Terms and Conditions
Agreement between User and https://emerymarketing.com
Last updated: March 6, 2022
Welcome to https://emerymarketing.com. This website (“Site”) is comprised of content including text, images, proprietary works, and ideas owned by Emery Marketing, LLC (“Emery Marketing”). This website is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”). Your use of this website constitutes your agreement to all such Terms. Please read these terms carefully.
https://emerymarketing.com is a business website. The purpose of this website is to explain the services offered by Emery Marketing, share information about the business, and provide informational content.
Visiting https://emerymarketing.com or sending emails to Emery Marketing constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site satisfy any legal requirements that such communications be in writing.
Children Under Eighteen
Emery Marketing does not knowingly collect personal information from children under the age of eighteen. If you are under 18, you may not use https://emerymarketing.com.
Emery Marketing does not offer refunds.
Links to Third Party Sites/Third Party Services
https://emerymarketing.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Emery Marketing and Emery Marketing is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Emery Marketing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Emery Marketing of the site or any association with its operators.
Certain services made available via https://emerymarketing.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from this domain, you acknowledge and agree that Emery Marketing may share such information and data with any third party with whom Emery Marketing has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of this Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Emery Marketing or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer participate in the transfer or sale, create derivative works, or in any way exploit any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will make no other use of the content without the express prior written permission of Emery Marketing. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Emery Marketing or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Emery Marketing account to third party accounts. By connecting your Emery Marketing account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Emery Marketing from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws and regulations. You agree that you will not use Emery Marketing Content accessed through https://emerymarketing.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless Emery Marketing, it’s officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including any reasonable attorney’s fees) relating to or arising out of your use or inability to use the Site or services, and any user postings made by you, your violation of any of the terms of this Agreement, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Emery Marketing reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Emery Marketing in asserting any available defenses.
In the event the parties are not able to resolve any dispute arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. If the parties cannot agree on a location, the location shall be in the state of Kansas, USA. The arbitrator’s award shall be final, and judgment may be entered upon in any court having jurisdiction. In the event that any legal or equitable actions, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Emery Marketing agree otherwise, the arbitrator may not consolidate more person’s claims, and may not otherwise preside over any form of representation or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EMERY MARKETING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
EMERY MARKETING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PRESENTED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. EMERY MARKETING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Emery Marketing reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Kansas and you hereby consent to the exclusive jurisdiction and venue of courts in Kansas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Emery Marketing as a result of this agreement or use of the Site. Emery Marketing’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Emery Marketing’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided or gathered by Emery Marketing with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Emery Marketing with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Emery Marketing with respect to the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Emery Marketing reserves the right, in its sole discretion, to change the Terms under which https://emerymarketing.com is offered. The most current version of the Terms will supersede all previous versions. Emery Marketing encourages you to periodically review the Terms to stay informed of our updates..
Emery Marketing welcomes your questions and comments regarding the terms.
Email Address: firstname.lastname@example.org
Telephone Number: (816) 514-5303
Effective as of May 20, 2021