TERMS OF SERVICE
Last Modified: November 19, 2024
PLEASE READ THESE TERMS OF SERVICE CAREFULLY
DEFINITIONS AND INTERPRETATION
1.1 In these Terms of Service ("Terms"), unless the context requires otherwise, the following terms shall have the following meanings:
1.1.1 "Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials.
1.1.2 "Site" means the website located at https://www.withemissary.com/.
1.1.3 "User," "you," or "your" means any individual who accesses or uses the Site.
1.1.4 "we," "our," "us," or "Company" means EMISSARY TECHNOLOGIES INC., a company organized under the laws of Delaware, with its principal place of business at 2261 Market Street, San Francisco, CA 94114, United States of America.
1.2 Any phrase introduced by the terms "including," "include," "in particular," or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
ACCEPTANCE OF TERMS
2.1 These Terms constitute a legally binding agreement between you and the Company.
2.2 By accessing or using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.
2.3 If you do not agree with all of the provisions of these Terms, you are prohibited from accessing or using the Site.
LICENSE AND SITE ACCESS
3.1 Grant of License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your personal, non-commercial use.
3.2 Restrictions
You are expressly prohibited from: (a) Modifying, copying, preparing derivative works of, decompiling, or reverse engineering any materials and software contained on the Site; (b) Removing any copyright or other proprietary notations from the materials and software on the Site; (c) Transferring the materials to another person or "mirroring" the materials on any other server; (d) Using any automated system or software to extract data from the Site ("scraping"); (e) Circumventing, disabling, or otherwise interfering with security-related features of the Site; and (f) Using the Site in any manner that could disable, overburden, damage, or impair the Site.
INTELLECTUAL PROPERTY RIGHTS
4.1 Ownership
4.1.1 The Site and its original Content, features, and functionality are and will remain the exclusive property of the Company and its licensors.
4.1.2 The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries.
4.2 Trademarks
4.2.1 All trademarks, logos, and service marks displayed on the Site are either the Company's property or third-party marks used with permission.
4.2.2 Nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner's prior written permission.
USER COMMUNICATIONS
5.1 Contact Form Submissions
By submitting information through our contact form, you: (a) Warrant that all provided information is accurate and complete; (b) Grant us permission to contact you regarding your inquiry; (c) Acknowledge that submissions are non-confidential; and (d) Grant us a worldwide, royalty-free license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such submissions.
5.2 Prohibited Content
You shall not submit any Content that: (a) Is unlawful, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy; (b) Infringes any intellectual property or other proprietary rights; (c) Contains software viruses or any other malicious code; (d) Constitutes unauthorized or unsolicited advertising; or (e) Impersonates any person or entity.
DISCLAIMERS
6.1 THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6.2 THE COMPANY MAKES NO WARRANTY THAT: (a) THE SITE WILL MEET YOUR REQUIREMENTS; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED.
LIMITATION OF LIABILITY
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) Your use of and access to the Site; (b) Your violation of any term of these Terms; (c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) Any claim that your Content caused damage to a third party.
GOVERNING LAW AND JURISDICTION
9.1 These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
9.2 Any dispute arising under or relating in any way to these Terms shall be resolved exclusively in the state or federal courts located in California, and you hereby consent to the jurisdiction of such courts.
SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and the Company regarding your use of the Site and supersede all prior and contemporaneous written or oral agreements between you and the Company.
CHANGES TO TERMS
12.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
12.2 The most current version of these Terms will supersede all previous versions.
12.3 Your continued use of the Site after the posting of any changes to these Terms constitutes acceptance of those changes.
CONTACT INFORMATION
For any questions regarding these Terms of Service, please contact us at:
Emissary Technologies Inc.,
Address: 2261 Market Street, San Francisco, CA 94114, United States of America.
Email: eng@withemissary.com