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You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or otherwise distribute or sell any Content, except as otherwise provided in these Terms. You may not link other websites to the Site without our prior written permission. You may not violate or attempt to violate the security of the Site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site. You may download, scan, and print copies of any accessible portion of the Site solely for your own personal use. You may not remove any copyright, trademark, or other proprietary notice or legend contained on (or printed from) the Site.
Without limiting the foregoing, you are prohibited from using any robot, spider, scraper or other automated means to access the Site for any purpose without our prior written permission. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures that we may use to prevent or restrict access to the Site.
If we provide you with a password, you must keep your password and certain Content confidential. You are solely responsible for maintaining the confidentiality and security of your password. You accept full responsibility for any use of your password. You must notify us immediately of any actual or suspected loss, theft, or unauthorized use of your password. You may not disclose any Content that is contained within the password protected portion of the Site to any third party. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. We will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
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The use of the information in certain jurisdictions may be restricted by law. The Information on this Site is not directed at, and is not intended for, any person in any jurisdiction if it would be contrary to applicable laws or regulations in that jurisdiction for such a person to receive such information.
The Site may be temporarily unavailable, or may not function properly at any time due to required maintenance, telecommunications interruptions or other reasons. We may modify or terminate the Site and/or terminate your access to the Site, without notice at any time and for any reason.
THE CONTENT PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DUE TO VARIOUS FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL ERROR, THE ACCURACY, COMPLETENESS, TIMELINESS AND CORRECT SEQUENCING OF THE CONTENT AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY EMIA OR ANY PERSONS CREATING OR TRANSMITTING SUCH INFORMATION. YOU AGREE THAT EMIA IS NOT LIABLE FOR ANY ACTION YOU TAKE OR DECISION YOU MAKE IN RELIANCE ON ANY CONTENT.
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YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE SITE. IN NO EVENT SHALL WE AND/OR OUR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THE CONTENT OR SITE OR WITH THE DELAY OR INABILITY TO USE THE CONTENT OR SITE, WHETHER BASED ON CONTRACT,TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EMIA OR ANY OF ITS SERVICE PROVIDERS HAS
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EMIA AND ANY PERSON CREATING OR TRANSMITTING THE INFORMATION ON THE SITE SHALL NOT BE LIABLE FOR ANY INFECTION BY VIRUSES OF OR DAMAGE TO ANY COMPUTER THAT RESULTS FROM YOUR USE OF, ACCESS TO OR DOWNLOADING OF SUCH INFORMATION. IF YOU ARE DISSATISFIED WITH THE INFORMATION, CONTENT OR THE SITE OR WITH THE TERMS AND CONDITIONS OF THESE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF AND ACCESS TO THE SITE.
You will indemnify and defend EMIA, and its respective principals, directors, officers, employees or agents and any of their respective affiliates (collectively, the “Indemnified Persons”) against and hold each Indemnified Person harmless from any and all liabilities, obligations, losses, damages, costs, expenses, claims, penalties, lawsuits, proceedings, actions, judgments, disbursements of any kind or nature whatsoever, interest, fines, settlements and reasonable attorneys’ fees and expenses that the Indemnified Persons may incur, suffer, sustain or become subject to arising out of, relating to, or due to (i) your use of the Site, or (ii) your breach of these Terms, or any representation, warranty, or covenant made by you in these Terms. Unless otherwise specified, EMIA controls and operates the Site from the State of New York, United States of America. We do not claim that materials in the Site are appropriate or available for use in locations other than the State of New York. If you choose to access the Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
These Terms are governed by the laws of the State of New York, without regard to its choice of law provisions.
We may, at our discretion, change, modify, add/or remove portions of these Terms at any time without notice to you. We suggest that you check these Terms periodically for changes. You will be bound by revised versions of these Terms that are posted on the Site, which will become effective immediately when posted. Your use of the Site indicates your full acceptance of these Terms in its entirety every time you use the Site. If you use the Site after we post changes to these Terms, you accept the changed Terms. We expressly reserve the right (but are under no obligation) to monitor any and/or record all use of the Site. We may report any activity we suspect may violate any law or regulation to regulators, law enforcement officials, or other persons or entities that we deem appropriate.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of the Site.
Our performance of these Terms is subject to existing laws and legal process, and nothing in these Terms is in derogation of our right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by EMIA with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
By reviewing or using the Content after accessing the Site, you represent and warrant that (a) you have the authority to enter into these Terms and create a binding contractual obligation, (b) you understand and intend these Terms to be the legal equivalent of a signed, written contract equally binding, and (c) you will use the Content in a manner consistent with applicable laws and regulations in accordance with these Terms, as we may amend them online or otherwise from time to time. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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