's failure. Having said that, here is the legal jargon.
Nobody is perfect, and the people within EMPIREURL, can and do make mistakes. EMPIREURL does NOT make any guarantee of accuracy, or warranty for inaccuracy, and agrees to provide no remedy, whatsoever, regarding ANYTHING within the CONTENT of the PROPERTIES. Importantly, but not limited to:
- To the best of the abilities of EMPIREURL, everything in this site, has been reviewed and approved by no less than one professional with formal education (BSBA or above) in Marketing. Our founder graduated Magna Cum Laude and tied the concentration GPA of the Valedictorian of the concentration of Marketing, was VicePresident of the American Marketing Association charter in his University, has participated in marketing of Special Olymipcs events, and consulted in the marketing strategies of dozens of leading manufacturing companies, been an entrepreneur involved in no less than 5 startups, and discussed purchase priorities, brand sentiments, use needs, and objections of over 50 thousand decision makers in his extensive marketing experience. And even that fact is only to be construed as an intent to deliver high quality CONTENT, not a guarantee of accurate CONTENT.
- To the best of the abilities of EMPIREURL, all the ideas communicated are believed accurate, and are not just an attempt to influence a purchase. There are no deliberate lies to the knowledge of EMPIREURL in the CONTENT of the PROPERTIES. And that fact is to be considered an intent of truthfulness, not a guarantee that the CONTENT is always correct.
- To the best of the abilities of EMPIREURL, research of the information provided in the CONTENT is performed ethically. Meaning, there is sincerity in the interpretation and analysis of the information. There is awareness of the business bias inherent to the research objectives, and it is taken into account during the evaluation of research. And it is performed with respect to the confidentiality, privacy, and the dignity of sources. However, research is imperfect and EMPIREURL does NOT guarantee the accuracy of the information that is obtained and does NOT guarantee that the information presented is free from biases.
- EMPIREURL is NOT paid for explicit marketing advice for any specific CUSTOMER purchasing a PRODUCT from EMPIREURL. The transactions are limited to an exchange of the PRODUCT for consideration in the form of payment of the mutually agreed upon price. EMPIREURL does NOT warrant opinions shared in the CONTENT that may be construed as advice.
- A majority of the comments in the CONTENT of EMPIREURL, particularly those regarding marketing, are opinions, not facts, and should never be considered absolute. EMPIREURL rejects the idea of absolute correctness altogether, and does not accept responsibility for any damages that CUSTOMERs, guests, or third parties may incur while implementing ideas shared in any of the comments in the CONTENT of EMPIREURL’s PROPERTIES.
- Human beings are incapable of 100% accuracy. The humans providing their efforts to create the SERVICES and PRODUCTs in the CONTENT of EMPIREURL, try their best under their circumstances, but it is a scientific certainty that there are errors in the CONTENT. Disclosing this fact is an effort to illustrate the impossibility of accuracy, and NOT acceptance of responsibility for any liability regarding the use of the CONTENT and PRODUCTs provided by EMPIREURL.
- Explaining concepts can be challenging, and understanding them can also be challenging. EMPIREURL cannot guarantee that concepts are perfectly explained or received, and therefore cannot guarantee that any concept in the CONTENT of the PROPERTIES of EMPIREURL can be delivered accurately.
You agree that EMPIREURL reserves the right to modify or discontinue provision of any CONTENT, SERVICES and PRODUCTs that may be offered in the PROPERTIES of EMPIREURL, at any time, and for whatever reason, with or without notice, and without any liability towards you. EMPIREURL will not be held responsible or liable for any use of the PRODUCTs and CONTENT, including, but not limited to issues with information deletion, storage, accuracy, delivery, or timeliness.
Truth in Advertising
Every time we provide an example of a business that could do well advertising with a specific claim. That does not mean just putting the words of the claim into an ad. Marketing must be ethical and blended into the entire organization. The business must actually have the substance to back up the claim. Making false claims in advertising is a violation of the Truth In Advertising Act, enforced by the FTC.
Logo Copyrights and Trademark Infringement
We grant the rights of use of our in-house developed logos, slogans, taglines, images, strategic ideas, and other works of an artistic nature, along with the domain name they are associated with (collectively hereinafter “PRODUCT”), to the person or organization that purchases EMPIREURL PRODUCTs, their representatives, assignees, and heirs or other persons or entities granted rights by applicable authority (hereinafter “CUSTOMER”), upon payment for the PRODUCT. However, since many designers may coincide in the result of abstraction of the essence of the same object of their inspiration, we cannot guarantee that no other designer will feel the artwork of a Logo, or branding text, provided by EMPIREURL, is too close to their own, representing an infringement of their trademark, privacy, likeness, or other inappropriate use. EMPIREURL provides no express or implicit guarantee that any PRODUCT is free from defects that may result in such issues arising. There are valid reasons, some of which will be discussed in these TERMS AND CONDITIONS ahead, which explain why the onus of assessing potential trademark infringements and identity misappropriation must rest solely on the CUSTOMER. If there is a problem with the PRODUCT after a purchase, EMPIREURL does NOT accept responsibility over costs and inconveniences the situation and its consequences may cause. EMPIREURL’s liability will be limited to making adjustments, or reasonable efforts to create a new logo or other artwork, at no charge to the CUSTOMER.
Trademarks are granted by the US Patent and Trademark Office. Importantly, and not limited to:
- They can only be applied for, and used, in conjunction with brands and company names that are ACTIVELY marketed. Therefore EMPIREURL cannot own trademarks of domains that are not currently in use, and has no such protection to transfer.
- They are granted by the geography and industry within which they are used. Therefore EMPIREURL does not have the authority to decide or the ability to foresee what protections could be granted for any specific application of a CUSTOMER.
- The manner in which courts perceive and rule the prescriptions for trademark infringement of the protections that have been granted are very nuanced, and can be particularly heavily influenced by comments and behaviors of both the plaintiff and the defendant marketers, as opposed to the qualities of the similarity of their product and artwork in comparison to the trademarked work itself. Since it is the CUSTOMER who will position the product and communicate with the market, EMPIREURL has no control over the nature of the implementation of any PRODUCT once it is in use by a CUSTOMER.
Taking these into account, EMPIREURL cannot provide any warranty whatsoever, regarding the capacity of any PRODUCT to be granted protection, by the US Patent and Trademark Office, or other regulatory agency, nor that any such protection (if granted) will hold up in a court of law. CUSTOMERs are solely responsible for securing and maintaining protection for the name they purchase.
Because of the nature of trademarks and name rights (geographic, industry specific, and nuanced), EMPIREURL cannot guarantee any PRODUCT will be usable for any specific application, even those we may feel is advisable and recommend as suitable for the PRODUCT. It is important that, prior to purchasing and using any PRODUCT (even if it was from a source that was not EMPIREURL), that you get information specific to your personal application, from a qualified legal counselor (initial consultations are often free), and the USPTO Trademark Assistance Center, or similar agency with applicable knowledge and force of law, in foreign markets, as the case may be.
Under no circumstance should anyone make a domain purchase decision (anywhere) based solely on the information in the CONTENT of the PROPERTIES of EMPIREURL. Given the potential inaccuracies, and the fact that the information presented was not created to address specific circumstances, the chance of potential issues applying the information in the CONTENT of the PROPERTIES of EMPIREURL, is significant. All CUSTOMERs are URGED to validate the ideas they feel could be helpful in the CONTENT of the PROPERTIES of EMPIREURL, with the specific professional advice that is relevant to the use of each of the ideas, particularly those ideas that could have significant legal consequences. It is of the utmost importance that all CUSTOMERs do their own research to ensure they have full understanding of the marketing ideas presented and have formulated their own opinion. EMPIREURL will NOT be responsible for ANY of the decisions that CUSTOMERs or any other persons or entities take, and their outcomes and consequences.
Success with a name
Business success of a CUSTOMER depends on many factors beyond the control of EMPIREURL, not just having a good name to promote a brand. Things like target market viability and product viability to that market, are essential, and can change very quickly due to competitive forces, new technology, legislation, shifting consumer preferences, or a myriad of other things. Even with a viable market and product, they must be paired with a good business strategy, based on good information, that is implemented with managerial competence, to source, communicate with the market, and deliver the goods profitably. And this competent plan and structure must be backed by financial competence to provide flexibility for short term unforeseen divergences from plan parameters. As a matter of fact, studies have shown that over 80% of all business failures are due to cash flow issues alone. The name may indeed offer a great opportunity, and certainly be a significant influence that helps to achieve success, but it is the CUSTOMER who must create the successful business. It is unreasonable to think that a name can overcome performance failure in the rest of the business organization, regardless of how amazing a name may be. EMPIREURL provides no warranties of success or any measure of results, whatsoever, with any PRODUCT purchased from EMPIREURL, or the application of any marketing knowledge, comment, or any idea contained in the CONTENT of the PROPERTIES of EMPIREURL.
Your Interaction with EMPIREURL
While interacting with the PROPERTIES of EMPIREURL, you agree to:
- Be truthful in the information that you choose to provide EMPIREURL. In particular, with regard to your ability to conduct business transactions, and the sincerity of the intentions you express.
- Not conduct yourself in any way that could be construed as: harassing; stalking; abusive, threatening, harmful, defamatory, offensive, or designed to interfere with the operation of the EMPIREURL PROPERTIES, or any of the SERVICES provided.
- Not infect any of the EMPIREURL PROPERTIES, or CUSTOMER, guest, or third party devices, applications or assets, with any virus or other destructive or deleterious program.
- Not express opinions in any PROPERTIES of EMPIREURL, that could give rise to civil or criminal liability, or be in violation of any applicable law(s).
- Not misrepresent your association with any person or entity, not forge support for any claim you make or information you provide EMPIREURL, and not impersonate anyone other than yourself.
- Not collect or harvest any information for uses that could be destructive, defamatory, or in any way subtracting to EMPIREURL.
- Not use the PROPERTIES of EMPIREURL to promote or assist to promote any private offering without the express written consent of EMPIREURL.
- Not use any of the CONTENT of the PROPERTIES of EMPIREURL in any commercial manner, or in any manner that could be intrusive or abusive to others, like spam, or automated advertising, without the express written consent of EMPIREURL.
Rights to information you publicly share on EMPIREURL PROPERTIES
When people interact with our CONTENT, we must be allowed to address their interaction in any way we see fit. For instance, if it is a positive comment, we are allowed to reply publicly and share it with our following. If it is a negative comment, we are allowed to address the comment by name. Specifically, by adding publicly viewable information to the CONTENT of any PROPERTIES of EMPIREURL (hereinafter “INFO”), or by sharing CONTENT publicly of any of the PROPERTIES of EMPIREURL (hereinafter “SHARING”), you agree that you do indeed own the property rights to your name and likeness and / or those of the entity you claim to represent, and any trade rights to brands or entities associated with your communication of the INFO or SHARING, and you grant EMPIREURL, royalty-free non-exclusive licensing, with worldwide rights, including the use of your name, likeness, and release of any privacy claims, in perpetuity, to use the INFO and SHARING in any manner whatsoever, at the sole discretion of EMPIREURL, with or without notice. And agree to hold EMPIREURL harmless for any damages, consequences, expenses, or other issues and derivative financial implications, that may arise from such use of your trade protected data and / or personal likeness associated with the INFO and / or SHARING.
Third parties on EMPIREURL
You agree to hold EMPIREURL harmless for any issues regarding your use, results, or interactions with goods and / or services advertised and / or provided by third parties on EMPIREURL PROPERTIES. Claims made by third parties will be held to the terms and policies of by those third parties, and not by those of EMPIREURL. EMPIREURL will not be liable for, or responsible, in any manner whatsoever, for any issues arising from your dealings or interaction with third parties.
SPECIFICALLY, you UNDERSTAND AND AGREE, that:
- Your use of any of the PROPERTIES of EMPIREURL, and / or any SERVICES or CONTENT you receive from EMPIREURL, and / or any PRODUCTs you may have purchased from EMPIREURL, is AT YOUR OWN RISK.
- Everything you receive from EMPIREURL, is to be considered "AS IS".
- EMPIREURL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- EMPIREURL MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, THAT ANY SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, VIRUS-FREE, UNINTERRUPTED, TIMELY, SECURE, OR HAVE ANY OTHER ATTRIBUTE OR QUALITY THAT COULD BE CONSTRUED AS A PROMISE OF PERFORMANCE OF ANY KIND.
- THE CONTENT OF ALL PROPERTIES OF EMPIREURL IS NOT WARRANTED EITHER EXPRESSLY OR IMPLICITLY TO BE SAFE IN ANY MANNER TO BE DOWNLOADED.
- THAT EMPIREURL DOES NOT PROVIDE YOU WITH PROFESSIONAL ADVICE OF ANY KIND, AND THAT ANY PERCEIVED ADVICE OR ANY OTHER INFORMATION OBTAINED VIA EMPIREURL PROPERTIES, MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT EMPIREURL WILL NOT BE HELD LIABLE IN ANY WAY.
SPECIFICALLY, YOU UNDERSTAND AND AGREE THAT EMPIREURL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES. INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER OR NOT EMPIREURL WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, AS MIGHT BE THE CASE WITH, BUT NOT LIMITED TO:
- THE USE OR INABILITY TO USE PRODUCTS AND SERVICES PROVIDED BY EMPIREURL.
- THE EXPENSE OF PROCURING SUBSTITUTE GOODS AND / OR SOLUTIONS, INCURRED AS A RESULT OF ANY TRANSACTION ENTERED INTO THROUGH THE PROPERTIES OF EMPIREURL.
- UNAUTHORIZED ACCESS TO, DELETION OR OTHER ALTERATION OF ANY OF YOUR DATA STORED IN EMPIREURL PROPERTIES OR THIRD PARTY PROPERTIES, OR DATA LOST OR ALTERED IN TRANSMISSION WITH SUCH PROPERTIES.
- DAMAGING STATEMENTS MADE BY ANY THIRD PARTY OR AS A RESULT OF THE CONDUCT OF ANY THIRD PARTY USING OR PROVIDING SERVICES.
- ANY OTHER MATTER RELATING TO PRODUCTS AND / OR SERVICES.
All rights reserved
BY PROVIDING SERVICES ON ITS PROPERTIES, EMPIREURL IS NOT PROVIDING YOU WITH ANY EXPRESS OR IMPLIED RIGHTS TO MAKE ANY COMMERCIAL USE OF ANY CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF EMPIREURL. EMPIREURL reserves all its rights, including but not limited to: All copyrights, trademarks, patents, trade secrets, and any other proprietary rights that EMPIREURL may have with regards to any of its PROPERTIES, CONTENT, PRODUCTs and SERVICES that it may provide access to.
Notification of copyright infringement
If you believe that your intellectual property has been used in EMPIREURL, in any way that could be considered a copyright infringement, trademark infringement, misappropriation of likeness, or any violation of your intellectual property rights, please contact us to assess your claim and rectify it as may be applicable.
- Time Limitation: You agree that any claim or cause with regards to any EMPIREURL PROPERTIES, PRODUCT or SERVICES must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation.