Terms and Conditions
Last updated: December 5, 2023
Welcome to the Emerson Collective, LLC (“EC”) website (the “Website”).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY. These Terms and Conditions of Use (“Terms”) are binding on the parties and govern your relationship EC regarding your use of the Website. Your use or continued use of the Website constitutes your agreement to the Terms and our Privacy Policy, incorporated herein by reference, which may be updated by us from time to time without notice to you. The Website is not intended for and is not designed to attract children under 13 years of age.
IF YOU DO NOT AGREE WITH THE TERMS AND PRIVACY POLICY, YOU MAY NOT USE THE WEBSITE.
Your Permission to use the Website.
Except as expressly authorized by EC under a separate license or other agreement with you, the Website is provided for your personal and noncommercial use only. Provided you do not modify or delete any materials or other proprietary notices, you may download or print material from the Website for your own personal and noncommercial use only. Any other copying, framing, modifying, redistributing, reproducing, transmitting, creating derivative works from, using Intellectual Property from, or selling any content or data obtained from the Website in any manner is strictly prohibited.
You agree to be solely responsible for your use of the Website. Your permission to use the Website will be terminated immediately, without any further action by EC, if you breach these Terms.
Proprietary Rights.
EC is the owner or licensee of all rights in the Website and its content and related software. You have no rights to such content or software other than those expressly granted in these Terms. EMERSON COLLECTIVE® and the logos or other proprietary marks of EC and its affiliated organizations belong to them exclusively. No right, title or interest in those marks is granted in these Terms or through your use of the Website. Any third party trademarks or service marks displayed on the Website are the property of their respective owners.
Links and Online Listings.
From time to time, EC may post on the Website (a) links to third party websites (“Links”) or (b) listings or descriptions of third party information, products or services (“Listings”). Such Links and Listings are provided for your convenience only. You acknowledge and agree that the Links or Listings are not under the control of EC and EC assumes no responsibility for the contents of any such Link or Listing, or for any potential damage arising out of or in connection with the use of any such Link or Listing. It is your responsibility to evaluate the information, opinions, advice or other content available through the Links or Listings, whether posted or provided by third parties or by EC. EC may remove any Links or Listings at any time for any reason or for no reason.
Modification of the Website.
EC reserves the right to modify or discontinue, temporarily or permanently, the Website or any portion thereof in EC’s sole discretion and with or without notice. You agree that EC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any portion thereof.
Limitations of Liability and Disclaimer of Warranties.
YOUR USE OF AND BROWSING ON THE WEBSITE ARE DONE AT YOUR OWN RISK. THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND ALL OF THE INFORMATION ON THE WEBSITE (INCLUDINGSERVICES OR LINKS ON OR THROUGH THE WEBSITE) IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. EC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY’S USE OR MISUSE OF THE WEBSITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, EXCEED $100 US DOLLARS.
Indemnity.
You agree to indemnify and hold EC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or violation of the Terms.
Claims of Copyright Infringement.
If you believe in good faith that materials available on the Website infringe your copyright, you may send EC a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, you may send EC a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the Digital Millenium Copyright Act. See http://www.copyright.gov for details. Notices and counter-notices should be sent to: Designated Agent (Phone: 650-422-2167), 555 Bryant St., Suite 259 Palo Alto, CA 94301; or by email to legal@emersoncollective.com.
General Terms.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Website. The Terms constitute the entire agreement between you and Emerson with respect to your use of the Website. The failure of EC to assert a right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, such provision shall be eliminated or limited to the minimum extent and the remaining provisions of the Terms will remain in full force and effect. The Terms and the relationship between you and EC shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any rights not expressly granted herein are reserved.