TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE OR ITS SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN YOU MUST NOT ACCESS OR USE THIS SITE OR ITS SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF JUNE 1, 2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with the users and others which may interact or interface with eMag Solutions, LLC (“Company”), located at 1120 Sanctuary Parkway, Suite 275, Alpharetta, Georgia 30009 and its subsidiaries and affiliates, in association with the use of the Company’s website, which includes www.emagsolutions.com, (“Site”) and its services (“Services”), which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is Company’s public website and has the following description:
Visitors can learn about the Company and its products and services. Company-related content is available for download by registered visitors. There is a blog where visitors can read and leave comments on articles posted by the Company. There is a Contact Us form for visitors to connect to the Company. There are links to the Company’s social media networking sites.
Any and all visitors to the Site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for the Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through the Site and its applications, which may include some mobile applications, and that those applications may be made available on various social media networking sites and numerous other platforms, and downloadable programs, are the sole property of the Company. At its discretion, the Company may offer additional website Services and/or products, or update, modify, or revise any current content and Services, and this TOS shall apply to any and all additional Services and/or products and any and all updated, modified, or revised Services unless otherwise stipulated. The Company does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that the Company shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of the Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this TOS and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such the Company shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication, or personalization settings.
To register and become a member of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving the Services under the laws and statutes of the United States or other applicable jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to the following:
- to furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process, and
- to maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature, the Company will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the TOS, and as such refuse any and all current or future use of the Services, or any portion thereof.
It is the Company’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Site and Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to posting blog comments and downloading content. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify the Company immediately if you notice any unauthorized access or use of your account or password or any other breach of security. The Company shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by way of the Services, and as such, the Company does not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by use of the Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available by the Company.
Furthermore, you herein agree not to make use of the Services for the purpose of any of the following:
- uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
- causing harm to minors in any manner whatsoever;
- impersonating any individual or entity, including, but not limited to any Company officials, forum leaders, guides, or hosts, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- forging captions, headings, or titles, or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
- uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
- uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
- uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
- interfering with or disrupting any of the Services, servers and/or networks that may be connected or related to the Site, including, but not limited to the use of any device software and/or routine to bypass the robot exclusion headers;
- intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
- “stalking” or with the intent to otherwise harass another individual; and/or
- collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
The Company herein reserves the right to pre-screen, refuse and/or delete any content currently available through its Services. In addition, the Company reserves the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users, and/or members.
The Company herein reserves the right to access, preserve, and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for any of the following:
- compliance with any legal process;
- enforcement of the TOS;
- responding to any claim that therein contained content is in violation of the rights of any third party;
- responding to requests for customer service; or
- protecting the rights, property, or the personal safety of the Company, its visitors, users, and members, including the general public.
The Company herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by the Company or any other content providers supplying content services to the Company. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in the Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by the Services, despite whether done so in whole or in part, is expressly prohibited.
Upon registration, you hereby acknowledge that by using the Site to send electronic communications, which would include, but are not limited to email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through the Company’s computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of the Services shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of the Site you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting, and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of the Site, you thus agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited to the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- agree not to transfer any software, technology or any other technical data through the use of the Services to any export-prohibited country;
- agree not to use the Services for any military, nuclear, missile, chemical, or biological weaponry end uses that would be a violation of the U.S. export laws; and
- agree not to post, transfer, nor upload any software, technology, or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
The Company shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on the Site. Therefore, you hereby grant and allow to the Company the below listed worldwide, royalty-free, and non-exclusive licenses, as applicable:
- The content submitted or made available for inclusion on the publicly accessible areas of the Site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said content on the Site is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of the Site, and shall terminate at such time when you elect to discontinue your membership.
- Photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly accessible areas of the Site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said content on the Site are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of the Site and shall terminate at such time when you elect to discontinue your membership.
- For any other content submitted or made available for inclusion on the publicly accessible areas of the Site, the continuous, binding, and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and/or publicly display said content, whether in whole or in part, and the incorporation of any such content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of the Site are those such areas which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include the Company’s mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
The Company provides an area for users and members to contribute feedback to the Site. When you submit ideas, documents, suggestions, and/or proposals (“Contributions”) to the Site, you acknowledge and agree to the following:
- your contributions do not contain any type of confidential or proprietary information;
- the Company shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
- the Company shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- the contributor’s Contributions shall automatically become the sole property of the Company; and
- the Company is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members herein agree to insure and hold the Company and its subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of the Site may submit, post, modify, transmit, or otherwise make available through the Services, the use of the Services, or your connection with the Services, your violations of the TOS, and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell, nor exploit for any commercial reason any part, use of, or access to the Site.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that the Company may set up any such practices and/or limits regarding the use of the Services, without limitation of the maximum number of days that any email, message posting, or any other uploaded content shall be retained by the Company, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on the Site, the maximum disk space allowable that shall be allocated on the Company’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access the Services in a given period of time. In addition, you also agree that the Company has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by the Services. You also herein acknowledge that the Company reserves the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, the Company shall reserve the right to modify, alter, and/or update these general practices and limits at the Company’s discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on the Company’s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on the Site. It is your agreement to this TOS which establishes your consent to allow the Company to store any and all communications on its servers.
The Company shall reserve the right at any time it may deem fit, to modify, alter, and/or discontinue, whether temporarily or permanently, the Service, or any part thereof, with or without prior notice. In addition, the Company shall not be held liable to you or to any third party for any such alteration, modification, suspension, and/or discontinuance of the Services, or any part thereof.
As a member of the Site, you may cancel or terminate your account, associated email address, and/or access to the Services by submitting a cancellation or termination request to firstname.lastname@example.org.
As a member, you agree that the Company may, without any prior written notice, immediately suspend, terminate, discontinue, and/or limit your account, any email associated with your account, and access to any of the Services. The cause for such termination, discontinuance, suspension, and/or limitation of access shall include, but is not limited to the following:
- any breach or violation of this TOS or any other incorporated agreement, regulation, and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration, and/or material modification to the Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with the Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at the Company’s sole discretion and that the Company shall not be liable to you or any other third party with regards to the termination of your account, associated email address, and/or access to any of the Services.
The termination of your account on the Site shall include any and/or all of the following:
- the removal of any access to all or part of the Services offered within the Site;
- the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of the Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through the Services, which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty, and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that the Company shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on the Site.
Either the Company or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that the Company is not responsible for the availability of any such external sites or resources, and as such, the Company does not endorse nor is it responsible or liable for any content, products, advertising, or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused, or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods, or services made available on or through any such site or resource.
You do hereby acknowledge and agree that the Services and any essential software that may be used in connection with the Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through the Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Company or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or create any plagiaristic works which are based on the Services (e.g. content or Software), in whole or part.
The Company herein has granted you personal, non-transferable, and non-exclusive rights and/or license to make use of the object code or the Software on a single computer, as long as you do not, and shall not allow any third party to duplicate, alter, modify, create, or plagiarize work from, reverse engineer, reverse assemble, or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in, and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to the Services. Lastly, you also agree not to access or attempt to access the Services through any means other than through the interface which is provided by the Company for use in accessing the Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF THE SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. THE SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- THE COMPANY AND ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF THE SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING, AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM THE COMPANY OR BY WAY OF OR FROM THE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW, OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH THE COMPANY MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM ANY OF THE FOLLOWING:
- THE USE OR INABILITY TO USE THE SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON THE SITE; AND
- ANY OTHER MATTER WHICH MAY BE RELATED TO THE SERVICE.
In the event you have a dispute, you agree to release the Company (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts, or other information from the Services concerning companies, stock quotes, investments, or securities, please review the above sections labeled Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. The Company’s content is provided primarily for informational purposes, and no content that shall be provided or included in the Services is intended for trading or investing purposes. The Company and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted and/or made available by way of the Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand, and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
The Company may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS text messaging, postings on the Site, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing the Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Company’s trademarks, copyrights, trade names, service marks, Company logos, brand features, and/or product and service names, are trademarks and as such, are and shall remain the property of the Company. You herein agree not to display and/or use in any manner the Company logo or marks without obtaining the Company’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
The Company will always respect the intellectual property of others, and the Company asks that all users do the same. With regards to appropriate circumstances and at its sole discretion, the Company may disable and/or terminate the accounts of any user who violates this TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to the Company the following information:
- the electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- a description of the location on the Site which you allege has been infringing upon your work;
- your physical address, telephone number, and email address;
- a statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law; and finally
- a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Company agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
eMag Solutions, LLC
Attn: Copyright Agent
1120 Sanctuary Parkway, Suite 275
Alpharetta, Georgia 30009
This TOS constitutes the entire agreement between you and the Company and shall govern the use of the Services, superseding any prior version of this TOS between you and the Company with respect to the Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Company Services, affiliate Services, third-party content, or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and the Company with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Georgia without regard to its conflict of law provisions and that any and all claims, causes of action, and/or disputes, arising out of or relating to the TOS, or the relationship between you and the Company, shall be filed within the courts having jurisdiction within the County of Fulton, Georgia, or the U.S. District Court located in said state. You and the Company agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should the Company fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of the Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose, or shall be forever barred.
Please report any and all violations of this TOS to the Company as follows:
eMag Solutions, LLC
1120 Sanctuary Parkway, Suite 275
Alpharetta, Georgia 30009
eMag New York
New York, New York 10006
1120 Sanctuary Parkway
Alpharetta, Georgia 30022
eMag EMEA & APAC
2A Oaktree Court
Cardiff Gate Business Park
© eMag Solutions 2018