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Terms of Use

Agreement

BY ACCESSING OR USING OUR MOBILE OR WEB APPLICATIONS AND SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THESE APPS AND SERVICES. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR MOBILE OR WEB APPLICATIONS OR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF JANUARY 1, 2018.
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Emerios Enterprise Services, Inc., also known as Emerios, located at 1 Columbia, Suite 250 Aliso Viejo, CA 92656, and our subsidiaries and affiliates, in association with the use of Emerios branded websites and its Mobile Application and its Services, which shall be defined below.

Description of Applications and Services Offered

Emerios offers their Clients/Customers custom developed mobile and web applications and services that give their end users the ability to perform one or more of the following functions - agent management/onboarding, customer engagement, reporting and/or engaging in third party verification services. These details, authorized by the Client/Customers, are outlined in separate agreements (“Emerios-Client Agreements”). For clarity, nothing in these ToS are meant to modify the terms of any (“Emerios-Client Agreements”).. In the event of any conflicts between these TOS, the (“Emerios-Client Agreements”) shall supersede this agreement.

User Representations

Use License
Emerios hereby grants you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile or web applications on electronic devices owned or controlled by you or the clients/customers of Emerios, and to access and use the mobile or web applications on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.

You acknowledge and agree that the mobile and web applications and services provided are the sole property of Emerios. Emerios may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated.

The Client/Customer of Emerios will provide you all information necessary to effectively use the mobile or web applications and services and you must follow all code of conduct and business management processes specified by the Client/Customer. Emerios will not be held liable for misuse of the application or nefarious or fraudulent activities undertaken while using the application.

You will be required to sign onto the mobile application and website services. It is suggested that you agree to keep your password confidential and be responsible for all use of your account and password.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

It is recommended that periodic/frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Prohibited Activities
You may not access or use the mobile application for any purpose other than that for which you are permitted to within the business agreements between Emerios and the Client/Customer (“Emerios-Client Agreements”).

As a user of the mobile or web applications you agree not to:

1. Make any unauthorized use of the mobile or web application, including collecting end customer personal information by electronic or other means for nefarious purposes.
2. Circumvent, disable, or otherwise interfere with security-related features of the mobile or web applications, including features that prevent or restrict the use or copying of any Application Content.
3. Make improper use of our support services or submit false reports of abuse or misconduct.
4. Interfere with, disrupt, or create an undue burden on the client/server system or the networks or services connected to the mobile or web applications.
5. Attempt to impersonate another user or person or use the username of another user.
6. Use any information obtained from the mobile or web application in order to harass, abuse, or harm another person.
7. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the mobile or web applications.
8. Attempt to bypass any measures of the mobile or web applications designed to prevent or restrict access to the mobile or web applications, or any portion therein.
9. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the mobile or applications to you.
10. Use the mobile or web application in a manner inconsistent with any applicable laws or regulations.

Mobile Application License

Apple and Android Devices
The following terms apply when you use a mobile application obtained from an “App Distributor” (eg. the Apple Store or Google Play) to access the application: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

Intellectual Property Rights

Unless otherwise indicated, Emerios Web Sites, Mobile Applications and Services are proprietary property of Emerios – as are all source code, application & website functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Application Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Emerios or licensed to Emerios, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions unless specified in business agreements (“Emerios-Client Agreements”). Except when specified in business agreements (“Emerios-Client Agreements”) or as expressly provided in these Terms of Service, no part of the Mobile or Web Application or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Privacy Policy

Emerios cares about data privacy and security. Please review our Privacy Policy [CLICK HERE]. By using the mobile and web applications & services, you agree to be bound by our Privacy Policy, which is referenced into these Terms of Use.

Term and Termination

These Terms of Use shall remain in full force and effect while you are an active user of the mobile, web application and corresponding services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE MOBILE OR WEB APPLICATION OR SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.

It is at the discretion of the Client/Customer to decide to terminate or suspend your account for any reason. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

At times, the Emerios’ mobile and web applications and services will be unavailable. We may experience hardware, software, or other problems or need to perform maintenance related to the Site. It is our goal to complete all maintenance after business hours to lessen impact to end users and resolve all incidents that may occur as fast as possible. Service Level Agreement and Incident Response times are defined in the (“Emerios-Client Agreements”).

Governing Law

This “Terms of Service” agreement is governed by and constructed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claims, causes of action and/or disputes, arising out of or relating to the ToS, or the relationship between you and Emerios and or your use of the App shall be filed within the courts having jurisdiction within the County of Orange, or the U.S. District Court located in said state. In addition, you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to the venue of such courts. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.

Warranty Disclaimers

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. EMERIOS SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. EMERIOS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b) EMERIOS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH EMERIOS SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE POTENTIAL DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OR BY WAY OF OR FROM EMERIOS SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING EMERIOS SERVICES OR SOFTWARE. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Limitations of Liability

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT EMERIOS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE EMERIOS SERVICES;

b) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

c) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON EMERIOS SERVICES; AND

d) ANY OTHER MATTER WHICH MAY BE RELATED TO EMERIOS SERVICES OR APPLICATIONS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including EMERIOS subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with EMERIOS’ defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Contact Us

In order to resolve a complaint regarding the mobile application or services, please contact us at:

Emerios Enterprise Services, Inc.
1 Columbia, Suite 250
Aliso Viejo, CA 92656
Phone: +1-844-EMERIOS
Mail: support@emerios.com 
Copyright © 2018 Emerios Enterprise Solutions. 1 Columbia, Ste. 250, Aliso Viejo, CA 92656. All rights reserved. | Privacy Agreement | Terms of Use | Cookies 
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