Terms of Use
Date: 05 Feb 2018

THIS WEBSITE IS OWNED AND OPERATED BY EMERGETECH LLC AND ITS AFFILIATES (“EMERGETECH”, “WE”, “OUR” AND “US”). ACCESS AND USE OF THIS WEBSITE AND ITS RELATED SERVICES, WEB PAGES, BLOGS, PRODUCTS AND COMMUNITY PORTAL (COLLECTIVELY, THE “SITE”) ARE PROVIDED BY EMERGETECH EMERGETECHTO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS SITE.

These Terms of Use, the Privacy Policy and all other documents referenced herein govern the relationship between you, the Site visitor and/or member (“you”) and EmergeTech with respect to your use of this Site.  You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms.  You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.

We reserve the right at any time to change: (i) these Terms of Use; (ii) this Site, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Site; and (iv) the equipment, hardware or software required to use and access this Site.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site.  Your continued use of this Site after such notice will be deemed acceptance of such changes.  Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.

You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site.  You may only use this Site for lawful purposes.

EmergeTech does not knowingly or intentionally collect personal information from children under the age of 13.  This Site is directed at adults and is intended for use only by adults over the age of 13.  If you are under the age of 13, you may not submit any personal information to EmergeTech at or through this Site, and you should consult with an adult for assistance in using this Site.

 

1. JURISDICTION

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms of Use, you may not enter into this agreement or use this Site.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site. By using this Site you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.

We make no representation that materials in this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided.

 

2. DISCLAIMERS

This is a public website. You should have no expectation of confidentiality with respect to any user content you submit on the Site. Do not submit confidential information here.

EmergeTech shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Site or the services which make this Site available or electronic communications sent by EmergeTech are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

 

3. PRIVACY

EmergeTech is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy practices and how we collect, use and disclose the personal information of those individuals who visit this Site. Please see our Privacy Policy for further information.

 

4. USER ACCOUNTS

In order to access and use certain services available on this Site, you must open and maintain an account (“Account”) with us. Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account and you shall not have the right to use such services.

During the registration process we will collect personal information that may include (but is not limited to) your name, email address, mobile phone number, office phone number, billing and shipping address, and password. Your information may be used by us:

  • to verify your eligibility to create and to maintain your Account and to use features of the Site limited only to members;
  • to ensure that your Account, including your email, is unique;
  • to enable us to provide certain security and privacy safeguards;
  • to deal with security, debugging and technical support issues;
  • to protect ourselves and others from abuse; and
  • As permitted in our Privacy Policy.

All of the information you provide to us or that we collect from you in connection with your use of the Site will be governed by these Terms of Use and our Privacy Policy. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your Account and your ability to use this Site and, in our sole discretion, to report you to the appropriate authorities.

You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access this Site via your username or password to any third person.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING POSTINGS) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.

You acknowledge and agree that EmergeTech is not responsible for the conduct of users in the interactive areas of EmergeTech’s websites. EMERGETECH SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, LIABILITY, CLAIMS, SUITS, COSTS, EXPENSES, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM ANY MATERIAL OR CONTENT POSTED IN THE INTERACTIVE AREAS OF EMERGETECH’S WEBSITES. You acknowledge and agree that you may be exposed to content that you may find offensive, indecent or objectionable and, that in such respect, you use EmergeTech’s websites at your own risk.

 

5. PERSONAL USE ONLY

This Site is only for personal, or your internal business, use. You may not use this Site for other commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

 

6. CODE OF CONDUCT

You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through this Site.

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of EmergeTech’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use. EmergeTech may, without notice, temporarily suspend your, or any other party’s access to this Site, (including, without limitation, any specific areas hosted within this Site) by deactivating any password(s) or links to the Internet if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as EmergeTech may in its sole discretion determine are necessary to permit the thorough investigation of such suspended activity.

While using this Site you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). By submitting any user content to the Site, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity.

You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. You also shall not transmit chain letters, pyramid schemes, surveys and solicitations through the Site. You shall also not forge headers to manipulate identifiers or other data in order to disguise the origin of any content or user content transmitted through the Site or to manipulate your presence on the Site. You shall not interfere with or disrupt the Site, our servers or our networks or take any action that imposes unreasonably or disproportionately large load on our infrastructure.

You affirm, represent and warrant that the user content you submit to the Site does not infringe any proprietary right of another, including, without limitation, copyright, trademark or patent, or any confidentiality obligation.

You acknowledge and agree that any of your ideas, submissions, or discussions or any other user content provided by you within the Site that is not the subject of intellectual property right protection may be used by any other user without compensation or attribution.

The Site is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that the submission of any inventions embodied in any user content provided by you shall constitute a “publication” of such invention under applicable patent laws.

You hereby grant to EmergeTech, its subsidiaries, affiliates, brand licensees and other partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish user content provided by you, on this Site or any other EmergeTech website or in other EmergeTech marketing or public relations materials in any and all media.

EmergeTech does not endorse any user content or any opinion, recommendation or advice expressed therein, and EmergeTech expressly disclaims any liability in connection with user content.

We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Site, including editing and/or removing messages or any other user content that is objectionable, improper or otherwise in breach of these Terms for any reason at any time without notice or consent. Any user who believes that submitted user content is objectionable and improper is encouraged to contact us immediately by email at support@emergetms.com. Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular user content immediately.

EmergeTech may, but is not obliged to, review and monitor, before and/or after submitting user content. However, you acknowledge that it is impossible for us to monitor or review all user content. Without limitation, EmergeTech, its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of user content posted by third parties on the Site. WE CANNOT AND DO NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THE FOREGOING CODE OF CONDUCT OR ANY OTHER PROVISIONS OF THESE TERMS OF USE, AND, AS BETWEEN YOU AND US, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.

 

7. AVAILABILITY

While we endeavor to keep downtime to a minimum, we cannot promise that this Site will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site.

 

8. CURRENCY OF WEBSITE

EmergeTech updates the information on this Site periodically. However, EmergeTech cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. EmergeTech may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

 

9. LINKED WEBSITES AND THIRD PARTY SOFTWARE

This Site may provide links to third party websites for your convenience only, including, without limitation, links to third party websites and social media sites such as Facebook, Pinterest, and Instagram. The inclusion of these links does not imply that EmergeTech monitors or endorses these websites or their respective practices. EmergeTech does not accept any responsibility for such websites. EmergeTech shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. These Terms of Use and our Privacy Policy do not apply to your use of any third party websites, so be sure to review any applicable terms and policies of third party sites.

Any software made available for downloading from or through the Site is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. EMERGETECH HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPRPOSE, OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

 

10. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.

EmergeTech shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any of User Materials or other content from this Site. EmergeTech recommends that you install appropriate anti-virus or other protective software.

 

11. OUR MATERIALS

This Site is owned and operated by EmergeTech in conjunction with others pursuant to contractual arrangements.

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of EmergeTech Corporation and its licensors. ALL RIGHTS RESERVED. You acknowledge that any user content submitted and/or discussed on the Site may be the subject of patents, copyrights, trademarks, and other intellectual property rights of EmergeTech, its subsidiaries, affiliates, brand licensees, other partners or third parties. If you consider exploiting any ideas, proposals, suggestions, or solutions or other user content submitted to the Site, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.
EmergeTech may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively “EmergeTech Materials”) available to you from this Site, from time to time. If you download or use EmergeTech Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without EmergeTech’s prior written permission, and (iii) shall be only be used in compliance with any additional license terms accompanying such materials. EmergeTech does not transfer either the title or the intellectual property rights to the EmergeTech Materials, and retains full and complete title to the EmergeTech Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the EmergeTech Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled EmergeTech Materials into a human-perceivable form. EmergeTech or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

All rights not expressly granted herein are reserved by EmergeTech. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
This Site, (including its organization and presentation and EmergeTech Materials) is the property of EmergeTech and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

 

12. U.S. COPYRIGHT INFRINGEMENT CLAIMS

If you know or suspect that any of the materials on the Site have been used or copied in a way that constitutes copyright infringement, please sent notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

  • A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent or the law; and
  • A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows:

Michael Brooks II
8333 N Via Paseo Del Norte
Unit 1013
Scottsdale, AZ 85258

602.819.4111
michaelebrooksii@gmail.com

The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/or content, will not receive a response through this process.

 

13. DISCLAIMER OF WARRANTIES

THIS SITE, THE SERVICES AND THE CONTENT AND OTHER MATERIALS AVAILABLE THEREIN (“MATERIALS”) ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EMERGETECH DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

 

14. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL EMERGETECH OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, EMERGETECH’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS.

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR EMERGETECH TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY EMERGETECH, EMERGETECH WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

15. INDEMNIFICATION AND RELEASE

You agree to, upon request, defend, indemnify and hold us harmless from any and all liabilities, claims, losses and expenses, including attorneys’ fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are responsible; or (2) your use of this Site or transmission of any materials or other content through this Site. EmergeTech reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of EmergeTech. This indemnification section will survive any termination or expiration of these Terms of Use.

If you have a dispute with one or more users, you release EmergeTech, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

16. SHUT-DOWN OF SITE

We have the sole right to shut down the Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any content or user content submitted to the Site.

 

17. CONTACTING EMERGETECH

If you need to contact us regarding this Site or these Terms of Use, please e-mail us at support@emergetms.com, You can also contact us via mail addressed to EmergeTech LLC, 14614 N Kierland Blv Suite 250, Scottsdale, AZ 85254.

 

18. YOUR COMMENTS

Feel free to email your comments, suggestions and feedback (“Comments”) to EmergeTech at the e-mail addresses provided in this Site. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) EmergeTech has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) EmergeTech may use, disclose, distribute or copy such Comments and may use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you and without payment of any royalties to you; and (iv) such Comments are truthful and do not violate the legal rights of others.

19. ACCESS RELATED TO ALLEGED VIOLATIONS

To ensure that EmergeTech provides a high quality experience for you and for other users of this Site, you agree that EmergeTech or its representatives may access your Account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this Site, and you agree to give EmergeTech full access to your Account and all information and records related thereto without the need for additional authorization and without any claim to privacy or other rights to such Account and related information and records.

EmergeTech does not intend to disclose the existence or occurrence of such an investigation unless required by law or if requested by law enforcement officials, but EmergeTech reserves the right to terminate your Account or your access to this Site immediately, with or without notice to you, and without liability to you, if EmergeTech believes that you have violated any of these Terms of Use, furnished EmergeTech with false or misleading information, or interfered with use of this Site by others.

 

20. DISPUTE RESOLUTION

These Terms of Use shall be governed by and construed in accordance with the laws of the state of U.S.A. You agree to the non-exclusive jurisdiction of the courts in the County of Maricopa, Arizona, U.S.A. for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of the Site, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of the County of Maricopa, Arizona, U.S.A.

 

21. NO WAIVER

No failure on the part of EmergeTech to enforce any part of these Terms of Use shall constitute a waiver of any of EmergeTech’s rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by EmergeTech nor the reliance of any person on EmergeTech’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of EmergeTech shall have any legal effect whatsoever.

 

22. HEADINGS

The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.

 

23. MISCELLANEOUS

These Terms of Use are governed by and construed in accordance with the laws of the State of Arizona and the United States of America, without regards to their respective principles of conflicts of law. You agree to the exclusive personal jurisdiction by the federal and state courts located in County of Maricopa, Arizona, United States of America, in any matter arising from or related to these Terms of Use and your use of the Site and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sub-licensable by you except with EmergeTech’s prior written consent. These Terms of Use provide only for the use of this Site. These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.