Terms of Service Agreement

Welcome to www.emeraldsupportservices.com, operated by Emerald Support Services LLC. By using the website located at www.emeraldsupportservices.com, the related mobile website, and the mobile application (collectively, the “Websites”), you agree to be bound by these Terms of Service (this “Terms of Service” or “Agreement”), whether or not you register as a member of www.emeraldsupportservices.com ("Member"). If you wish to become a Member and/or make use of the service (the “Service”), please read this Agreement. If you object to anything in this Agreement or the www.emeraldsupportservices.com Privacy Policy, do not use the Service.

This Agreement is subject to change by www.emeraldsupportservices.com at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following www.emeraldsupportservices.com posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Access and Retention

In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

2. Commercial Use of Service

If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;

b. You have read and understand this Terms of Service; and

c. You agree to this Terms of Service on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of www.emeraldsupportservices.com, which may be revoked at any time, for any reason, in www.emeraldsupportservices.com’s sole discretion.

3. Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify www.emeraldsupportservices.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. www.emeraldsupportservices.com will not be liable for any loss or damage arising from your failure to comply with this provision.

You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your www.emeraldsupportservices.com account.

4. Your Use of the Websites

a. You may not browse or download illegal content.

b. You must not copy or capture, or attempt to copy or capture, any content from the Websites (the “Content”) or any part of the Websites, unless given express permission by www.emeraldsupportservices.com.

c. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”).

d. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.

e. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

f. You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion.

g. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).

h. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.

i. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in www.emeraldsupportservices.com’s sole and reasonable discretion.

j. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

k. You must not rent, sell or lease access to the Websites, or any Content on the Websites.

l. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

m. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any www.emeraldsupportservices.com employee.

n. You must not sell or transfer, or offer to sell or transfer, any www.emeraldsupportservices.com account to any third party without the prior written approval of www.emeraldsupportservices.com.

o. You must not collect or attempt to collect personal data, or any other kind of information about other users.

p. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by www.emeraldsupportservices.com or any Uploader.

You agree to comply with the above conditions, and acknowledge and agree that www.emeraldsupportservices.com has the right, in its sole discretion, to terminate your account or take other actions if you breach any of the above conditions or any of the other terms of these Terms of Service.

5. Representations and Warranties

You hereby represent and warrant to www.emeraldsupportservices.com as follows:

a. Your Content, and each part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary to use Your Content.

b. Your Content does not and will not infringe or violate the rights of any third party.

c. You have obtained any necessary consents, permissions and/or releases from any persons appearing in Your Content.

d. Your Content is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, or otherwise objectionable.

e. Your Content does not create any liability on the part of www.emeraldsupportservices.com.

www.emeraldsupportservices.com reserves the right to remove Your Content, suspend or terminate your access if we believe that any of Your Content breaches any representations or warranties, or otherwise violates any law.

6. Term

This Agreement will remain in full force while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time by contacting us at hello@emeraldsupportservices.com.

7. Modifications to Service

www.emeraldsupportservices.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service with or without notice.

8. Blocking of IP Addresses

In order to protect the integrity of the Services, www.emeraldsupportservices.com reserves the right at any time to block Members from certain IP addresses from accessing the Websites.

9. Content

a. Proprietary Rights.

www.emeraldsupportservices.com retains all proprietary rights in the Websites and the Service.

b. Ownership of Your Content; Licenses.

You agree that any content you upload to the Websites and/or the Service (“Your Content”) shall become the property of www.emeraldsupportservices.com. However, with respect to Your Content, www.emeraldsupportservices.com grants you a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content.

10. Restrictions on Use of Materials

You acknowledge that www.emeraldsupportservices.com contains images, text, and other content that is protected by copyrights and other proprietary rights. You may not modify, publish, transmit, distribute, or exploit any of the Intellectual Property without prior written consent.

11. Copyright Policy

www.emeraldsupportservices.com prohibits the submission of any information that infringes or violates copyright rights and/or other intellectual property rights.

12. Liability for Content

You are solely responsible for all Your Content uploaded to the Websites. www.emeraldsupportservices.com excludes all liability with respect to all Content and the activities of its users with respect thereto.

13. Repeat Infringers

www.emeraldsupportservices.com will suspend or terminate your access to the Websites if it determines that you have repeatedly breached these Terms of Service.

14. Limitation of Liability

In no event shall www.emeraldsupportservices.com be liable for any damages arising out of or relating to the Websites or Service.

15. Indemnity by You

You agree to indemnify and hold www.emeraldsupportservices.com harmless from any loss, liability, claim, or demand, arising out of or related to your use of the Service.

16. Attorney Fees

In the event that www.emeraldsupportservices.com is successful in any action related to this Agreement, you shall be responsible for its attorneys' fees and costs.

17. Parental or Guardian Permission

Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 17 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.

18. Privacy

Use of the Websites and/or the Service is governed by our Privacy Policy, located at www.emeraldsupportservices.com/privacy.

19. Jurisdiction and Choice of Law; Dispute Resolution

If there is any dispute arising out of the Websites and/or the Service, such dispute shall be governed by the laws of the State of New Jersey.

20. Arbitration Provision/No Class Action

As a condition of using the Websites and/or Service, you agree that any and all disputes shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration.

21. No Third Party Beneficiaries

You agree that there shall be no third-party beneficiaries to this Agreement.

22. Availability Outside the U.S.

If you access www.emeraldsupportservices.com from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

23. Entire Agreement

This Agreement contains the entire agreement between you and www.emeraldsupportservices.com regarding the use of the Websites and/or the Service.

24. Severability; Waiver

If any provision of this Agreement is found invalid by a court, the remaining provisions shall remain in full force.

25. Headings

The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.