Terms and conditions

Last updated: November 16, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE SERVICE. Welcome to EmeryHoldings LLC's services (together with its subdomains, Content and Marks, the "Service"). Please read the following Terms of Use carefully before using the Service so that you are aware of your legal rights and obligations with respect to EmeryHoldings LLC ("the Company", "We", "Us" or "Our"). By accessing or using the Service, you expressly acknowledge and agree that you are entering into a binding legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the "Terms"). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Service.

1. Modification We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Service, and your continued use of the Service thereafter means that you accept those changes.

2. Ability to Accept Terms The Service is only intended for individuals aged sixteen (16) years or older. If you are under 16 years please do not visit or use the Service.

3. Service Access During the period in which these Terms are in effect, we hereby grant you permission to visit and use the Service, provided that you comply with these Terms and applicable law.

4. Restrictions You shall not:

Copy, distribute, display, mirror, frame or modify any part of the Service, Content or Marks without our prior written authorization Use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content, except as expressly authorized herein Disrupt servers or networks connected to the Service Use or launch any automated system (including without limitation, "robots" and "spiders") to access the Service Circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Service

5. Intellectual Property Rights 5.1. Content and Marks The (i) content on the Service, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, interactive features, and services (collectively, "Materials"); (ii) User Submissions (together with the Materials, "Content"); and (iii) trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to EmeryHoldings LLC and are protected by copyright and other intellectual property laws.

5.2. Use of Content Content on the Service is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, reverse engineered, or otherwise exploited for any other purposes whatsoever without our prior written consent.

6. User Submissions

6.1. Responsibility The Service may permit the submission, hosting, sharing and publishing of Content by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.

6.2. Ownership You represent and warrant that you own or have the necessary rights and permissions to use and authorize the Service to use all Intellectual Property Rights in and to your User Submissions.

6.3. License to User Submissions By submitting User Submissions to the Company, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Service and our business.

6.4. Prohibited Content You agree that you will not display, post, submit, publish, upload or transmit a User Submission that:

Is unfair or deceptive under the consumer protection laws of any jurisdiction Is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights Creates a risk to a person's safety or health Impersonates another person Promotes illegal activities Is unlawful, defamatory, libelous, threatening, pornographic, harassing, or hateful Is malicious or fraudulent

7. Information Description We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Service is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content without notice.

8. Privacy We will use any personal information that we may collect or obtain in connection with the Service in accordance with our privacy policy which is available on our website.

9. Warranty Disclaimers THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10. Limitation of Liability TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EMERYHOLDINGS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EMERYHOLDINGS LLC EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100). 11. Indemnification

You agree to defend, indemnify and hold harmless EmeryHoldings LLC and its affiliates from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your use of the Service or violation of these Terms.

12. Term and Termination These Terms are effective until terminated by us or you. We may, in our sole discretion, terminate these Terms or suspend your access to the Service at any time and for any reason.

13. Governing Law These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of Delaware.

14. Contact Us If you have any questions about these Terms, you can contact us: By visiting this page on our website: https://emeryholdings.org/contact-us