Privacy Policy & Terms of Use

Privacy Policy

At EmmeNation.com we recognize the importance of protecting the privacy of personally identifiable information collected about you. In adopting this privacy policy, our intent is to balance our interests in collecting and using information against your reasonable expectations of privacy.

EmmeNation does not collect personally identifying information about individuals, except when specifically and knowingly provided by such individuals.

EmmeNation may place a “cookie” on the browser of a user’s computer. The cookie itself does not contain any personally identifying information. A cookie can be used to tell when your computer has contacted a Web site; we use the information for editorial purposes and so we can customize delivery of information without compromising privacy.

Technology on the Internet is developing at a rapid pace, and we need to maintain our flexibility in the online arena. If we need to change our policy in the future, we will post these changes as soon as they go into effect.

Website Disclaimer

Terms Of Use Agreement

Welcome to EmmeNation.com owned and operated by Emme Associates, Inc. (“Emme”). By using the “Emme” website, service(s) and or any services actual or implied thereof, including but not limited to any links, third-party links, connections, chatrooms, blogs, groups, information of any kind, the searching for any service, product, website(s), location, contact, place, person, entity, messaging, chat, email, data, file viewing, media playing, file sharing, games, internet navigation, search, etc. (collectively the “Service(s)”), “You” ["Your"] (including but not limited to any person, third party, viewer, internet or web surfer, entity, company, corporation, limited liability company visitor, user, logged on person, etc. to the “Emme” website) accept and agree to be bound by the following terms and conditions (the “Terms of Use”). Nothing in the Terms of Use Agreement should be construed to confer any rights to any third party beneficiaries. Your Acceptance Thank “You” for using and/or visiting the “Emme” website (collectively, “Emme” which includes but is not limited to all Content available through the “Emme” domain name, the “Emme Website”, “”Emme” Website Links” or any of the “Emme” services as described herein), “You” are required to review this Terms Of Use Agreement (Policy). By using and/or visiting this website, “You” are acknowledging and therefore accepting all of the terms and conditions as described in this Term Of Use Agreement. If you do not agree to any of these terms, then please do not use the “Emme” Website. Please note that this Term Of Use Agreement is subject to change without notice.

1. Ability to Accept Terms of Service

1.1. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of thirteen (13), as the “Emme” Website is not intended for children under the age of thirteen (13). If you are under thirteen (13) years of age, then please do not use the “Emme” Website.

2. Service

2.1. Use Of Services.

2.1.1. As stated above when “You” entered/logged onto “Emme” “You” agreed to the terms and conditions contained in this agreement. The use of this Website/software, including any third party software made available in conjunction with this software, and “You” hereby agree that it is for Noncommercial Use Only and it is for “Your” personal use only.

2.1.2. Prohibited Actions

2.1.2.1. “You” may not distribute any services or software associated withor derived from “Emme”, nor modify, copy, license, or create derivativeworks from “Emme”

2.2. Accounts

2.2.1. In order to access some features of the “Emme” Website and/or services, “You” may/will have to create an account. “You” may never use another’s account without permission. When creating “Your” account, “You” must provide accurate and complete information. “You” are solely responsible for the activity that occurs on “Your” account, and “You” must keep “Your” account password secure.

2.2.1.1. “Emme” will not be held responsible or liable for any losses caused by any use of “Your” account, authorized or unauthorized, “You” will be held liable for any losses Incurred by “Emme” or others due to any misuse of “Your” account either authorized or unauthorized.

2.3. Fees.

2.3.1.1. “You” hereby acknowledge that “Emme” at their sole discretion, reserves the right to charge for Membership and/or Services and to change its fees from time to time in its sole discretion. In the event “Emme” terminates “Your” Membership for any, “You” shall not be entitled to the refund of any unused portion of any fees paid.

2.4. Member Passwords.

2.4.1. In the Event “You” sign up to become a Member of “Emme” websiteand/or any of the “Emme” services, “You” will also be asked to choose apassword. “You” are entirely responsible for maintaining the confidentialityof “Your” password. “You” do hereby agree not to use the account, username, or password of another Member at any time or to disclose “Your” password to any third party. “You” do hereby agree to notify “Emme” immediately if you suspect any unauthorized use of “Your” account or access to your password. “You” are solely responsible for any and all use of Your” account.

2.4.2. Member Disputes.

2.4.2.1. You are solely responsible for your interactions with other “Emme” Members. “Emme” reserves the right, but has no obligation, to monitor disputes between you and other Members.

3. Modifications.

3.1.1. “Emme” may modify the Terms of Use at any time for any reason, and without notice (unclear). 3.1.2. Unauthorized attempts to modify or modifications of any information stored on “Emme” web pages may result in criminal prosecution.

4. “Your” (User) Obligations.

4.1. “You” shall be responsible for all content provided by “You” and or actions “You” perform on the site and “You” hereby agree to hold “Emme” harmless for same.

4.2. Appropriate Conduct. “You” shall not, and shall not allow any third party to: (a) edit, modify, truncate, filter or change the order of the information contained in any webpage (either individually or collectively), including, without limitation, by way of commingling pages with non-”Emme” provided pages or advertising; (b) frame any “Emme” Page; (c) display any “Emme” Page in pop-up, pop-under, exit windows, expanding buttons, or animation; (d) display any “Emme” Page to any third parties other than End Users; (e) minimize, remove or otherwise inhibit the full and complete display of any Page; (f) directly or indirectly access, launch and/or activate the Service through or from, or otherwise incorporate the Service in, any form, Web site or other means other than the Site, and then only to the extent expressly permitted herein; (g) transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau or other unauthorized purposes any Service or access thereto (including, but not limited to “Emme” Page, or any part, copy or derivative thereof); (h) enter into any arrangement or agreement under which any third party pays “You” fees, “You” pay any third party fees, or either shares in any revenue payments and/or royalties for any “Emme” Page; (i) directly or indirectly generate queries, or impressions of or clicks on “Emme” Page, through any automated, deceptive, fraudulent or other invalid means (including, but not limited to, click spam, robots, macro programs, and Internet agents); (j) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any “Emme” Service or any other “Emme” technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation; (k) remove, deface, obscure, or alter “Emme’s” copyright notice(s), trademark(s) or other proprietary rights notices affixed to or provided as a part of any Service or any other “Emme” technology, software, materials and documentation; (THIS is necessary to search engines indexing the site)(m) create or attempt to create a substitute or similar service or product through use of or access to any of the Service or proprietary information related thereto; and/or (n) engage in any action or practice that reflects poorly on “Emme” or otherwise disparages or devalues “Emme’s” reputation or goodwill.

4.3. The “Emme” Site does not contain any pornographic, hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights, in the event “You” upload, send, display, communicate, transfer, deliver, link etc. in any manner any of the aforementioned “You” hereby agree to be fully responsible and liable for said actions and do hereby agree to hold “Emme” harmless for any of “Your”" actions.

5. Distribution

5.1. Except where the making of a copy is permitted under Division 4A of the Copyright Act 1968 without “Emme’s” permission, (Cth) , “You” may only make copies of “Emme” and distribute them to others after “You” have obtained “Emme’s” permission and provided that any such recipient has had an opportunity to review and agrees in writing to be bound by these Terms and Conditions. If others to whom “You” would like to distribute “Emme” do not have this opportunity to review and agree to these Terms and Conditions but “You” would still like to distribute copies to them, “You” may do so provided that “You” have the legal right to bind each of those third parties to these Terms and Conditions. If “You” do not have this right and the recipients do not have an opportunity to review and agree to these Terms and Conditions, “You” may not distribute “Emme”to them.

6. Advertising.

6.1. “Emme” shall have the exclusive right to serve advertisements on any Web pages that contain the Results provided by “Emme”. “You” shall not in any way or for any purpose (including for purposes of advertising) frame any Results or Results Page provided by “Emme”.

7. Proprietary Rights

7.1. “Emme” Intellectual Property Rights.

7.1.1. For purposes of the Terms of Use, “Emme” “Intellectual Property Rights” shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

7.1.1.1. “Intellectual Property Rights” further means any and all rights existing from time to time under patent law, copyright law, trade secret law, and any and all other proprietary rights whether or not capable of registration, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. Unless in accordance with a provision of the Copyright Act 1968 (Cth) (which by law may not be effectively excluded),”You” must not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from “Emme” or attempt to extract any portions of “Emme” files for use in other applications. “You” also agree to not remove, obscure, or alter “Emme’s” or any third party’s copyright notice, trade marks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through “Emme” Website.

7.1.2. “You” hereby acknowledge that “Emme” owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Services (including all “Emme’s” technologies and all “Emme” Services), including but not limited to all Features, Technology, Contacts, Affiliates and Brand Features and all items as described in this agreement including but not limited to all items as described in Article 7 herein, and that “You” shall not acquire any right, title, or interest in or to the Service (including “Emme’s” technologies and “Emme” Brand Features) for any reason.

7.1.2.1. Brand Features. For purposes of this Terms of Use Agreement, “Brand Features” shall be defined as the website, content contained therein, products, trade names, trademarks, copyrights, emails, service marks, logos, domain names, and other distinctive brand features of “Emme”.

7.1.3. “You” hereby agree that all of the aforementioned are nontransferable and nonsublicenseable in any manner.

7.2. “You” hereby agree not to attempt to transfer, sublicense and/or register any Brand Features (including but not limited to domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of “Emme”.

7.3. “You” acknowledge that “Emme” and third parties own all right, title and interest in and to the website “Emme” and software provided through or in conjunction with “Emme”, including without limitation all Intellectual Property Rights as described herein.

8. Copyright and Trademark Limitations

8.1. “Emme” has made the content of these pages available to the public and anyone may view the “Emme” website without obligation (with the exception of the terms of use) to “Emme” unless otherwise stated on any particular material or information to which a restriction on free use may apply. However, “Emme” makes no warranty that materials contained herein are free of Copyright or Trademark claims or other restrictions or limitations on free use or display. Making a copy of such material may be subject to the copyright of trademark laws.

8.2. Logos

8.2.1. Use and display of the “Emme” logos are strictly forbidden and are restricted by law .

9.1. It is “Emme’s” policy to comply with the Digital Millennium Copyright Act.

10. Privacy Policy.

10.1. “Emme’s” collection and use of personal information is governed by “Emme’s” Privacy Policy, “You” understand and agree that “Emme” may access, preserve, and disclose “”Your” personal information and the contents of “”Your” account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of “Emme”, its affiliates or the public. Personal information collected by “Emme” may be stored and processed in the United States or any other country in which “Emme” or its agents maintain facilities. By using the Service, “You” consent to any such transfer of information outside of “Your” country.

10.2. Consent to Collect Non-Personal Information

10.2.1. When “You” log onto “Emme”, “Emme” may collect certain nonpersonally identifiable information including, without limitation. This information will be used by “Emme” only for purposes of operating and improving future versions of “Emme” and will not be disclosed to any third party or used for any purpose other than as described in this agreement.

10.3. Intrusion Detection

10.3.1. “Emme” website is subject to monitoring at all times to assure proper functioning of the systems, to provide security for the system’s operation and information contained therein, to prevent unauthorized use, and to deter and investigate violations of law. In accordance with same there is no reasonable expectation of privacy in the use of this website.

10.4. U.S. Export Controls.

10.4.1. Any and all Software (the “Software”) available in connection with the “Emme” website and/or Services is further subject to United States export controls. No Software may be downloaded from the “Emme” website and/or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any Software is at your sole risk.

11. Warranties and Disclaimers.

11.1. Endorsement Disclaimer

11.1.1. Reference in the “Emme” web site to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the users of “Emme” website, and does not constitute endorsement, recommendation, or favoring by “Emme” or it’s officers, employees or agents.

11.2. Product Disclaimers

11.2.1. Every effort has been made to accurately represent all of the products and services on the “Emme” website.

11.2.2. All products carry manufacturer warrantees, “Emme” has no responsibility for product defects of any kind. In the event a product is to be returned to “Emme”, the return (for any reason) must be pre-approved and the purchaser must receive a return authorization number (RAN) prior to returning any product for any reason.

11.2.3. “Emme” and/or the manufacturer of the product, at their sole discretion has the right to replace the product and or issue a credit or refund for the product, less all re-stocking, shipping and handling charges

11.2.4. Notify “Emme” of the problem at “Emme”returns.com and upon receipt of the RAN send the product to “Emme” located at PO Box 546, Closter, NJ 07624.

11.2.5. Return the product in a manner that “You” consider safe, “Emme” is not responsible for non-receipt of the returned product.

11.2.5.1. “Emme” nor the manufacturer will accept any damaged products nor will be responsible for replacement of any damaged products.

11.2.5.2. “You” are responsible for all shipping and handling charges for returned merchandise.

 

11.2.6. “You” will be notified within thirty (30) days after “Emme” receives the product of the determination of the manufacturer.

11.2.6.1. In the event the product is to be replaced by “Emme” or the manufacturer, “You” will be responsible for all shipping and handling charges in connection with replacing and shipping the product to “You”.

11.2.6.2. In the event of a refund “Emme” will notify you of same including the amount to be refunded less all applicable charges.

11.2.7. “Emme” is not responsible for any liability associated with the products or services purchased by “You”..

11.3. Information Disclaimer

11.3.1. “Emme” makes great efforts to provide secure, accurate and complete information on this web site. However, portions of the information contained in this site may be incorrect or not current. “Emme” is not responsible nor liable for any errors or omissions contained therein.

11.3.2. The “Emme”, it’s officers, employees or agents shall not be liable for damages or losses of any kind arising out of or in connection with the use or performance of information, including but not limited to, damages or losses caused by reliance upon the accuracy or timeliness of any such information, or damages incurred from the services, viewing, distributing, or copying of any materials contained on “Emme” website.

11.4. The materials and information provided on this website are provided “as is.” No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this web site or its hyperlinks to other Internet resources.

11.5. Links to Other Sites

11.5.1.1. “Emme” website and materials contained therein may contain hypertext or links to other internet computer sites, which are not owned, operated, controlled or reviewed by “Emme”. These links are provided solely as a courtesy and convenience to “You”, the visitor. “Emme”, it’s officers or employees, exercise no control over the organizations, views, accuracy, copyright or trademark, compliance or the legality of the material contained on those servers and do not sponsor, endorse, or approve the information, content, proceeds, materials, opinions or services contained on such external third-party sites. “You”, the visitor proceeds to those external sites at their own risk. “Emme” specifically disclaims any and all liability from damages, which may result from the accessing of a third-party site, which is linked to the “Emme” website, or from reliance upon any such information.

11.5.1.2. “Emme” website is provided “as is”. “Emme” hereby disclaims solely to the extent permitted by law all express, implied and statutory warranties, conditions and terms including, without limitation, those regarding the security, reliability, timeliness, and performance of “Emme”

11.6. Website Warranty Disclaimer

11.6.1. YOU AGREE THAT YOUR USE OF THE “Emme” WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, “Emme”, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. “Emme” MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE “Emme” WEBSITE. “Emme” DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE “Emme” WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND “Emme” WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

11.7. YOU SPECIFICALLY ACKNOWLEDGE THAT “Emme” SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11.8. Proprietary Rights in Content.

11.8.1. “Emme” does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the “Emme” Services. After posting your Content to the “Emme” Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose in accordance with the terms of this agreement.

11.8.2. You hereby grant to “Emme” the right to edit, modify and delete any part of or all of the content you post at the sole discretion of “Emme” for any reason or for no reason.

11.8.3. You are solely responsible for the Content that you post on or through any of the “Emme” Services, and any material or information that you transmit to third parties and for your interactions with other Users. “Emme” does not endorse and has no control over the Content. Content is not necessarily reviewed by “Emme” prior to posting and does not necessarily reflect the opinions or policies of “Emme”. “Emme” makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to third parties.

11.8.4. 5. User Submissions

11.8.4.1. The “Emme” Website may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, “Emme” does not guarantee any confidentiality with respect to any submissions.

11.8.4.2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize “Emme” to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the “Emme” and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by “Emme” and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions.

11.8.4.3. You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant “Emme” all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage “Emme” or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. “Emme” does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and “Emme” expressly disclaims any and all liability in connection with User Submissions. “Emme” does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and “Emme” will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. “Emme” reserves the right to remove any Content and any User Submissions without prior notice and at its sole discretion for any reason. “Emme” will also terminate a User’s access to its Website, at their sole discretion. “Emme” also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. “Emme” may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

11.8.4.4. You understand that when using the “Emme” Website, you will be exposed to User Submissions from a variety of sources, and that “Emme” is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against “Emme” with respect thereto, and agree to indemnify and hold “Emme”, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

11.8.4.5. “Emme” permits you to link to materials on the Website for personal, non-commercial purposes only. “Emme” reserves the right to discontinue any aspect of the “Emme” Website at any time.

12. Limitation of Liability

13. Subject to anything stating the contrary in these terms and conditions, “Emme” shall not be held be liable in contract, tort (including, without limitation, negligence), or any representations arising out of or in connection with “Your” use of the “Emme” Website and or service including but not limited to (a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, or cost of substitute services); (b) warranties or other rights by any third party; and (c) Under no circumstances shall “Emme” be liable to any user due to the user’s misuse of “Emme” website or services nor shall “Emme” be liable for any matter which is outside “Emme’s” reasonable control.

14. ” Emme” MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE AND BRAND FEATURES. THE SERVICE AND BRAND FEATURES ARE DISTRIBUTED AND PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. “Emme” DOES NOT WARRANT THAT THE “Emme” SERVICE AND BRAND FEATURES WILL MEET “YOUR” REQUIREMENTS OR THAT PERFORMANCE OF THE SERVICE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING ANY ERRORS OR OMISSIONS IN THE RESULTS OBTAINED THROUGH USE OF THE SERVICE. “Your” (User) Warranties.

14.1. “You” warrant that: (1) all information provided by “You” to “Emme” in connection with any Services is true and accurate; (2) Upon logging onto the “Emme” website “You” hereby agree that “You” have read, understand and agree to “Emme’s” terms and conditions as set forth herein; (3) “You” have full power and authority to enter into the Terms of Use Agreement ; (4) “Your” Content (defined as all websites, products, services, information, editorial, text, graphic, audiovisual, and any other content that is served to any “Emme” User(s) of the “Emme” Site and that is not provided by “Emme”), or Site link is solely “Your” responsibility and does not (a) infringe any Intellectual Property Rights of any third party, (b) constitute defamation, libel or obscenity, (c) result in any consumer fraud, product liability, breach of contract to which “You” are a party or cause injury to any third party, (d) promote violence or contain hate speech, (e) violate any applicable law, statute, ordinance, or regulations, or (f) contain adult content or promote illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age; (5) “You” agree to the Terms of Use; (6) “You” shall perform all of “Your” obligations under the Terms of Use in accordance with applicable laws; and (7) “You” do hereby agree to hold “Emme” harmless from any liability or damages derived from any of the aforementioned items.

15. “Your” (User) Indemnification.

15.1. “You” will indemnify, defend, and hold “Emme” harmless from any lawsuit including any third party lawsuit or proceeding brought against “Emme” based upon a claim that would constitute a breach of any warranty, representation or covenant made by “You” under the Terms of Use Agreement either written or implied and any third party lawsuit or proceeding brought against “Emme” based upon a claim that “Your” website, link or “Your” content or actions do not infringe any copyright, trade secret or trademark of the third party.

15.2. “Your” indemnification will include (1) all “Emme’s” attorneys’ fees and costs associated with the defense of such a claim, (2) all “Emme’s” damages and costs associated with the claim and (3) the full cost of any losses by “Emme” associated with the claim.

16. Limitation of Liability.

16.1. “Emme” SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE TERMS OF USE OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY THEORY OF LIABILITY INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE “Emme” SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY. THIS LIMITATION SHALL APPLY EVEN IF “Emme” WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE “Emme” SERVICE(S) ARE PROVIDED WITHOUT CHARGE AND “YOU” AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THE TERMS OF USE. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO “YOU”. IN THE EVENT THAT A COURT DETERMINES THAT “Emme” MAY NOT DISCLAIM THE DAMAGES SET FORTH ABOVE, UNDER NO CIRCUMSTANCES SHALL “Emme” BE LIABLE TO “YOU” FOR ANY AMOUNT EXCEEDING ONE HUNDRED DOLLARS ($100.00).

17. Term and Termination.

17.1. Term.

17.1.1. The term of the Terms of Use (the “Term”) shall commence each and every time (date and time upon which “You” enter the site) “You” enter the “Emme” Website and shall continue in force for the extent of time “You” use the website or any affiliate site.

17.1.2. The terms and conditions contained herein will continue to be in effect in perpetuity and “You” will be responsible and held liable for any default of any of the restrictions as contained herein.

17.2. Termination.

17.2.1. “Emme” may change, suspend or discontinue all or any aspect of any of the Terms Of Use Agreement, The Website, The Service(s), including their availability, at any time, and may terminate “Your” use of the Service at any time, for any reason, or for no reason including, but not limited to, if “You” engage in any action that reflects poorly on “Emme” or otherwise disparages or devalues the “Emme” site(s) or “Emme’s” reputation or goodwill.

18. Rejection of Application.

18.1. “Emme” shall have the right, in its sole discretion, to reject any request to use the “Emme” Service(s) at any time and for any reason, and such rejection of any request shall not make “Emme” liable to “You” for damages of any sort resulting from its decision.

18.2. Remedies.

18.3. “You” acknowledge that “Your” breach of any of the restrictions contained herein may cause irreparable harm to “Emme”, the extent of which would be difficult to ascertain. Accordingly, “You” agree that, in addition to any other remedies to which “Emme” may be legally entitled, “Emme” shall have the right to seek immediate injunctive relief against “You” or any other third party in the event of a breach of by “You”.

19. Miscellaneous.

19.1. Any notice to “Emme” required for or permitted by the Terms of Use shall be in writing and shall be delivered as follows with notice deemed given as indicated: (i) by personal delivery when delivered personally, (ii) by overnight courier upon written verification of receipt, or (iii) by certified or registered mail, return receipt requested, upon verification of receipt. All notices to “Emme” must be sent to the attention of the “Emme” Legal Department at the “Emme” Headquarters address as provided at: PO Box 546, Closter, NJ 07624.

19.2. The Terms of Use will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles. Any dispute or claim arising out of or in connection with the Terms of Use shall be adjudicated in Bergen County, New Jersey .

19.3. The parties are independent of each other and neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other.

19.4. “Emme” shall not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder for any reason including but not limited to strikes, shortages, riots, insurrection, fires, flood, storm, explosions, connections (internet or otherwise), availability of service(s), electrical, earthquakes, acts of God, war, governmental action, or any other cause, which is beyond the reasonable control of such party. “You” shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of “Your” obligations under the Terms of Use.

19.5. The failure of “Emme” to require performance by “You” of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by “Emme” of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

19.6. If any provision of the Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of the Terms of Use shall remain in full force and effect.

19.7. THE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF. THE TERMS OF USE SUPERSEDE, AND THE TERMS OF THE TERMS OF USE GOVERN, ANY OTHER PRIOR OR COLLATERAL AGREEMENTS WITH RESPECT TO THE SUBJECT MATTER HEREOF.

19.8. No Joint Venture. Nothing herein shall be construed as creating a joint venture or a partnership between the parties and that the terms described herein do not constitute any agency relationship between the parties.

19.9. Third Party Rights. The parties acknowledge and agree that nothing contained herein shall be construed as creating a third party beneficiary.

19.10. Waiver Remedies Cumulative. The rights and remedies of the parties to this agreement are cumulative and not alternative. Neither any failure nor any delay by a party in exercising any right, power or privilege under this agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise or any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right of this agreement to remain in full force and effect. Any provision of this agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent nor held invalid or unenforceable.

19.11. Construction. The headings of Articles and Sections in this agreement are provided for convenience only and shall not affect its construction or interpretation.

BY ENTERING THIS WEBSITE I ACKNIOWLEDGE THAT I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.