Last updated - 15 September 2021
Effective: 15 October 2021
By registering to use eMullion you declare you are agreeing with the policies and terms set out below
1. GENERAL TERMS OF USE
These Terms of Service are a contract between you and eMullion LLC. ("eMullion" “we,” or “us”). “Services” offered by eMullion are inclusive of the Site (https://emullion.com) as well as the related services made available by eMullion. Your use of eMullion’s Services are subject to these Terms of Use (these “Terms”). By using any of our Services, you agree that you are of legal age, and agree to be bound by, and use our Services in compliance with these Terms of Service.We reserve the right to change these Terms at any time, and you agree (by virtue of your continued use of our Site) to be bound by any such changes. The customer will be notified in writing regarding any changes prior to publishing a new Terms to the Terms of Service. The then-current version of these Terms will supersede all earlier versions. Any new features that augment or enhance the current Site and Services, including the release of new tools and resources, will be subject to these Terms. If a user violates any of the terms outlined below, we reserve the right to terminate the Account without notice.
2. RESTRICTIONS AND USE OF MATERIALS AND CONTENT
The Services offered by eMullion, including the Site and any underlying software, platforms, algorithms, technology and/or other proprietary materials ("Materials") are the property of eMullion and/or its respective partners and affiliates which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and and other proprietary rights.You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law, or as eMullion may authorize expressly in writing, you will not, and will not permit anyone else to:(i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Services (collectively, "Service Content") or compile or collect any Service Content as part of a database or other work; (ii) rent, lease, or sublicense your access to our Services to another person; (iii) use any Services or Service Content for any purpose except for your own use; (iv) circumvent or disable any digital rights management, usage rules, or other security features of our Services; (v) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; or (vi) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service Content.
3. THIRD-PARTY CONTENT
Our Services may display on, or contain links to, third party products, services, and Web sites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Services, or which is accessible through or may be located using our Services (collectively, "Third Party Content") are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.
4. LICENSE TO USE SERVICES
Subject to these Terms, we grant a limited, non-exclusive, non-transferable license to use our Services for your use and not for resale or further distribution. A license is granted to a single legal entity ("Licensee"), and is authorized for use solely with that entity. Use outside of the authorized licensee may result in additional charges or termination of the Account.Your right to use our Services is limited by all terms and conditions set forth in these Terms. Our Services are protected by applicable intellectual property laws, including United States copyright law and international treaties.You are responsible for maintaining the security of your account and password. eMullion will not be liable for any loss or damage from your failure to comply with this security obligation. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent, lease or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services.
5. SERVICES AND PRICING
Our Services are subject to \ pricing. eMullion pricing plans are subject to change. eMullion’s Services will be charged in advance from the date of signup. You must cancel your use of the Services prior to the next month in order to avoid additional fees, otherwise the pricing tiers will automatically renew each year. Provided that if payment is not received from your credit card issuer or by other means of payment, you agree to pay all amounts due upon demand. You must provide current, complete and accurate billing and credit card information. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance.All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the eMullion Site and Services and payments made by you herein.
6. TERMINATION AND CANCELLATION
eMullion reserves the right to terminate any unpaid Accounts. "Unpaid Accounts" is defined as any account that is not on a paid pricing plan, or that is past due on payment in excess of (30) days. eMullion, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms of Service. Any termination of your Account may result in the deactivation or deletion of your Account, denied access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from eMullion once your Account is terminated; however eMullion may, for a time, retain residual information in our backup and/or archival copies of our database.eMullion reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the eMullion Site (or any part thereof) with 30 days of written notice.
7. DISCLAIMER OF WARRANTIES
THE MATERIALS AND CONTENT IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Parties DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
eMullion DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER(S) THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
eMullion DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS SITE IN TERMS OF THEIR
8. LIMITATION OF LIABILITY
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT.10. INDEMNITY eMullion will defend, indemnify and hold us and our respective subsidiaries, affiliates, officers, agents, employees, AND representatives harmless from any costs, damages, expenses, and liability caused by use of the Services; any infringement claim; violation of applicable law..LEGAL NOTICEThese Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of eMullion
9. INDEMNITY
eMullion will defend, indemnify and hold us and our respective subsidiaries, affiliates, officers, agents, employees, AND representatives harmless from any costs, damages, expenses, and liability caused by use of the Services; any infringement claim; violation of applicable law.
LEGAL NOTICE
These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of eMullion.
