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Terms of Use

Effective date: January 1, 2018

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.
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1 Columbia, Suite 250
Aliso Viejo, CA 92656
1-844-363-7467
info@emerios.com
CONTACT US
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1 Columbia, Suite 250
Aliso Viejo, CA 92656
1-844-363-7467
info@emerios.com
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