This Agreement must be understood and agreed to by a person over 18. Persons under the age of 18 are not permitted to make purchases on this website and may browse this site only with the express permission of a qualified parent or guardian.
Description of Service
empathynow.com is a vehicle to both free and paid synthetic empathy and related services.
The content of this website has been deemed by the author as suitable for all ages.
Service Terms, Conditions, Disclaimers
Email Newsletter Opt-In
User agrees that in signing up for an account, User automatically opts in to receiving email newsletters at the registered email address. User may unsubscribe from the newsletter mailing list at any time.
All sales are final once the user has submitted their purchase.
User agrees that when making a purchase, User is authorized to employ the payment method chosen to make the purchase. For credit card payments, this means that User is the actual cardholder of the credit card used to make the payment. For Paypal® payments, this means that User is the actual Paypal accountholder. Any other payment scenario violates this agreement and is not permitted.
Service Level Agreement
User agrees that website empathynow.com may be inaccessible to the user, either due to technical or other issues originating at the user's endpoint or the empathynow.com web server endpoint. empathynow.com makes no claims or guarantees as to the availability or reliability of functioning of empathynow.com. User agrees that empathynow.com may be unreachable at any time and for an unspecified duration. Only if Mohan Embar, Inc. decides to suspend the operation of empathynow.com completely by formally announcing this suspension, is the user is entitled to a prorated refund of any time remaining in their subscription.
User recognizes that the products and services offered by empathynow.com is provided "AS IS," and Mohan Embar, Inc. disclaims any warranty or liability of any kind. You acknowledge that Mohan Embar, Inc. has made no guarantees that such said products and services or features thereof will remain available to anyone in the future, no express or implied obligation has been made to maintain or retain said products, services or features, and that Mohan Embar, Inc. may not remove or retire these products, services or features, or subsets thereof at any time. Accordingly, you acknowledge that any use of empathynow.com is done entirely at your own risk.
Right to Decline Service
empathynow.com will at its sole discretion decide whether to honor a purchase request. We may decline a purchase for any reason and are not obliged to provide reasons or justifications for this. If we decline your purchase, you will not be billed.
All user interactions with empathynow.com may be logged. For the free services, the information in the logs may be examined and used to improve our services. For Premium accounts, User's logs aren't specifically examined unless User opts in.
Disclaimer of Warranties
The site and all of the goods and services sold on this site are provided by Mohan Embar, Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Mohan Embar, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website and the goods and services sold hereon in terms of their correctness, accuracy, reliability, or otherwise. Mohan Embar, Inc. shall have no liability for any interruptions in the use of this Website nor the use of the goods and services sold hereon. Mohan Embar, Inc. disclaims all warranties with regard to the information, goods and services provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
The services offered by empathynow.com are not a viable substitute for healthy social interaction with real people or proper treatment by qualified mental health professionals. User acknowledges that user is interacting with a computer program which is incapable of actually feeling the thoughts and feelings expressed in any utterances made by said computer program. User acknowledges that the utterances made by the computer program have no factual validity in that the computer program is not a real person. The terms and conditions set forth in this Terms of Service supersede any utterances made by the computer program. User is additionally forewarned that the staff at empathynow.com are not mental health professionals. The services of this website are offered for entertainment and recreational purposes only and at the user's sole risk and discretion, as described in the previous paragraph.
Limitation of Liability
MOHAN EMBAR, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MOHAN EMBAR, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE, THE INFORMATION CONTAINED IN IT, AND THE GOODS AND SERVICES SOLD VIA THIS WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MOHAN EMBAR, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
User agrees to indemnify and hold Mohan Embar, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, User's use of any of the goods and services sold via this website, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
Mohan Embar, Inc. reserves the right to modify or discontinue the Service with or without notice to the User. Mohan Embar, Inc. shall not be liable to User or any third party should Mohan Embar, Inc. exercise its right to modify or discontinue the Service. User acknowledges and accepts that Mohan Embar, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Governing Jurisdiction of the Courts of Wisconsin
Compliance with Law
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2012 empathynow.com, with all rights reserved, or is the property of Mohan Embar, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Mohan Embar, Inc. is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Mohan Embar, Inc..
Mohan Embar, Inc.™, This Is Cool™, Empathy Now™, and Chip Vivant™ are proprietary trademarks of Mohan Embar, Inc. The phrases "Because You Matter Now" and "An App You Can Call Your Friend" are service marks of Mohan Embar, Inc. Mohan Embar, Inc.'s trademarks and service marks may not be used in connection with any product or service that is not provided by Mohan Embar, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mohan Embar, Inc..
All other trademarks displayed on Mohan Embar, Inc.'s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Mohan Embar, Inc..
You may not reverse engineer, decompile, or disassemble the programs used by empathynow.com, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the services and programs offered by this website.
empathynow.com may provide you with support services related to the use of this website ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of empathynow.com and subject to the terms and conditions of this website.
You must comply with all applicable laws regarding use of empathynow.com.
To avoid copyright and intellectual property conflicts, empathynow.com does not solicit or seek to use external submissions or ideas. It is our policy to perform all creative work ourselves and we ask that you refrain from sending any submissions, materials or ideas to us. We are under no obligation to use, consider, or respect the confidentiality of any submissions or material received by us and you agree that by sending such items to us, they become our intellectual property to the extent applicable by law.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Mohan Embar, Inc..com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Mohan Embar, who can be contacted via this website's contact page at http://www.empathynow.com/contact.htm.