©2007-2025 Offbeat Empire LLC

TERMS OF USE

Last updated OCTOBER 2025

By accessing or using any of the Offbeat Empire LLC (“The Empire“) internet properties including, without limitation, offbeatbride.com, offbeatwed.com, offbeathome.com, findyourafterglow.com, offbeatempire.com, lapdancesforgod.com, profiles and groups on social media sites owned and managed by The Empire, and any other digital platforms, websites or properties operated, maintained, or used by The Empire from time to time (collectively referred to as the “Sites“) you agree to comply with and be bound by these Terms of Use (“Terms”) and The Empire’s Code of Conduct. Please read these Terms carefully as well as The Empire’s Privacy Policy. 

IF YOU DO NOT AGREE TO THE TERMS OF USE, CODE OF CONDUCT AND THE PRIVACY POLICY, YOU MUST IMMEDIATELY TERMINATE USE OF THE SITES.

  • License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Sites conditioned on your continued acceptance of, and compliance with, these Terms. You may use the Sites and The Empire Content (as defined below, Section 8) for your noncommercial personal use and for no other purpose. The Empire reserves the right to bar, restrict or suspend any user’s access to the Sites, and/or to terminate this license at any time for any reason. The Empire reserves any rights not explicitly granted in these Terms. If you do download or otherwise reproduce the materials from the Sites, you must reproduce all of The Empire’s proprietary markings, such as copyright and trademark notices, in the same form and manner as the original.
  • License Restrictions. Unless otherwise expressly stated in these Terms or you receive The Empire’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Sites, any Empire Content (as defined below, Section 8), or any portion thereof. Further, you may not (i) use the Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Sites, including Empire Content; (ii) interfere with the proper working of the Sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use or enjoyment of the Sites.
  • Your Acceptance; Revisions to Terms. The Sites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms constitute a legally binding agreement between you and The Empire regarding your use and access to the Sites. BY USING THE SITES, YOU AGREE TO THESE TERMS.

The Empire reserves the right to revise these Terms at any time in its sole discretion by posting revised Terms of Use to the Sites. The Empire may notify you of such changes by any reasonable means, including by posting a revised Terms of Use on the Sites. Any changes will be effective immediately upon posting the revised version of these Terms of Use on the Sites. Your use of the Sites signifies your acceptance of all the terms and conditions contained within the Terms posted at the time of your use. You further waive any right you may have to receive specific notice of such changes to these Terms. You are responsible for regularly reviewing these Terms.

  • The Empire Policies; Additional Terms and Conditions. The Empire’s Privacy Policy and Code of Conduct, as well as other additional terms and conditions that may be applicable to certain portions of the Sites (collectively “Additional Terms and Conditions”) are incorporated herein by reference. To the extent that there is a conflict between these Terms and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.
  • Personal Login Information. Certain features and areas of the Sites are available only with registration, login, and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information“), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the internet browser, especially when you are connected to the internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. The Empire is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact The Empire immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns. 
  • Privacy Policy. The Empire is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at offbeatempire.com/privacy-policy.
  • User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with ‘s operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through any of The Empire website registration, membership, or order forms. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, The Empire reserves the right to terminate your access and use of the Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites. Additionally, you agree to abide by The Empire Code of Conduct.

    In addition you also agree that you will not use our Sites to:
    1. upload, download, post, email, transmit or otherwise make available any content, including through any links or attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, slanderous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. upload, download, post, email, transmit or otherwise make available any content, including through any links or attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships;
    3. upload, download, post, email, transmit or otherwise make available any content, including through any links or attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    4. upload, download, post, email, transmit or otherwise make available, including through any links or attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    5. upload, download, post, email, transmit or otherwise make available, including through any links or attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
    6. intentionally or unintentionally violate any applicable local, state, national or international law.
  • Proprietary Rights. “Offbeat Bride”, “Offbeat Home”, “Offbeat Families”, “Offbeat Weddings”, “Offbeat Wed”, and “Find Your Afterglow” are federally registered trademarks owned by The Empire. The content of the Sites includes, without limitation, (i) The Empire’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Empire Marks”); and (ii) information, data, materials, interfaces, computer code, databases, playlists, prayers, meditations, essays, mailers, stories, books, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, audiobooks, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “Empire Content”). Empire Content is the property of The Empire, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Empire Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the Empire or the owner of such content if the Empire is not the owner. Any use of the Empire Marks without The Empire’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Empire Content, including any such notices appearing on any Empire Content you are permitted to download, transmit, display, print, or reproduce from the Sites.
  • Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the internet and the Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the Empire does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the internet or other communication network. The Empire shall not be obligated to correct or update the Sites or the Empire Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites.
  • Third Party Information. The Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Sites are those of the respective third party and not of The Empire or its affiliates. The Empire makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.
  • Notice for Claims of Intellectual Property or Copyright Infringement; Agent for Notice of Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

    The Empire respects the intellectual property rights of others. We do not knowingly permit anyone to post materials on the Site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act (“DMCA”) (including 17 USC § 512). Offbeat Empire LLC will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.

    Upon receipt of notices complying with the DMCA, The Empire will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

    If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Empire with the following information. Please be advised that to be effective, the notification must include ALL of the following:
  • a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number, and email address and all other information reasonably sufficient to permit The Empire to contact you;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to The Empire’s designated agent:

By mail:

Copyright Manager of Offbeat Empire LLC
Attn: Scott Haapala
12036 26th Ave S
Seattle, WA 98168

By email:

Click here to email.

  • Advertisers. The Sites may contain advertisements. The inclusion of advertisements on the Sites does not imply endorsement of the advertised products or services. The Empire shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, The Empire shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the Sites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
  • Links to Third Party Websites. The Sites may provide links (including any link through an on-line banner advertisement) to other sites on the internet for your convenience. These other sites are maintained by third parties over which The Empire exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the Sites, you do so entirely at your own risk.
  • Links to Websites, Content, Sharing of Content. Links posted by third parties to the Sites and/or Empire Content may not use The Empire Marks and shall not suggest that The Empire promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Sites shall be the responsibility of the linking party. The Empire reserves the right to require any linking party to disable or remove any link that violates The Empire’s policies, rights or causes interruption or deterioration of Empire Content.
  • Sharing of Content. You may download, copy or embed Empire Content and other downloadable items displayed on the Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Empire Content for other than personal use is expressly prohibited without prior written permission from The Empire or the copyright holder identified in the copyright notice contained in the Empire Content. The Empire reserves the right to require any party sharing Empire Content to stop such sharing and/or require such party to disable links or other means of access to the Empire Content, at The Empire’s sole discretion.
  • Warranties Disclaimed. NOTHING IN THESE TERMS SEEKS TO EXCLUDE ANY CONDITION, WARRANT OR GUARANTEE THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EMPIRE DOES NOT GUARANTEE ANY RESULTS FROM USING THE SITES. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITES ARE AT YOUR OWN OPTION AND RISK. NEITHER THE EMPIRE, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “EMPIRE PARTIES“) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES ARE PROVIDED WITHOUT WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE EMPIRE, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SITES, WILL CREATE ANY WARRANTY, GUARANTEE, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR THROUGH THE SITES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE SITES WILL MEET YOUR REQUIREMENTS; (III) THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED, LINKED TO, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DOWNLOADED OR AVAILABLE AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SITES. 

 

IF ANY SUCH WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THEN TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE EMPIRE’S LIABILITY FOR BREACH OF ANY SUCH WARRANTY OR GUARANTEE IS LIMITED (AT THE EMPIRE’S OPTION) TO: (A) FOR GOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF THE REPAIR OR REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; OR (B) FOR SERVICES, THE RESUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.

THE EMPIRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND THE EMPIRE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  • Exclusion of and Limitation of Liability. The Empire Parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use the Sites and/or any Empire Content; (ii) from any interruption in the availability of the Sites and/or Empire Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the Sites, or transactions entered into, through or from the Sites; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the Sites; (vii) from any delay or failure of the Sites arising out of causes beyond The Empire’s control; (viii) out of the use of, reference to, or reliance on, the Empire Content; (ix) out of any third-party materials, information, products and services contained on, or accessed through, the Sites (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third-party websites; or (xi) out of any other matter relating to the Sites or Empire Content.

    In the event you are dissatisfied with, or dispute, these Terms, the Sites and/or the Empire Content, your sole right and exclusive remedy is to terminate your use of the Sites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that has no other obligation, liability or responsibility to you or any other party.
  • Exclusions permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Section 16 and Section 17 which are lawful in your jurisdiction will apply to you and The Empire’s liability will be limited to the maximum extent permitted by law.
  • Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Empire Parties from and against all claims arising from or in any way related to your use of the Sites and/or Empire Content, a violation by you of these Terms or Code of Conduct, or any other actions connected with your use of the Sites and/or Empire Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. The Empire will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the Empire Parties other than under this Section.
  • Term and Termination. These Terms will take effect at the time you begin using the Sites. The Empire reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or to any portion thereof, and to terminate these Terms. These Terms will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms at any time by ceasing to use the Sites, but all applicable provisions of these Terms will survive such termination. Upon termination, you must destroy all copies of any portion of the Sites, including any Empire Content, in your possession.
  • Binding Arbitration (“Arbitration Agreement”)
    • a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.
    • You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.
    • The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
    • b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to Offbeat Empire LLC, 12036 26th Ave S, Seattle, WA 98168 USA. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    • c. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
    • d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.
    • e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
    • f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.
    • g. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
    • h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.
    • i. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.
    • j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.
  • Consent to Data Collection.  These Terms of Service incorporate our Privacy Policy, which discloses how we, our vendors, and our service providers collect and use data when you use the Site and/or mobile applications.  You hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy (including any links to other policies therein).  You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site.  
  • Limitations on Liability. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. 
  • Governing Law. These Terms and all matters regarding your use of the Sites shall be governed by, construed in accordance with, and enforced under the laws of the State of Washington applicable to contracts made and executed and wholly performed in the State of Washington, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
  • Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
  • Use of Websites and Content outside of the United States. The Empire makes no claims regarding access or use of the Sites or the Empire Content outside of the United States. If you use or access the Sites or the Empire Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms.
  • User Generated Content. We welcome your views, comments and other communications, images, text, trackback URLs, or videos on our Sites which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content (“User Content“). By contributing User Content to any of the Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant The Empire a non-exclusive, non-transferable, royalty-free, revocable, limited license to use, display, reproduce, transmit, modify such User Content and that The Empire may use the User Content on the Site, including The Empire’s websites, social media, digital platforms, and/or in any and all content postings, whether currently in existence or to be developed in the future. You are solely responsible for the User Content you submit. If you believe any User Content infringes on your proprietary rights, contact The Offbeat Empire’s Copyright Agent as identified in these Terms. The Empire will make reasonable attempts, but is not obligated, to properly identify User Content with attribution wherever and whenever used on the Sites. The Empire does not approve, endorse, or adopt any User Content, and The Empire assumes no liability for any User Content submitted by you or others. You agree to indemnify The Offbeat Empire against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via the Sites used, published, copied and/or reprinted, should not post on the Sites or on social media profiles. Please note that other participants may use posted information beyond the control of The Empire. All User Content is read at your own risk, and The Empire recommends that you not rely on the information or advice in any of the postings for spiritual or health related purposes.

    The Empire retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. The Empire also retains the right to ban or block a user from posting on The Empire social media profiles without notice for a pattern of inappropriate postings or as it deems necessary. All User Content must comply with The Empire Code of Conduct.

    You acknowledge, consent and agree that The Empire may access, preserve and disclose your account information and the User Content you have posted by users of the Sites if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of The Empire to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of The Empire, its administrators, its users and the public.
  • Waiver and Severability. The failure of to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
  • Complete Agreement. These Terms, together with any revision, any Additional Terms or Conditions incorporated by reference, and any click-through agreement, constitutes the entire agreement between you and The Empire relating to the Sites and its use by you, and supersedes any previous written or oral communication regarding use of the Sites.
  • Contact Information. If you have any questions or concerns regarding these Terms or the Sites, please visit our Contact Us page.