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.
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.
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.
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.
Apple and Android Devices
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.
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.
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”).
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.
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.
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.
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.
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