Terms of Service
Date: 07 Nov 2019
You acknowledge and agree that the content displayed on or through this Website, including without limitation all information, data, text, software, photographs, graphics, video, or other materials (the “Content”) is copyrighted by us or our licensors under United States of America and international copyright laws. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. The “Emerge logo” and certain other words and logos displayed on this Website and which may or may not be designated on this Website by a “TM” “®” “SM” or other similar designation, constitute trademarks, trade names, or service marks (collectively, “Marks”) of Emerge or other entities. You are not authorized to use any such Marks without our prior written consent. Ownership of all such Marks and the goodwill associated therewith remains with us or our respective licensors. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any information displayed on this Website, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with prior written permission from us.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE OR THE CONTENT SHALL BE AT YOUR SOLE DISCRETION AND RISK. THIS WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, EMERGE DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. EMERGE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THIS WEBSITE OR THE CONTENT OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS WEBSITE OR THE CONTENT. EMERGE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE QUALITY OF THE SERVICES PROVIDED BY THIRD PARTY SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO, ANY DRIVING DIRECTIONS PROVIDED FOR THE ROUTING OF VEHICLES.
Limits of Liability
IN NO EVENT SHALL EMERGE OR ITS AFFILIATES, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THIS WEBSITE.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Emerge, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Website or the Content or your breach of any representations, warranties, covenants or obligations contained in these Terms.
Links to Other Sites
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website is provided by EmergeTech, Inc. 3055 E Del Camino Dr., Scottsdale, AZ 85258, United States of America. If You have a question or complaint regarding the Website, please contact Michael Brooks II at [email protected] You may also contact Us by writing us at EmergeTech, Inc. 3055 E Del Camino Dr., Scottsdale, AZ 85258. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, USA, excluding its conflicts of laws principles. If any dispute relating in any way to these Terms or your use of this Website shall be submitted to confidential arbitration in Phoenix, Arizona, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersede any and all prior or contemporaneous agreements or understandings, written and oral.