Terms of Service
This Terms of Service Agreement (hereinafter “Agreement”) sets forth the terms and conditions
by which we, Empower Technologies, Inc. (company), will license SonoSoft to its users (client).
By “Software”, we refer to the SonoSoft SQL software system.
Our Commitment to You
Empower Technologies, Inc. is committed to bringing you the best possible tools and services
designed to meet your needs and expectations. We will provide prompt and courteous service for
uninterrupted use of our Software given that you have reliable internet connectivity. This
excludes those periods where unforeseeable and unavoidable service outages occur due to
Internet, router, Internet Service Provider related downtime, interruptions in times of war, acts of
God or otherwise that is outside of our control. Naturally, we cannot be held responsible for
your connection to the Internet, the functionality of your own hardware or software systems
existing outside of our Software.
Included with Valid License
A valid license is one which has been supplied by Empower Technologies, Inc, for the specified
use of our Software, which remains paid in full for the specified period and one which the client
remains compliant to the EULA (End User License Agreement). By using the Software, you
inherently agree to the terms of the EULA.
Included with each license is;
Unlimited training for you and your staff
Maintenance
Ongoing support by telephone, email or chat
Updates to your system as they are released from Empower Technologies, Inc.
Scheduled Updates
Empower Technologies, Inc makes every effort to provide system updates. Currently, the update
releases are scheduled 1 to 2 times per week or released as deemed necessary by the technical
director.
Billing Policies
You will be responsible for paying an annual license renewal fee for the continued
uninterrupted use of any SonoSoft SQL system. This fee may vary depending on the
system(s) you purchased, the size of your staff or the current configuration of the system
you are using. The fee for your license will be established at the onset of your initial
purchase. This may be auto-drafted from your credit card on file for your convenience
unless we receive a written cancellation from the registered user. If paying by check, the
license fee will be due by your renewal date. If not received, your system may be
immediately disabled and remain so until payment is received. By accepting any of our
services, you agree to keep us updated as to your billing information.
Accounts that have become delinquent are subject to deactivation without further notice.
No refunds can be issued subsequent to the fulfillment of our performance guarantee.
Our license fees are not based upon actual usage of the Software, but instead, are based
upon a license that entitles you to use the Software system. You must specifically cancel
your contract in writing if you no longer wish to use and pay for it. All correspondence
must be made to our corporate office and addressed to; Empower Technologies, Inc.,
1990 Main Street, Suite 750, Sarasota, FL 34236.
You agree to hold Empower Technologies, Inc, its officers, directors, employees,
partners, affiliates and associates harmless and indemnify and defend from any civil
claim of any nature that arises from your usage of the SonoSoft system. You agree to be
bound by the terms and conditions of our EULA which is hereby incorporated by
reference as if fully set forth herein.
Additional Terms
1. We may terminate this Agreement immediately without notice to you for any violation of
the SonoSoft EULA, the determination of such violation being at the sole discretion of
the company. Your account will be terminated if you violate any of the terms and
conditions of this Agreement.
2. WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY
KIND, SAVE FOR OUR PERFORMANCE GUARANTEE PROVIDED HEREIN,
INCLUDING ALL FURTHER AND ADDITIONAL EXPRESS, IMPLIED OR
STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. You understand and agree that our
services may be unavailable for extended periods of time, and we do not warrant or
ensure the continuous availability of our services. Some states do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may not apply to you. We shall not be
liable for any delay or failure to perform resulting directly or indirectly from any causes
beyond our control.
3. IN NO EVENT SHALL OUR SUPPLIERS, PARTNERS, AFFILIATES OR WE BE
LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING
NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT
OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS
LIMITED TO THE REMEDIES PROVIDED THROUGH OUR LIMITED
WARRANTY. Some states do not allow the foregoing limitations of liability, so they
may not apply to you.
4. If any provision of this Agreement is held by a court of competent jurisdiction to be
invalid or unenforceable, all unaffected provisions or elements shall remain in full force
and effect. Any failure on our part to enforce any portion of this Agreement does not
serve to waive the enforceability of the remaining portions or other breaches on your part
regarding this Agreement.
5. This Agreement sets forth the entire understanding and agreement between us with
respect to the subject matter hereof.
6. ANY DISPUTES RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER
WILL BE SUBJECT TO THE JURISDICTION OF THE APPLICABLE STATE AND
FEDERAL COURTS LOCATED IN SARASOTA, FLORIDA, AND LICENSEE AND
COMPANY AGREE TO THE PERSONAL JURISDICTION OF SUCH COURTS,
AND LICENSEE AND COMPANY WAIVE ANY RIGHT EITHER MAY HAVE TO
MOVE OR DISMISS ANY CASE BROUGHT IN SUCH COURTS.
Empower Technologies, Inc. may revise and update these Terms of Service at any time by posting an updated
version of these Terms of Service on www.NoMoreDictation.com. Your continued usage of the SonoSoft system
will mean you accept those changes. The current version of the Terms of Use will normally be available for your
reference from a link on www.NoMoreDictation.com.
We may automatically amend this Agreement at any time by informing you of the amended terms via email to an
email address you provide to us, if you are a registered account holder. Or by notification in the software itself. Such amendments will be effective Imediatly.
It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of
email blocking functionalities. Alternatively, we may merely post the amended terms on our website www.nomoredictation.com and make them available to be read. In such cases, the modified terms and conditions of this Agreement are effective and in force when posted by us.