We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement.
Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. We may, at any time and without liability, modify or discontinue all or part of the Site; charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
Your submission of information through the Site is governed by Company's Privacy Policy at getemstart.com. You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.
The Site is controlled or operated from the United States and is not intended to subject Company to any non-U.S. jurisdiction or law. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
In connection with the Site, you agree not to:
Post, transmit or otherwise make available any materials that are threatening, harassing, defamatory, obscene, or protected by proprietary rights without express consent.
Post, transmit or otherwise make available any virus, worm, Trojan horse, spyware or other computer code that is harmful, invasive or intended to damage or hijack any hardware, software or equipment.
Use the Site for any purpose that is fraudulent, tortious or unlawful.
Harvest or collect information about users of the Site.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site.
Reproduce, modify, adapt, sell, rent, distribute or otherwise exploit any portion of the Site without Company's express prior written consent.
Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
Use any robot, spider, or other automatic device to retrieve, index, scrape, or data mine Site content without Company's express prior written consent.
You are responsible for obtaining, maintaining and paying for all hardware and telecommunications services needed to use the Site.
If you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), you acknowledge that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.
We may (but have no obligation to) monitor, evaluate, or analyze your access to or use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access under this Agreement, on any single device.
We and our suppliers own the Site, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include EMSTART and any associated logos. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.
Certain Site functionality may make available access to information, products, services and other materials made available by third parties ("Third Party Materials"). We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials.
Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials.
To the fullest extent permitted under applicable law, the Site and Third Party Materials are made available to you on an "As Is," "Where Is" and "Where Available" basis, without any warranties of any kind, whether express, implied or statutory. Company disclaims all warranties with respect to the Site and Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.
To the fullest extent permitted under applicable law: (a) Company will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind; (b) Company will not be liable for damages resulting from your use of or inability to use the Site or Third Party Materials; (c) your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site; and (d) the maximum aggregate liability of Company for all damages, losses and causes of action shall be ten U.S. dollars ($10.00).
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and its affiliated entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys' fees) arising out of or relating to your use of, or activities in connection with, the Site.
This Agreement is effective until terminated. Company may terminate or suspend your use of the Site at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.
This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law. You agree to exclusive jurisdiction of the federal and state courts located in New York, New York, U.S.A.
We hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Wikipedia. Company does not endorse any of the products or services listed on such site.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provision.
You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. This Agreement is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements between you and Company relating to such subject matter.
Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.