Terms of Service and Disclaimer

Disclaimers and Terms of Service for

EmersonMertens.com (aka Emerson Mertens) – all names may be used below and refer to the same website.

If you require any more information or have any questions about our site’s disclaimer, please feel free to contact us by email via our contact page.

Disclaimers

All the information on this website is published in good faith and for general information purpose only. EmersonMertens.com does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website (EmersonMertens.com), is strictly at your own risk. EmersonMertens.com will not be liable for any losses and/or damages in connection with the use of our website.

From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone ‘bad’.

Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.

The materials on Emerson Mertens’ website are provided on an ‘as is’ basis. Emerson Mertens makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Emerson Mertens does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

In no event shall Emerson Mertens or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Emerson Mertens’ website, even if Emerson Mertens or a Emerson Mertens authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Emerson Mertens may make changes to the materials contained on its website at any time without notice. However Emerson Mertens does not make any commitment to update the materials.

Consent

By using our website, you hereby consent to our disclaimer and agree to its terms.

Update

This site disclaimer was last updated on: May 29th, 2018

Should we update, amend or make any changes to this document, those changes will be prominently posted here.

Terms of Service

EmersonMertens.com

If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email via the contact page.

Terms

By accessing the website at http://EmersonMertens.com or https://EmersonMertens.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation.

You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

License to use website

Unless otherwise stated, EmersonMertens.com and/or its licensors own the intellectual property rights published on this website and materials used on EmersonMertens.com. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and as noted on the site, print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. All rules also apply to materials on the site that are available for purchase.

You must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website – except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website through the use of iframes or screenscrapers;
  • remove any copyright or other proprietary notations from the materials;
  • transfer the materials to another person or “mirror” the materials on any other server;
  • attempt to decompile or reverse engineer any software contained on Emerson Mertens’ website.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Emerson Mertens at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of EmersonMertens.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without EmersonMertens.com’s express written consent.

This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of EmersonMertens.com.

Restricted access

Access to certain areas of this website is restricted. EmersonMertens.com reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. EmersonMertens.com may change or modify this policy without notice.

If EmersonMertens.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..

EmersonMertens.com may disable your user ID and password at EmersonMertens.com’s sole discretion without notice or explanation.

User content

In these terms and conditions, your user content means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to EmersonMertens.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to EmersonMertens.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or EmersonMertens.com or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

EmersonMertens.com reserves the right to edit or remove any material submitted to this website, or stored on the servers of EmersonMertens.com, or hosted or published upon this website.

EmersonMertens.com’s rights under these terms and conditions in relation to user content, EmersonMertens.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided without any representations or warranties, express or implied. EmersonMertens.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, EmersonMertens.com does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

EmersonMertens.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if EmersonMertens.com has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of EmersonMertens.com in respect of any:

  • death or personal injury caused by the negligence of EmersonMertens.com or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of EmersonMertens.com; or
  • matter which it would be illegal or unlawful for EmersonMertens.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, EmersonMertens.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against EmersonMertens.com’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect EmersonMertens.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as EmersonMertens.com.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify EmersonMertens.com and undertake to keep EmersonMertens.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by EmersonMertens.com to a third party in settlement of a claim or dispute on the advice of EmersonMertens.com’s legal advisers) incurred or suffered by EmersonMertens.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to EmersonMertens.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, EmersonMertens.com may take such action as EmersonMertens.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

EmersonMertens.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

EmersonMertens.com may transfer, sub-contract or otherwise deal with EmersonMertens.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with EmersonMertens.com’s Privacy Policy constitute the entire agreement between you and EmersonMertens.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Missouri, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Missouri, USA.

Emerson Mertens may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

You can contact us by email at our link at the top of this Terms of Service document.

Last updated 5/29/18