Terms of Use

Terms of Use (effective as of February 15, 2012)

Please read these Terms of Use carefully, as they contain certain limitations, exclusions and a Binding Arbitration provision.

1. The Emob, LLC; The Site.  Welcome to TheEmob.org, a not-for-profit organization that is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended.

2. Acceptance of Terms; Changes to Terms.  These Terms of Use govern your use of the Site.  Please read all of the Terms carefully.  By using the Site, you agree to comply with and be bound by these Terms.  If you do not agree to the Terms, you are not authorized to use the Site. The Emob reserves the right to modify the Terms at any time.

3. Privacy.  Please be sure to review The Emob’s privacy policy.

4. Registration; Suspension or Termination of Account; Special Accounts and Roles.

(A) Registration.  To access TheEmob.org’s information and benefits, you must receive an invite, register on the Site, and if applicable pay your yearly membership dues.You are responsible for maintaining the confidentiality of the user name and password associated with your Account and for all activity under your Account, and you may not transfer your Account to another company. Although, you are allowed to transfer & share log-ins with other members in your organization.

(B) Suspension or Termination of Account, Access or Group Activity.  The Emob reserves the right in its sole discretion to suspend or terminate your Account or to block access to the Site at any time (i) if it suspects that you have not complied with these Terms or any specific terms relating to specific services accessed through the site, (ii) if we receive multiple notices of infringement in accordance with the Digital Millennium Copyright Act relating to your Account(s), or (iv) for other reasons that The Emob determines you are using or attempting to use the Site in any way that violates any applicable laws or regulations. You may terminate your Account at any time; refunds will not be provided.

5. Use of Site for Lawful Purposes; Export Controls; Confidential Information; User Content.

(A) Lawful Purposes.  You agree to use the Site only for lawful purposes and not in any way that would violate (i) the rights of The Emob LLC, or (ii) any applicable law.

(B) Export Controls.  The United States export control laws regulate the export of technology originating in the United States, including electronic transmission of information and software to foreign countries and to certain foreign nationals.  You agree to comply with all applicable export control laws and regulations including the Export Administration Regulations maintained by the Bureau of Industry and Security of the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, the International Traffic in Arms Regulations maintained by the Department of State, and the Uniting and Strengthening of America by Providing Appropriate Tools to Intercept and Obstruct Terrorism Act of 2001 and not to transfer, by electronic transmission or otherwise, any content published on the Site to either a foreign destination or foreign national in violation of applicable law.

(C) User Content.

(i) The Emob, LLC offers the opportunity for you and others to contribute ideas, comments, questions and other communications to or from the Site (the "User Content"). User Content shall include any company information and related information you submit through the Site.  You shall not (nor cause any third party to) use the Site to perform any illegal activities (including defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights - such as rights of privacy -of others) or immoral activities.  Specifically, but not by way of limitation, you shall not undertake any of the following types of activities:

1. transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

2. transmitting any material that contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

3. impersonating anyone or any entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

4. advertising or disseminating commercial content;

5. interfering with or disrupting the Site;

6. disrupting the activities or enjoyment of the Site for other users; or

7. collecting or storing personal data about other users, except as needed for activities permitted on the Site.

(ii) You should exercise discretion before relying on information contained in User Content. You agree to evaluate, and assume all risks associated with the use of any User Content, including without limitation any risk relating to any reliance on the accuracy, completeness, or usefulness of such User Content. The Emob, LLC assumes no responsibility for the information contained in User Content.

(iii)  You agree that The Emob, LLC, in its sole discretion, may remove any User Content at any time and for any or no reason. You agree that The Emob shall not be liable to you or any third party for any deletion of any User Content on the Site.  You may remove your User Content from the Site at any time.

(iv)  You acknowledge and agree that The Emob, LLC may preserve and disclose User Content if required to do so by law.You also acknowledge that the technical processing and transmission of the Site, including without limitation User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

(v)  The Emob, LLC does not claim any ownership rights in the User Content you post to the Site. Notwithstanding the foregoing, The Emob, LLC will not publicly display your business data without your prior consent, but may display collected information as an aggregate.

(D) Content.  The content on the Site is owned by or licensed to The Emob, LLC  As between you and The Emob, LLC, The Emob, LLC owns all rights, including copyrights, patents, and other intellectual property rights, in the Site.  You agree not to copy any content on the Site (unless it is User Content generated by you or you are permitted to do so by a Competition Agreement) or to modify, decompile, disassemble, create derivative works from or otherwise reverse engineer any content on the site, or other content or computer programs associated with the Site.

(E)  Restrictions on Data Usage.  You may not, without the prior written permission of The Emob, LLC, use any computer code, data mining software, robot, bot, spider, scraper, or other automatic device, program, algorithm or methodology having similar process or functionality, or any manual process, to deeplink to, redistribute, retransmit, republish, commercially exploit, display or copy in bulk the content found on or through the Site.

6. Links.  From time to time, The Emob, LLC may provide links to other sites that may be of interest to you.  Such links do not mean that The Emob, LLC endorses any other site or its products or services.  You acknowledge that The Emob, LLC has no control over or responsibility for the content or practices of any other site.  Please read any terms of use and privacy policies that govern activities on other sites.

7. Disclaimers.  The site is offered on an “as is” and “as available” basis and you use it at your own risk.  Neither The Emob, LLC nor its service providers make any warranty, express or implied, that the site will operate without error or interruption or be free from viruses or other harmful components or that the information on the site, including the business plans and content provided by other users, will be accurate, timely or complete.  To the full extent permitted by applicable law, The Emob, LLC and its service providers expressly disclaim any warranties of title, merchantability, non-infringement and fitness for a particular purpose (even if the purpose has been disclosed).

8. Limitation of liability.  Neither The Emob, LLC nor any service provider will be liable under contract, tort (including negligence), strict liability or other legal or equitable theory for (a) any indirect, incidental, consequential, special or exemplary damages (including lost revenue, lost profits, business interruption or lost data) arising out of your use of or inability to use the site or (b) any damages, loss or injury based on errors, omissions, interruptions, inaccuracies or similar problems arising in connection with your use of, interaction with, or transactions through the site.  Notwithstanding anything to the contrary contained herein, The Emob, LLC’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to The Emob, LLC and if no amounts were paid will not exceed $1000. These limitations will apply regardless of any failure of essential purpose.  Some state laws do not allow limitations on implied warranties or exclusions or limitations of certain damages and so some or all of the above disclaimers, exclusions or limitations may not apply to you.

9. Indemnity.  By using the Site, you agree to indemnify and hold The EMob, LLC and its directors, officers, employees, licensors, service providers, contractors, and agents harmless from any claims, liability, loss, damage or expense (including reasonable attorneys’ fees and costs) that any The Emob, LLC indemnity may incur based on your use of the Site, your transactions through the Site, the competitions operated through the Site, your breach of these Terms or any competition rules, your violation of the rights of a third party or your violation of any law, including export control laws.

10. Contact Us.  The Site is owned and operated by The Emob, LLC  If you have any questions about any of these Terms, please contact us at:

The Emob, LLC
261 Madison Ave. 9th Floor
New York, NY 10016
Tel: (845) 354-4555

Email: info@theemob.org

11. Dispute Resolution

(A) Governing Law.  These Terms are governed by the laws of the United States and the laws of the State of New York applicable to contracts executed and performed within New York, without giving any effect to any conflict of laws rules that may result in the application of the laws of any other jurisdiction.  These Terms are deemed executed and enforceable in the State of New York.

(B)  Binding Arbitration. If a dispute arises between you and The Emob, LLC, each party irrevocably agrees to (i) resolve the dispute through binding arbitration conducted in Monsey, New York in accordance with the rules of the American Arbitration Association (“AAA”), (ii) bring any dispute to enforce arbitration under these Terms or to pursue injunctive relief exclusively in the federal and state courts. Each party will be responsible for its expenses and an equal share of the arbitrators' and administrative fees of arbitration.  Notwithstanding the foregoing, The Emob, LLC will have the right to seek temporary injunctive relief if it determines it is necessary in connection with any breach of these Terms that could result in irreparable harm to The Emob, LLC.

12. General Provisions

(A) Assignment.  You may not assign these Terms or any of your obligations under them without The Emob, LLC’s prior written consent and any attempted assignment is null and void.  The Emob, LLC may assign these Terms and any of its obligations under them at any time for any reason.

(B) Relationship of Parties.  You and The Emob, LLC are independent contractors and these Terms may not be used to construe a joint venture, employee, partnership, agency or similar relationship between you and The Emob, LLC.

(C) Electronic Communications; Binding and Entire Agreement; English Language.  You agree that (i) these Terms constitute an agreement “signed by you” under any applicable law; (ii) any notices or other communication regarding your use of the Site may be provided to you electronically (by posting on the Site, by email, and other electronic formats) and will be considered received upon posting or other distribution, but The Emob, LLC reserves the right to provide communications in paper format.  These Terms (including the Privacy Policy) constitute the entire agreement between you and The Emob, LLC and supersede all other agreements, oral or written, concerning its subject matter.  You consent to the use of the English language in these Terms and all documents or notices relating to them and your use of the Site.

(D) Including.  The word “including” as used in these Terms means “including, without being limited to.”

(E) Severability.  If any of these Terms is determined to be unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms will be enforceable to the fullest extent permitted by law.

(F) No Waiver.  The Emob, LLC’s failure to enforce these Terms in every instance in which they might apply is not a waiver of any of The Emob, LLC’s rights, and The Emob, LLC reserves its right to take all legal steps available to enforce these Terms.

(H) Force Majeure.  If The Emob, LLC is unable to perform its services or any of its obligations due to any cause beyond its reasonable control, including computer, telecommunications or other equipment failures, electrical power failures, strikes, labor disputes, shortage of labor or materials, civil disturbances, fires, floods, storms, explosions, acts of God, war, terrorist acts, governmental actions, non-performance of third parties or similar reasons, then The Emob, LLC’s performance will be excused and the time for performance will be extended until a reasonable time following the end of the event of force majeure.

 

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