Welcome - thanks for being here! We’re grateful for your time to read, understand, and agree to our Emmre User Terms of Service. To the journey!
Emmre, LLC (“Emmre”, “we”, “us”, “our”), offers a suite of online productivity, organization, communication, and get-it-done tools including our mobile application (collectively, the “Service”) as well as our website including, but not limited to, www.emmre.com (the “Website”).
These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Emmre, LLC concerning your access and use of our Service and Website.
You agree that by accessing the Website and using our Service, you have read, understood, and agreed to be bound by these Terms of Service. If you do not agree with all of these Terms of Service, you are expressly prohibited from using the Service and Website and must immediately discontinue use.
Supplemental terms and conditions or documents that may be posted to the Website from time to time are expressly incorporated herein by reference. We reserve the right to make changes or modifications to these Terms of Service at any time and for any reason in our sole discretion. We will alert you about any changes by updating the “Effective Date” found at the top of these Terms of Service and you waive any right to receive specific notice of each subsequent change. Please ensure that you check the applicable Terms of Service so you understand which specific Terms of Service apply. You will be subject to, and will be deemed to have been made aware of and to have accepted the revised changes in the Terms of Service by your continued use of our Service and Website after the posted effective date of the revised Terms of Service.
The information provided on the Website and Service is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Consequently, those persons who choose to access the Website or Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws apply.
To access our Service, you need to create and register an Emmre account that includes a user name and password. You are responsible to provide complete, accurate, and current information during registration as well as ensuring your password is secure and confidential. We will assume that communication from your account is coming from you. If unauthorized access or use of your account occurs, you are responsible to notify us by email. You agree that we may require additional information from you to prove your identity to help ensure your account’s security.
Unless otherwise indicated, the Service and Website is our proprietary property and all source code, functionality, software, databases, website design, video, audio, text, photographs, and graphics on the Website and Service (collectively, the “Content”) and the service marks, trademarks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. This Content and Marks are provided “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Service or Website and no Content or Marks may be copied, reproduced, aggregated, uploaded, publicly displayed, republished, encoded, transmitted, translated, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the Service, Website, Content, & Marks.
Provided that you are eligible to use the Service and Website, you are granted a limited, non-transferrable, non-exclusive, non-sublicensable, and revocable license to access and use the Service and Website for your personal, non-commercial use. This license is subject to your complying with these Terms of Service and can be revoked by Emmre at any time in its sole discretion.
By using our Service and Website, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Service; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, (i.e. a script, bot, or otherwise); (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Services and Website will not violate any applicable law or regulation.
If you provide any information that is inaccurate, not current, untrue, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Emmre Service or Website.
Users agree to comply with the following rules governing the acceptable use of the Service and Website. As a User, you agree not to:
The Emmre Service provides users with the opportunity to create, post, display, submit, publish, distribute, or broadcast content and materials to us or on the Service or Website, including but not limited to text, writings, video, audio, files, photographs, graphics, comments, suggestions, or personal information or other material (collectively “Contributions”).
When you create or make available any Contributions you represent and warrant that:
Any use of the Service or Website in violation of the forgoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Service or Website.
By submitting feedback or other suggestions on our Service or Website, you agree that we can use and share such information for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Service or Website. You are solely responsible for your Contributions to the Service and Website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, suggestions, feedback, comments, ideas, or other information regarding the Website or Service (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestrictive use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We reserve the right but not the obligation to: (1) monitor the Service & Website for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Website or Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service and Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service and Website.
These Terms of Service shall remain in full force and effect while you use the Service and Website. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service and Website (including blocking certain IP addresses) 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 Service or any applicable law or regulation. We may terminate your use or participation in the Service or Website or delete any content or information that you posted at any time, without warning, in our sole description.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of a third party, even if you may be acting on behalf of the third party. 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.
We reserve the right to change, modify, or remove the contents of the Service or Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service or Website. We also reserve the right to modify or discontinue all or part of the Service or Website without notice at any time. We will not be liable to you or any third party for any modification, price change, discontinuance, or suspension of the Service or Website.
We cannot guarantee the Service or Website will be available at all times. We may experience software, hardware, or other problems or need to perform maintenance related to the Service or Website, resulting in delays, interruptions, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service or Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, inconvenience, or damage caused by your inability to access or use the Service or Website during any downtime or discontinuance of the Service or Website. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Service or Website or to supply any corrections, updates, or releases in connection therewith.
These Terms of Service shall be governed by and defined following the laws of Colorado. Emmre and yourself irrevocably consent to the sole and exclusive jurisdiction of the state and/or federal courts located in El Paso County, Colorado to resolve any dispute which may arise in connection with these Terms.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be El Paso County, Colorado. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Colorado.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (A) no arbitration shall be joined with any other proceeding; (B) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (C) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (A) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (B) any Dispute related to, or arising from, allegations of piracy, theft, invasion of privacy, or unauthorized use; and (C) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Website or Service that contains typographical errors, omissions, or inaccuracies, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, omissions, or inaccuracies and to change or update the information on the Website or Service at any time, without prior notice.
The Service and Website are provided on an “As-Is” and “As-Available” basis. You agree that your use of the Service and Website will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Service and Website and your use therefore, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Service or Website’s content or the content of any websites linked to the Website and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service or Website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Service or Website, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service or Website by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service or Website. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or Website, any hyperlinked website, or any website or mobile application featured in any banner or other advertising and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment you should use your best judgment and exercise caution where appropriate.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Service or Website, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contract contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us or $100. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
You agree to defend, indemnify, and hold us harmless, including our 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) us of the Service or Website; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act towards any other user of the Service or Website with whom you connected via the Service or Website. 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 our 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.
We will maintain certain data that you transmit to the Service or Website for the purpose of managing the performance of the Service or Website, as well as data relating to your use of the Service or Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service or Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive the right of action against us arising from any such loss or corruption of such data.
Visiting the Website, sending us emails, and completing forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms of Service and any policies or operating rules posted by us on the Service or Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Service or Website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
In order to resolve a complaint regarding the Service or Website or to receive further information regarding use of the Service or Website, please contact us at: