Terms & Conditions
Empire Text, LLC
181 Kenwood Ave
Oneida, NY 13421
Effective Date: March 1st, 2025
This document constitutes a legally binding agreement (“Agreement”) between you (“User,” “Visitor,” or “Member”) and Empire Text, LLC (“we,” “us,” or “our”). By accessing or using www.empiretext.com (“Website”), you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree to these Terms and Conditions, do not use the Website or our Services.
1. Definitions
1.1 Empire Text, LLC refers to the owner of this Website and all associated Services.
1.2 Visitor refers to any individual browsing our Website without creating an account or placing an order.
1.3 Member refers to any individual who registers an account or uses the guest checkout option to utilize our Services.
1.4 User collectively refers to Visitors and Members.
1.5 Content includes all text, information, graphics, design, and data available on our Website, whether created by us, Members, or third parties.
1.6 Product refers to any goods we buy, sell, or provide, including books and associated materials.
1.7 Buyback Order refers to a transaction initiated through our Website in which Empire Text, LLC quotes, grades, and processes payment for goods sent to us.
1.8 Quote refers to the estimated value of goods provided by a User, subject to inspection and grading by us. A “Quote” does not guarantee purchase by Empire Text, LLC.
2. Acceptance of Agreement
This Agreement, along with our Privacy Notice, constitutes the sole and entire agreement between you and Empire Text, LLC. By using our Website or Services, you agree to comply with all terms and conditions contained herein. If you do not agree, you must immediately cease using our Website and Services.
Empire Text, LLC reserves the right to update or modify this Agreement at any time by providing notice on our Website. Changes will become effective 30 days after notice is given. Your continued use of our Website and Services constitutes acceptance of the revised terms.
By accepting this Agreement, you represent and warrant that you own the rights to, retain legal ownership of, or are an authorized agent to sell the inventory you submit to Empire Text, LLC.
3. Privacy Notice
Your use of our Website is subject to our Privacy Notice, which can be reviewed here. By using our Website and Services, you consent to the collection, use, and sharing of your information as described in the Privacy Notice.
4. Arbitration Agreement
Any dispute, claim, or controversy arising out of or relating to this Agreement, excluding claims for injunctive relief or intellectual property disputes, shall be resolved exclusively through binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Arbitration shall take place in Oneida, New York, and each party shall bear its own arbitration costs.
You agree that disputes will be arbitrated on an individual basis and waive the right to participate in class actions. Judgment on the arbitration award may be entered in any court having jurisdiction.
5. Governing Law and Jurisdiction
5.1 Governing Law
This Agreement, and any disputes, claims, or controversies arising from or relating to your use of the Website or Services, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles or rules that may result in the application of the laws of another jurisdiction.
5.2 Jurisdiction and Venue
You agree that any legal action, suit, or proceeding arising under or in connection with this Agreement or your use of the Website or Services shall be filed exclusively in the state or federal courts located in Madison County, New York. You irrevocably submit to the personal jurisdiction of such courts and waive any objections based on improper venue or forum non conveniens.
5.3 Consent to Service of Process
You agree that service of process in any legal proceeding may be effectuated by delivering a copy of the summons and complaint to the address or contact information you provided during your use of the Website or Services. You further agree to notify Empire Text, LLC promptly of any changes to your contact information to ensure effective service.
5.4 Waiver of Jury Trial
To the fullest extent permitted by applicable law, you expressly waive any right to a trial by jury in any legal proceeding arising out of or related to this Agreement, the Website, or the Services.
5.5 Exclusions and Limitations
Nothing in this section shall limit the right of Empire Text, LLC to seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property rights or other proprietary rights.
5.6 Statute of Limitations
Any claim or cause of action arising under this Agreement must be filed within one (1) year after such claim or cause of action arose; otherwise, such claim or cause of action is permanently barred.
5.7 International Use
If you access the Website or Services from outside the United States, you agree that you are responsible for complying with any local laws applicable to your use. Regardless of where you are located, this Agreement shall be governed by and construed in accordance with the laws of the State of New York, as stated above.
6. Limited License
6.1 Grant of License
Empire Text, LLC grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Website and Services, subject to the terms of this Agreement.
6.2 Permitted Uses
- Personal Use: You may use the Website and Services for personal, non-commercial purposes, such as browsing, purchasing, or managing transactions.
- Business Use: If you are using the Website and Services for business purposes (e.g., managing inventory or selling items), your usage must comply with all applicable laws and this Agreement. By using the Website for business, you represent that you have the authority to bind your business to this Agreement.
6.3 Prohibited Uses
You may not use the Website or Services to:
- Engage in unauthorized access, resale, redistribution, or exploitation of the Website, Services, or Content.
- Modify, reverse-engineer, decompile, or create derivative works of any part of the Website, Services, or Content.
- Violate local, state, federal, or international laws or regulations.
- Use automated methods, such as scraping or data mining, to extract data from the Website.
- Misuse, misrepresent, or misappropriate the Website, Services, or Content for fraudulent or unlawful purposes.
6.4 Termination of License
Empire Text, LLC reserves the right to suspend, restrict, or revoke this license at its sole discretion, without notice, if you violate this Agreement or misuse the Website or Services.
6.5 Ownership and Intellectual Property
This license grants you only the right to access and use the Website and Services. Ownership of all intellectual property, including the Website, Services, and Content, remains with Empire Text, LLC or its licensors.
6.6 Business Compliance Responsibility
For business users, you are solely responsible for ensuring your use of the Website and Services complies with all applicable laws and regulations, including tax compliance, consumer protection, and intellectual property laws. Empire Text, LLC disclaims liability for your failure to comply with such requirements.
7. Compliance with Laws and Prohibited Uses
7.1 Compliance with Laws
By accessing or using the Website or Services provided by Empire Text, LLC, you agree to comply fully with all applicable local, state, federal, and international laws, regulations, and ordinances, including those governing intellectual property, commerce, fraud prevention, and consumer protection.
7.2 User Representations and Warranties
By using our Website and Services, you represent and warrant that:
(a) Right to Sell
You have full legal rights, ownership, or authorization to sell, trade, or dispose of any items or goods submitted or offered through the Website or Services.
(b) Non-Stolen Items
The items or goods you sell, trade, or offer are not stolen, misappropriated, or obtained unlawfully in any manner.
(c) Authenticity
The items or goods you sell, trade, or offer are genuine and not counterfeit, fraudulent, or misrepresented in any way.
(d) Accuracy of Information
All descriptions, information, and representations you provide regarding the items or goods are truthful, accurate, and complete.
7.3 Prohibited Uses
You may not use the Website or Services to:
(a) Violate Laws
Engage in any activity that violates local, state, federal, or international laws, regulations, or treaties.
(b) Engage in Fraudulent or Deceptive Practices
Conduct fraudulent, deceptive, or illegal activities, including submitting false information, impersonating others, or engaging in unauthorized transactions.
(c) Infringe Intellectual Property Rights
Infringe upon or misappropriate the intellectual property rights of Empire Text, LLC or any third party, including copyrights, trademarks, patents, trade secrets, or proprietary rights.
(d) Sell Stolen or Counterfeit Goods
Offer for sale, to us or other users, any items that are stolen, counterfeit, fraudulent, misrepresented, or otherwise unlawful.
(e) Disrupt or Damage Services
Interfere with, disrupt, or attempt to gain unauthorized access to the Website, Services, or related systems, networks, or servers.
7.4 Reporting and Cooperation with Authorities
Empire Text, LLC reserves the right to investigate any suspected violations of this Agreement, including unauthorized transactions, counterfeit goods, or stolen property. If we have a reasonable basis to suspect that your activities involve stolen, counterfeit, or misrepresented goods, or any other illegal activity, we will report the matter to the appropriate authorities and fully cooperate with any investigations.
7.5 Enforcement and Termination of Access
Empire Text, LLC reserves the right, at its sole discretion, to monitor, investigate, and enforce compliance with this Agreement. This includes the right to suspend, restrict, or terminate your access to the Website or Services without prior notice if you are found to have violated this Agreement, applicable laws, or engaged in prohibited conduct.
7.6 No Liability for Enforcement Actions
Empire Text, LLC shall not be held liable for any loss, damage, or inconvenience resulting from enforcement actions taken in accordance with this Agreement, including reporting suspected violations to law enforcement or terminating access to the Website or Services.
8. Intellectual Property
All Content on our Website, including trademarks, pricing data, logos, and copyrighted materials, is the property of Empire Text, LLC or its licensors. Unauthorized use of our intellectual property is strictly prohibited.
9. Buyback Orders
9.1 Eligibility: Buyback Orders must be submitted through our Website. Products must meet our condition and shipping guidelines to qualify for the quoted payment.
9.2 Inspection and Payment: All Products are subject to inspection upon receipt. Payment amounts may be adjusted if Products do not match the condition or description provided by the user in the Buyback Order Quote. Products in unacceptable condition or that fail to meet our guidelines may not qualify for payment and will be recycled. Empire Text, LLC retains sole discretion in grading the condition of Products. Grading conditions are determined based on Amazon’s book condition guidelines.
9.3 Non-Payment: Empire Text, LLC reserves the right to refuse payment for any Buyback Order at its sole discretion. This includes, but is not limited to, cases involving misrepresentation, fraudulent activity, or errors in the quoting process.
9.4 Shipping Liability: Empire Text, LLC is not responsible for loss or damage to Products while in transit. Users are encouraged to follow our shipping guidelines and purchase shipping insurance.
9.5 Third-Party Experiences: Empire Text, LLC makes no guarantees regarding third-party services, including but not limited to shipping carriers and payment processors. We are not liable for any issues, delays, damages, errors, or negative experiences encountered as a result of interactions with these third parties. Any disputes, claims, or concerns related to third-party services must be resolved directly with the third-party provider.
10. Payment Processing
10.1 Third-Party Payment Processor Responsibility
Once payment information is submitted through Empire Text, LLC’s platform, the information is transmitted securely to a third-party payment processor. Empire Text, LLC does not directly handle, store, or process payment details and is not liable for any errors, delays, system outages, transaction declines, or issues that may arise during or after the payment process. The third-party payment processor assumes full responsibility for processing payments in compliance with applicable laws and industry standards.
10.2 User Responsibility for Payment Information
Users are solely responsible for providing accurate and complete payment information at the time of checkout, including but not limited to card numbers, billing addresses, and any other required details. Empire Text, LLC shall not be held liable for any failed transactions, delays, or additional charges resulting from errors, omissions, or inaccuracies in the payment information provided by the User.
10.3 Disputes and Chargebacks
Any disputes related to payments, including chargebacks or unauthorized transactions, must be resolved directly with the third-party payment processor. While Empire Text, LLC may provide reasonable assistance during such disputes, it is under no obligation to mediate or resolve payment-related issues.
10.4 Fraud Prevention and Security
Empire Text, LLC reserves the right to suspend or cancel any transaction flagged as potentially fraudulent or suspicious. Users agree to cooperate with any verification processes required by either Empire Text, LLC or the third-party payment processor to confirm the legitimacy of a transaction. Empire Text, LLC disclaims liability for any consequences resulting from such actions, including delays in order processing.
10.5 Compliance with Laws
Users agree that all payments made to Empire Text, LLC comply with applicable federal, state, and local laws. Empire Text, LLC reserves the right to refuse transactions that are in violation of legal or regulatory requirements.
11. Billing for Misuse
By using our Website and Services, you agree to abide by our terms, policies, and good faith practices. Empire Text, LLC reserves the right to bill customers for any misuse of our Website, Services, or business practices that results in financial loss, additional costs, or undue burden on our operations. By accepting this agreement, you grant Empire Text, LLC permission to charge you for such misuse as described below:
A. Causes for billing a user
Misuse or violation of our policies that may result in charges includes, but is not limited to:
- Fraudulent activity – Intentionally misrepresenting information, falsifying details, or engaging in deceptive practices.
- Misrepresentation of items – Attempting to pass off books or other items as higher-value products to receive inflated payments.
- Negligent packing and shipping – Failing to follow our packing guidelines, leading to increased shipping costs, damage claims, or rejection of items.
- Chargeback abuse – Initiating unjustified chargebacks or disputes on legitimate transactions.
- Unauthorized or exploitative use of our platform – Engaging in any action that disrupts our Website, Services, or financial processes.
B. Billing and Payment
If misuse results in additional costs or financial burdens to Empire Text, LLC, we reserve the right to recover these costs as follows:
- Deduction from Buyback Orders – If you have a pending buyback order, we may deduct the owed amount from your payment or subsequent payments.
- Direct Billing – If the amount owed exceeds your buyback order or if no buyback order exists, the outstanding balance will be billed to the address on file.
- Debt Collection – Failure to pay charges within the specified time frame may result in the outstanding balance being forwarded to a third-party debt collection agency, which may impact your credit standing.
C. Types of Charges
Users who violate our policies may be charged for costs including, but not limited to:
- Third-party fees – Any extra costs incurred by us from shipping carriers, financial transaction partners, or other service providers due to user actions.
- Labor costs – A fee of $50 per hour for staff time spent investigating, addressing, and resolving issues caused by the user’s fraudulent or negligent actions.
By using our Website and Services, you acknowledge and accept these billing terms. Empire Text, LLC reserves the right to determine, at its sole discretion, whether a user’s actions constitute misuse and warrant charges.
12. Limitation of Liability
To the fullest extent permitted by law, Empire Text, LLC and its affiliates, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of, or inability to use, our Website or Services. This includes, but is not limited to, loss of profits, revenue, business opportunities, goodwill, or data, even if we have been advised of the possibility of such damages.
Empire Text, LLC is not responsible for any loss of income, revenue, or business due to, but not limited to, website errors, downtime, technical issues, interruptions in service, or other unforeseen circumstances that may impact access to our Website or Services.
In no event shall our total liability, whether in contract, warranty, tort (including negligence), product liability, strict liability, or any other theory, exceed the total amount you paid to us, if any, during the twelve (12) months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
13. Indemnification
13.1 Indemnification Obligation
By using Empire Text, LLC’s Website and Services, you agree to indemnify, defend, and hold harmless Empire Text, LLC, its affiliates, subsidiaries, officers, directors, employees, agents, contractors, successors, and assigns (collectively referred to as the “Indemnified Parties”) from and against any and all claims, liabilities, demands, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) arising out of, or in connection with:
(a) Your use of the Website, Services, or any content provided therein;
(b) Your breach or violation of this Agreement, including any representations, warranties, or obligations outlined herein;
(c) Your violation of any applicable laws, regulations, or the rights of a third party, including but not limited to intellectual property rights, privacy rights, or contractual obligations;
(d) Any information, data, or content you provide or submit through the Website or Services; or
(e) Any negligent or wrongful act or omission by you or any individual accessing the Website or Services through your account or on your behalf.
13.2 Defense and Settlement
Empire Text, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully in the defense of such matters. You shall not settle any claim or matter subject to indemnification under this section without the prior written consent of Empire Text, LLC.
13.3 Survival of Indemnification
Your indemnification obligations under this section shall survive the termination or expiration of this Agreement, your use of the Website or Services, and the closing of your account.
13.4 No Limitation on Liability
Nothing in this Indemnification section shall be construed to limit any other liabilities or remedies available to Empire Text, LLC under applicable law or this Agreement.
14. Termination
Empire Text, LLC reserves the right to terminate your access to our Website and Services at any time, with or without cause, including for violations of this Agreement. Termination does not relieve you of any obligations incurred prior to termination.
15. Changes to This Agreement
We may update this Agreement at any time by providing notice on our Website. Changes will take effect 30 days after notice is given. Your continued use of our Website and Services constitutes acceptance of the updated terms.
If you have questions about this Agreement, please contact us at:
Empire Text, LLC
181 Kenwood Ave
Oneida, NY 13421
Email: support@empiretext.com