EMRALS
PRIVACY POLICY
INTRODUCTION
Welcome! The following privacy policy (the “Privacy Policy”) outlines the types of personal information that Emrals, Inc. (“we,” “our,” or “us”) collects when operating Emrals services through our website http://www.emrals.com/ and through our mobile app and connected device eCan (collectively, “Emrals” or the “Service”).
We try to collect as little information as possible while still providing you with a quality service. Your privacy is important to us, and we work hard to protect your personal information and ensure that information is kept private and secure. If you have any questions, please send us a note at [email protected].
HOW YOU ACCEPT THIS POLICY
When you visit Emrals, sign up for an account, download the app, interact with the eCan, or otherwise provide us with any personal information you consent to the terms and conditions of this Privacy Policy.
INFORMATION WE COLLECT AND WHY
In order to provide you with a high quality service and verify your identity, we collect various types of information when you visit Emrals and when you create an account at http://www.emrals.com/accounts/signup/.
As a Visitor
We may collect various types of anonymous information about visitors who use our Service, such as device-related information (e.g., device, browser, IP address) and server log information (e.g., date and time of day of your visit). You can also choose to share your geographical location with us when you use the page “Dirt Alerts” of the Service. We use this information to better understand our visitors and to enhance your experience.
As a User
When you create a user account, we will also collect certain personal information such as your first and last name, email address, and password as part of your user profile. We use this information to validate your identity and ensure that you receive important information, such as receipts and alerts generated by Emrals.
If you choose, you can optionally store additional information, such as your phone number, street address, social media profiles, occupation, birthday, and more.
The Service keeps track of your trash-emptying habits, your posts on the Service, the Dirt Alerts you create or respond to, the badges you earned while using the Service and the history of payments you've made through the Service (including payment made to buy an eCan). This data allows Emrals to generate useful reports for you and for our community.
We may also collect various other types of personal information related to your use of Emrals. For example, we may ask for additional information if you contact us for technical support. We may collect hardware addresses or unique user identifier numbers. We may also collect a picture of you, your contacts and your GPS location if you download our mobile app.
CREDIT CARDS
If you pay your eCan (or make other payments) through Emrals, we will gives you the option of saving credit cards to speed up future payments. Credit card numbers are NOT stored in the Emrals database, but are securely stored.
THIRD PARTY SERVICES
With your permission, we may also collect login credentials for third party social networks such as Facebook, Google+, Twitter and LinkedIn (collectively “Third Party Services”). Possible uses include: making it easier to set up your Emrals account and making it easier for you to share information about your use of the Service and pictures of your dirt alerts.
If you authorize us to connect with these Third Party Services, you grant us the permission to collect certain personal information, such as your name, email address, and any other information that the third party service makes available to us. Your use of Third Party Services is governed by their terms of service and privacy policies. We will use and disclose such information in accordance with this privacy policy.
COOKIES
We may set and access cookies on your device when you use Emrals. When logging into the Site, a cookie is sent to your device that identifies your user account and allows you to successfully access the site. A “cookie” is a small file containing a string of characters that is sent to your computer and stored on your device when you visit a website. You are not required to accept any cookies; however if cookies are impaired or disabled, you may not be able to log in successfully and/or some features of Emrals may not function properly.
ANALYTICS
We may use a tool called “Google Analytics” to collect information about your usage of Emrals. Google Analytics collects information such as how often you visit the Service, what pages you visit when you visit the Service, and what other sites you used prior to coming to the Service. We only use the information we get from Google Analytics to improve our Service. Google Analytics only collects the IP address assigned to you on the date you visit Emrals, not your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your computer to identify you as a unique user the next time you visit, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your use of Emrals is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.
You can prevent Google Analytics from recognizing you on return visits to Emrals by disabling cookies on your browser. You can opt out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on here.
HOW WE USE YOUR PERSONAL INFORMATION
Your personal information is primarily used for the creation of a Emrals user account profile. We also use your personal information to enhance your user experience, maintain your user profile, understand how our Service is used, and protect the security of Emrals.
As part of this process, we may aggregate some of your personal information in certain data analysis, and may display this information publicly or provide it to others. When aggregating personal information, we make sure that the information is not identifiable to any particular user.
WHEN DO WE SHARE YOUR PERSONAL INFORMATION
We will never sell, rent, or trade any information that you provide us or share any of your information with any third parties, except as provided below.
We may disclose personal information in response to service of legal process, such as a court order, summons, subpoenas, or as permitted or required by law when we reasonably believe it is necessary or appropriate to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Service.
We may disclose potentially personally-identifying information to employees, contractors, and affiliated organizations that: (i) need to know your personal information in order to provide services available on Emrals; and (ii) have agreed not to disclose your information to others. Some of these employees, contractors, or affiliated organizations may be located outside of your home country. By using Emrals, you consent to the transfer of such information to them.
Information about our users, including personal information, may be disclosed or transferred to entities, now or in the future, affiliated with us or as part of any merger, acquisition, change of control, debt financing, insolvency, bankruptcy or sale of our assets. Such information may be used in the businesses of any entity so receiving it.
DATA RETENTION
Emrals will retain your data for the life of the Service. If you delete your account, only your personal information will be deleted. The dirt alerts your posted on the Service and your interactions with the Service will be kept.
CHILDREN
Emrals is not intended for and may not be used by children under the age of 13. We do not knowingly collect information from children under the age of 13 and we do not target our Service to children under the age of 13. You cannot sign up for a user account if you are under 18. If you learn that a child under the age of 13 has created a user account with Emrals or provided us with personally identifiable information, please contact us at [email protected].
YOUR CHOICE AS A USER
Once your Emrals user account profile has been created, you can review and revise that information. If you have any problems, you may also contact us at [email protected].
PROTECTION OF PERSONAL INFORMATION
We employ several physical and electronic safeguards to keep your information safe, including encrypted user passwords.
Even with all these precautions, we cannot fully guarantee against the access,
disclosure, alteration, or deletion of data through events such as, but not limited to,
hardware or software failure or unauthorized entry or use.
ONLINE TRACKING
Online tracking is the collection of data about an individual’s Internet activity used to deliver targeted advertisements and for other purposes. Emrals does not track users over time and across third party websites to provide targeted advertising.
HOW WE RESPOND TO DO NOT TRACK SIGNALS
Customers using certain browsers have the ability to activate a “Do Not Track” signal. Users are not tracked over time and across third party websites to provide targeted advertising and therefore Emrals does not currently respond to the “Do Not Track” signal.
CHANGES TO THIS POLICY
We may modify this Privacy Policy at any time. Any changes to the Privacy Policy will be reflected on this page and will become effective immediately upon posting. If the changes are significant, we will do our best to notify you via email or through a notification. Please check the effective date below to determine if there have been any changes since you have last reviewed the Privacy Policy.
YOUR RIGHTS AS A CALIFORNIA RESIDENT
Residents of California have the right to request from us certain information with respect to the types of personal information we share with third parties for those third parties’ direct marketing purposes and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To exercise your rights, you may make one request each year by emailing us at [email protected]. Your request should specify your full name and the email address you used when submitting personal information to us.
INTERNATIONAL USERS & VISITORS
Emrals is hosted in the United States. Because the Internet is global, you should note that by providing your personal information as an international visitor or user, you are: (i) permitting the transfer of your personal information to the United States which may not have the same data protection laws as the country in which you reside; and (ii) permitting the use of your personal information in accordance with this Privacy Policy.
QUESTIONS
MAILING ADDRESS
NYIT Incubator
26 W 61st Street #402
New York, NY, 10023
EFFECTIVE DATE: March 15, 2015
TERMS OF USE
Welcome! Please read these Terms of Use (the “Agreement”) carefully, as they contain the legal terms and conditions that govern your use and access our website http://www.emrals.com/ and our mobile application (collectively the “Service” or “Emrals”). This Agreement governs your use of Emrals and constitutes a legally-binding agreement between you and Emrals, Inc. (“We”, “Us”, or “Our”). This Agreement does not govern Emrals eCans, which are subject to a separate agreement https://www.emrals.com/terms/ecan . If you have any questions about this Agreement, feel free to send us a note at [email protected].
FOR HUMANS
Emrals is an online platform for connecting users. We let you post photos of physical areas that require cleanup and also attach a value of Emrals digital currency to the cleanup task. When a user cleans the area up and submits their own photo of the cleaned area, the Emrals digital currency transfer from one user to the other. Sometimes, a third party will be required to confirm the cleanup. If so, that party will also receive some portion of the allotted Emrals digital currency.
Everything below this section constitutes a legally binding contract and we encourage you to read it. These are the main points, in plain English:
ACCEPTANCE OF AGREEMENT
By accessing Emrals or otherwise browsing, searching, or using Emrals, you acknowledge that you have read, understood and agree to this Agreement, the Emrals Privacy Policy (http://www.emrals.com/privacy-policy), and agree to any future modifications or additions thereto.
We reserve the right to revise and amend this Agreement from time to time in our sole discretion. Any changes to this Agreement will be posted on http://www.emrals.com/ or in the legal section of our mobile application. If you are a registered user of Emrals, we will attempt to notify you of material modifications to this Agreement when you log onto Emrals. However, you should periodically check this Agreement for any modifications. If you do not agree to any modifications to this Agreement, your sole remedy is not to use Emrals.
ACKNOWLEDGEMENT OF RISKS (INCLUDING DIGITAL CURRENCY RISKS)
Emrals provides an online platform: (i) for a user to upload a picture of an area requiring cleanup, and to attach an Emrals digital currency value for completing the cleanup project; (ii) for a user to upload a picture of a completed cleanup project; and (iii) for users to transfer Emrals digital currency upon the completion of a cleanup project to others.
Use of Emrals carries with it risk. Cleanup tasks, involving cleaning garbage and other items may result in serious injury. EMRALS ASSUMES NO RESPONSIBILITY FOR ANY INJURY RESULTING FROM A USER PERFORMING A CLEANUP TASK. EMRALS USERS SHOULD USE CAUTION AND WEAR PROPER PROTECTION WHENEVER PERFORMING A CLEANUP TASK. EMRALS FURTHER REMINDS ITS USERS TO DECLINE AN AREA IF DOING SO WOULD BE DANGEROUS.
Emrals digital currency is a cryptocurrency and its use also carries significant risks not generally shared by official currencies backed by central governments. Unlike the dollar, pound, euro, yen, and other currencies, cryptocurrencies are built using open source technologies that are backed only by technology and trust. There is no central bank that can take corrective measures to protect the value of cryptocurrencies in a time of crisis. The value of cryptocurrencies may collapse because of unexpected changes imposed by developers of the open source software, a government regulation or prohibition, or the creation of superior or competing alternative currencies. The value of cryptocurrencies might also collapse because of technical problems, security issues, as well as other risks not specified in this Agreement. It is possible that Emrals digital currency will have no value.
By using Emrals, you affirm that you will assume all financial risks and other hazards. YOU FURTHER AGREE THAT YOU WILL NOT HOLD US RESPONSIBLE FOR ANY LOSSES INCURRED AS A RESULT OF YOUR USE OF EMRALS DIGITAL CURRENCY.
USER ACCOUNT
In order to use Emrals, you must be over the age of 18 and must create a user account by providing your first and last name, email address and creating a username and password. By creating a user account, you represent and warrant that:
You are solely responsible for all activities that occur under your account and are obligated to take full responsibility for your own use of Emrals and of any third party use of your account information. We are not responsible, and will not be liable for, any losses, damages, or causes of action arising from your failure to protect and safeguard your account or password. Moreover, you cannot transfer your Emrals account or any rights to your Emrals username.
PROPRIETARY RIGHTS
The design and layout of Emrals are owned by us and are protected by copyright, trademark, or other laws. You acknowledge and agree that nothing in this Agreement provides you any rights or ownership in our copyrights, trademarks or trade secrets (“IP Rights”). The IP Rights are our exclusive property and this Agreement does not transfer any IP Rights to you or vest any IP Rights in you.
NON-EXCLUSIVE LICENSE
Subject to the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license to use Emrals so long as we permit you to use Emrals and do not terminate your account. Without limiting the foregoing, you agree not to (and agree not to allow any third party to):
USER CONDUCT
Emrals permits users to post photos of areas requiring cleanup as well as photos the same areas after they are cleaned. However, you are solely responsible and liable for any content that you upload, post, or otherwise provide to Emrals. You agree to use Emrals in a lawful manner and agree:
PAYMENTS & PRICING
There is no charge to get started on Emrals. You may choose to pay a monthly fee to Emrals and in return receive Emrals digital currency. This monthly fee will be collected on the __ of each month. If you choose to cancel, any monthly fee already collected will not be returned. You may also choose to purchase Emrals at the price that we set. All fees are transacted through PayPal and subscriptions are handled through Stripe. Other than purchasing, you may obtain Emrals digital currency by performing cleanup tasks.
We reserve the right to adjust pricing in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes to the Emrals services will take effect following an email notice to you.
CANCELLATION AND TERMINATION
We may terminate your account or otherwise prevent you from using Emrals at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so.
If we terminate your account, you must immediately stop using Emrals and you agree not to attempt to regain access to the Service without our express permission. Termination will result in the suspension or deletion of your account and access to your account. We reserve the right to block access to Emrals to anyone for any reason at any time. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
You agree that Emrals, in its sole discretion, may suspend or terminate its operation -- or your use -- of the Service (or any services or portions thereof), and may remove and discard any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you, or any other user of Emrals, uploads, posts or transmits to or through Emrals (the “User Content”), for any reason. In the event you fail to comply with the Terms, your right to use Emrals will automatically terminate. You agree that we shall not be liable to you or any third party for any termination of Emrals, your access to Emrals or any removal of any User Content from Emrals.
PRIVACY
Our Privacy Policy https://www.emrals.com/privacy-policy is incorporated by reference and provides information regarding the collection and use of personal information on Emrals.
THIRD PARTY CONTENT & RESEARCH
We may from time to time offer content from third-party providers on Emrals (“Third Party Content”). We make the Third Party Content available to you only as a service and convenience, and for informational purposes only. THE INFORMATION ON EMRALS IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DO NOT ACCEPT ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION CONTAINED ON THIS WEBSITE. NO WARRANTIES, PROMISES AND/OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, ARE GIVEN AS TO THE NATURE, STANDARD, ACCURACY OR OTHERWISE OF THE INFORMATION PROVIDED IN THIS WEBSITE OR TO THE SUITABILITY OR OTHERWISE OF THE INFORMATION TO YOUR PARTICULAR CIRCUMSTANCES. EMRALS DOES NOT GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS OR CORRECT SEQUENCING OF THE THIRD PARTY CONTENT OR WARRANT ANY RESULTS FROM YOUR USE OR RELIANCE ON THE THIRD PARTY CONTENT. You use Third Party Content only at your own risk.
We may discontinue offering any content on the Service at any time without notice. You agree that neither Emrals nor the third party providers will be liable to you in any way for the termination, interruption, delay or inaccuracy of any of the Third Party Content on the Website. You will not redistribute or facilitate the redistribution of any Third Party Content, nor will you provide access to the Third Party Content to anyone who is not authorized by Emrals to receive the Third Party Content.
WE DO NOT PROVIDE FINANCIAL ADVICE
The information found on Emrals does not constitute either general or personal financial product advice. It is for informational and educational purposes only. Any information found on Emrals is not a recommendation that you should take a particular course of action and should not be regarded as financial advice. IF YOU DECIDE TO ENTER INTO A DIGITAL CURRENCY TRANSACTION, YOU DO SO AT YOUR OWN RISK. WE WILL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM YOUR USE OF EMRALS OR YOUR DECISION TO ENTER INTO ANY DIGITAL CURRENCY TRANSACTION.
USE OF EMRALS DOES NOT CREATE A FIDUCIARY RELATIONSHIP
We are not a registered investment advisor nor a broker-dealer and do not serve as a consultant or personalized advisor. As such, we assume no fiduciary obligations to you, and you specifically disclaim and waive the formation of a fiduciary relationship with us. We encourage you to get personal advice from a professional investment advisor and to make independent investigations before deciding to: (i) purchase any digital currency; or (ii) engage in any digital currency transaction.
TAXES
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with your receipt or transfer of a digital currency, and/or to the digital currency transactions you conduct using Emrals, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Emrals account. WE ARE NOT RESPONSIBLE FOR ANY TAXES INCURRED ON ANY GAINS.
DATA USAGE
Electronic communications and transactions executed through Emrals may not be encrypted. You acknowledge that there is a risk that data or other information that you provide to us while using Emrals may be accessed by unauthorized third parties.
DMCA TAKEDOWN POLICY
We enable you to upload pictures Emrals. If a user has uploaded a picture that infringes your intellectual property rights, you should send us a request to take down the content at [email protected] Any such complaints or requests should include your name, your mailing address, your telephone number, your email address, and your physical or electronic signature.
Copyright Infringement
If you send us a request to take down content that infringes upon your copyright, your request should include:
Please note that we have designated the following agent for such copyright complaints or requests under the Digital Millennium Copyright Act (“DMCA”):
Yuchen Zhu.
Copyright complaints and requests can be sent directly to this agent or to [email protected]. To learn more about the policies and requirements of the DMCA, please visit http://www.copyright.gov/legislation/dmca.pdf.
Other Intellectual Property Infringement
If you send us a request to take down content that infringes upon any other intellectual property rights (e.g., trademarks, patents, trade secrets, a right of publicity, etc.), your complaint or request should include:
Fake Accounts
If someone has created an account in which he or she pretends to be you, and you send us a request to take down that account, please be sure that you have included the URL or username of your account and the fake account, and please indicate which is the fake account.
Next Steps
Once we receive a complaint, we will make best efforts to review the complaint as soon as possible. If you have provided all of the information above, we will promptly remove or block access to the content or the fake profile, and will send a notice to the other Emrals user indicating that we have done so. We will terminate the accounts of any repeat infringers at our discretion.
Counter Notice
If you receive a notice that we have removed infringing or false content, and you believe that we have acted as a result of misidentification or error, you can lodge a Counter Notice by emailing us at [email protected]. Any Counter Notice should include:
If we receive such a Counter Notice, we will put the removed content back on your profile, unless we first receive notice from the complaining party that it has filed a lawsuit or other action seeking a court order to keep you from engaging in the allegedly infringing activity.
EMRALS FEEDBACK PAGE AND BLOG
We maintain an Emrals feedback group which functions similarly to a message board (http://www.emrals.com/feedback/) and a blog (http://blog.emrals.com/). Feedback groups and blogs, by their nature, may contain offensive, harmful, deceptive, misleading, inaccurate or otherwise inappropriate material, and you acknowledge and agree that we shall not have any responsibility for the content of any discussion group, or materials or articles contained therein, that may be accessed on or through this Site. You understand that Emrals acts as a passive conduit for, and does not control, or attempt to control, any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you, or any other user of Emrals, uploads, posts or transmits to or through Emrals (the "User Content"). We may, but are not obligated to, monitor or review the User Content and retain the right to delete any User Content at any time. You acknowledge and agree that you are solely responsible for any User Content that you upload, post, or transmit to or through Emrals, including, but not limited to, its legality, reliability, accuracy, integrity, appropriateness and originality. In no event shall we have any liability related to the User Content, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
You represent and warrant that you will not upload, post or otherwise transmit any User Content to or through Emrals that infringes, misappropriates or otherwise violates any copyright, trademark or other intellectual property right, right of privacy, right of publicity or any other right of any entity or person; or that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or Emrals rule or policy.
You further grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, and sub-licensable, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, stream, and publicly display the User Content you upload, post or transmit to Emrals (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also grant each user of Emrals the right to access, display, view, and reproduce such User Content for personal use. You represent and warrant that you have the right to grant the licenses stated above. You acknowledge and agree that you may not upload, post, reproduce, or distribute any User Content on or through Emrals that is protected by copyright or other proprietary right of a third party, without obtaining permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution.
OTHER THIRD PARTY SERVICES
We utilize links and other tools to connect users to third party services and websites (collectively “Third Party Services”). For example, we use an independent third party, PayPal, to process payments. We have no control over the content, policies, or performance of these Third Party Services. Users who access such Third Party Services through Emrals are solely responsible for complying with the terms and policies of these third parties.
In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service.
OPEN SOURCE SOFTWARE
Emrals uses third party software licensed under various open source licenses (the “Open Source Software”). These open source licenses are available at https://github.com/emrals. OPEN SOURCE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. YOUR USE OF ANY SUCH SOFTWARE SHALL BE GOVERNED BY THE SOFTWARE’S LICENSING AGREEMENT. Nothing in this Agreement limits your rights under, or grants you rights with respect to, the terms of the Open Source Software’s licensing agreement. We bear no responsibility for your use of the Open Source Software and we shall have no liability for your use of such software.
DISCLAIMER
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO EMRALS OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.
OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “EMRALS PARTIES”) DO NOT WARRANT THAT EMRALS WILL BE ERROR-FREE OR THAT DEFECTS WITH EMRALS WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT USE OF EMRALS IS RISKY AND THAT ALL RISKS RELATED TO YOUR USE OF EMRALS AND ANY THIRD PARTY SOFTWARE ARE ASSUMED SOLELY BY YOU.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION ON LIABILITY
IN NO EVENT SHALL THE EMRALS PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH EMRALS OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIABILITY OF THE EMRALS PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
INDEMNITY
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Emrals Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to Emrals; (ii) your violation of any term of this Agreement; and (iii) your violation of any law, rule or regulation, or the rights of any third party.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
MODIFICATION
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Emrals (or any part thereof) with or without notice.
NOTICE
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing Emrals in an unauthorized manner. You acknowledge that under this Agreement by using Emrals you are deemed to have received any and all notices that would have been delivered had you accessed Emrals in an authorized manner.
ENTIRE AGREEMENT
This Agreement sets forth our entire understanding and agreement as it related to the Service, and the Agreement supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement) of any nature between us.
GOVERNING LAW
This Agreement shall be governed by the laws of the State of New York, without giving any effect to any conflict of law principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
FORCE MAJEURE
We shall not be held liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
ARBITRATION/WAIVER OF CLASS ACTION
ANY DISPUTE ARISING UNDER THIS AGREEMENT SHALL BE FINALLY SETTLED ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU HEREBY EXPRESSLY WAIVE TRIAL BY JURY. THE ARBITRATION SHALL TAKE PLACE IN NEW YORK, NEW YORK, IN THE ENGLISH LANGUAGE AND WITH LIMITED DISCOVERY. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. AT YOUR REQUEST, HEARINGS MAY BE CONDUCTED IN PERSON OR BY TELEPHONE AND THE ARBITRATOR MAY PROVIDE FOR SUBMITTING AND DETERMINING MOTIONS ON BRIEFS, WITHOUT ORAL HEARINGS. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THIS AGREEMENT SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. ADDITIONALLY, YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
WAIVER
Our failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
SEVERABILITY
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
Note to International Users
Emrals is hosted in the United States. If you are a user accessing Emrals from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of Emrals, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
QUESTIONS/CONTACT
If you have any questions, comments, or concerns regarding this Agreement, please email us at [email protected].
Effective Date: March 15, 2015
