By using EMSnow you agree to the following License Agreement. Please read it carefully.
I. ACKNOWLEDGMENT AND ACCEPTANCE OF LICENSE AGREEMENT
EMSnow’s services (the “Service”) are provided to you (“User”) under the terms and conditions of this EMSnow License agreement and any amendments thereto and any operating rules or policies (the “LA”) that may be published from time to time by EMSnow. The LA comprises the entire agreement between User and EMSnow and supersedes any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND SELECTING THE “I AGREE” OPTION, YOU ARE AGREEING TO BE BOUND BY THE LA.
II. USER’S REGISTRATION OBLIGATIONS
In consideration of use of the Service, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. This information about a User shall be referred to as “Registration Data.” If any information provided by User is untrue, inaccurate, not current or incomplete, EMSnow has the right to terminate User’s account and refuse any and all current or future use of the Service.
III. USE OF REGISTRATION DATA
User agrees EMSnow may disclose Registration Data to third parties about User and information about User’s use of the Service provided that such disclosures will only include demographic and summary information. User also agrees that the User’s name, mailing address, email address, telephone or facsimile number may be disclosed as a result of the User’s normal use of EMSnow services such as the SMT Forum, or as authorized by User or User’s representative, or as required by law or legal process, or as set forth in Paragraph V below.
IV. MODIFICATIONS TO SERVICE
EMSnow reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to User. User agrees that shall not be liable to User or any third party for any modification or discontinuance of the Service.
EMSnow considers email transmitted via the Service to be the private correspondence between the sender and recipient. EMSnow will not monitor, edit or disclose the contents of a User’s private communications, except that User agrees EMSnow may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce the LA; (d) to respond to claims that such contents violate the rights of third-parties; (e) to protect the rights or property of EMSnow or others.
User acknowledges and agrees EMSnow does not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
VI. MEMBER ACCOUNT, PASSWORD AND SECURITY
User will receive a password and account designation upon completing the registration process. Although EMSnow will take reasonable measures based on reasonable business judgement to maintain the security of user account information, the User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User’s password or account. User agrees to immediately notify the Service of any unauthorized use of User’s password or account or any other breach of security.
User agrees to indemnify and hold EMSnow and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Service, User’s connection to the Service, User’s violation of the LA, or User’s violation of any rights of another.
VIII. DEALINGS WITH ADVERTISERS
User’s correspondence with or participation in promotions of advertisers found on the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser. User agrees not to hold EMSnow liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or Users may include in email and postings, links to other Web sites or resources. User acknowledges and agrees that EMSnow is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. User agrees EMSnow 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 use of or reliance on any such content, goods or services available on such external sites or resources.
X. SELLING AND BUYING PRODUCTS
EMSnow is Only a Venue. We are not involved in the actual transaction between buyers and sellers unless stated otherwise with a specific service. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have agreed to buy.
Because user authentication on the Internet is difficult, EMSnow cannot and does not confirm that each user is who they claim to be. We encourage you to communicate directly with a trading partner to help you evaluate with whom you are dealing. Please practice safe trading.
Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release EMSnow (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution — and common sense — when using our site.
XI. EMAIL STORAGE
EMSnow assumes no responsibility for the deletion or failure to store email messages. EMSnow may establish an upper limit on the size of message storage it will maintain for User.
XII. MODIFICATIONS TO LICENSE AGREEMENT
EMSnow reserves the right to change the LA from time to time. The current LA will always be posted on the site.
XIII. EMSNOW’S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by EMSnow or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.
XIV. DISCLAIMER OF WARRANTIES
User expressly agrees that use of the service is at member’s sole risk. The service is provided on an “as is” and “as available” basis.
EMSnow 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.
EMSnow makes no warranty that the service will meet user’s requirements, that the service will be uninterrupted, timely, secure, or error free; nor does EMSnow make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected.
User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of or from the service is done at user’s own discretion and risk and that user will be solely responsible for any damage to user’s computer system or loss of data that results from the download of such material and/or data.
EMSnow makes no warranty regarding any goods or services purchased or obtained through or from the service or any transactions entered into through service.
No advice or information, whether oral or written, obtained by user from EMSnow or through or from the service shall create any warranty not expressly stated herein.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
XV. LIMITATION OF LIABILITY
User agrees that EMSnow shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user’s transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if EMSnow has been advised of the possibility of such damages.
User further agrees that EMSnow shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct, indirect, incidental, special consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
Any notice to User or to the Service shall be made via either email or regular mail. The Service may also provide notices of changes to the LA or other matters by displaying notices to Users generally on the Service.
The LA and the relationship between User and EMSnow shall be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions. User and EMSnow agree to submit to the personal and exclusive jurisdiction of the courts located within the state of New Hampshire.
The failure of EMSnow to exercise or enforce any right or provision of the LA shall not constitute a waiver of such right or provision. If any provision of the LA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the LA remain in full force and effect.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the LA must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the LA are for convenience only and have no legal or contractual effect.