TERMS OF USE

EMA Softech Website Terms of Use
 

EMA Softech Website Terms of Use

1. Acceptance of Terms of Use:  EMA Softech Website
The access to EMA Softech’s website is provided free of charge to you by Empirical Modeling & Analytics, Inc. ("EMA Softech") under these Terms of Use. Although portions of EMA Softech’s website may be viewed simply by visiting the website, in order to access one of EMA Softech's online software application websites (Subscription Services) and/or receive additional services from EMA Softech you may need to register as a subscriber. If you visit the EMA Softech’s website as a guest EMA Softech's blog page, these Terms of Use will govern your use of the website facilities.  If you register as a subscriber for one of EMA Softech's online software applications the terms of the Master Subscription Agreement for each service will prevail.

BY VISITING EMA SOFTECH’S WEBSITE AS A GUEST AND/OR BY COMPLETING THE REGISTRATION PROCESS AND/OR BY SELECTING THE "SUBSCRIBE NOW" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE APPROPRIATE TERMS OF USE OR MASTER SUBSCRIPTION AGREEMENT, AS SUCH TERMS WHICH MAY BE MODIFIED FROM TIME TO TIME.

These Terms of Use govern your use of EMA Softech’s website and all services provided in connection with EMA Softech’s website. EMA Softech shall not be liable to you for any breach of these Terms of Use. In addition, EMA Softech does not bear any fiduciary responsibility to any user of its main website (www.emasoftech.com) or online software applications. If you do not agree to these Terms of Use, please do not enter EMA Softech’s website or register for any of EMA Softech’s online software applications. The Terms of Use for EMA Softech’s main website or Terms of Subscription Service for your continued use of EMA Softech’s online software applications will be posted on the appropriate EMA Softech website. Please check this area before using any EMA Softech’s website to determine whether a change has been made to these Terms of Use or Terms of Subscription Service. If you do not agree to changes in the Terms of Subscription Service for any EMA Softech online software application as they may occur, please arrange to terminate your registration with EMA Softech immediately (i) by notifying EMA Softech of your unwillingness to accept the changes to the Terms of Subscription Service; and (ii) by discontinuing your use of EMA Softech’s website. Your continued use of any EMA Softech online software applications shall be construed as, and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein.

From time to time EMA Softech may supplement these Terms of Use or Terms of Subscription Service with additional Terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on EMA Softech’s website to be viewed in connection with the specific content or online application and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use and Terms of SubscriptionService.

2. Registration information / Privacy Policy

Collection of Personal Information
When you engage in certain activities on this website EMA Softech may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, EMA Softech may require that you provide certain personal information, such as your name, mailing address, e-mail address, and other personal identifying information. When subscribing to EMA Softech’s online software applications on the website, you may be asked to provide a credit card number. When you submit personal information to EMA Softech your personal information will not be leased, sold, rented or otherwise made available to any other third party except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. All information collected, regardless of type, will be protected pursuant to the Privacy Act and the Freedom of Information Act.

EMA Softech collects this information in order to record and support your participation in the activities you select. If you subscribe to an online software application, for example, the information is used to register your license and rights, if any, to upgrade discounts, technical support, or other benefits that may be made available to registered users.  EMA Softech also uses information that you provide as part of our effort to keep you informed about product upgrades, special offers, and other EMA Softech products and services.

Other provisions contained herein to the contrary notwithstanding, you hereby agree that EMA Softech may assign, sell, license, or otherwise transfer to a third party, your name, address, email address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a material portion or essentially all of the assets or stock of EMA Softech or its affiliated entities.

Your personal information will not be used by EMA Softech for editorial purposes unless you first agree in writing. EMA Softech may also use such information for EMA Softech promotional and marketing purposes. EMA Softech respects your privacy. We recognize and appreciate the importance of responsible use of this information and realize that not everyone likes to receive special offers or information about EMA Softech products.

If you would like your name deactivated from EMA Softech’s lists, or if you would like to unsubscribe from EMA Softech’s e-mail bulletins, please use the contact information below to request that EMA Softech deactivate you from its lists. Be sure to include your name, postal address, telephone number, information contained in your EMA Softech mailer, and/or other necessary information needed for deactivation.

EMA Softech will use reasonable efforts to honor your requests, but we appreciate your patience in allowing us a reasonable amount of time for processing.

You should be aware that when you voluntarily disclose personal information (e.g., user name, e-mail address, physical address, etc.) publicly on EMA Softech’s discussion forum/blog page, that information may be viewed and used by others and may result in unsolicited messages from other posters or parties.

 Use of Cookies
When you visit EMA Softech website, you can surf the website anonymously and access important information without revealing your identity. In order to analyze and improve our website, we use "cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access those pages.)

While EMA Softech uses cookies to track your visit to EMA Softech website, and our Web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided EMA Softech with personal information.

Please note that EMA Softech is not responsible for the content or privacy practices of non-EMA Softech websites to which EMA Softech website may link.

Please contact us with any questions at:

EMA Softech Customer Service
customersupport@emasoftech.com
 
Modification of these Terms of Use
EMA Softech may modify these Terms of Use from time to time at its sole discretion. Each time you log on to EMA Softech’s website, you will be deemed to have accepted any such changes, unless you arrange to terminate your registration with EMA Softech’s website immediately (i) by notifying EMA Softech of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of EMA Softech’s website.

3. Modifications of the EMA Softech Website
EMA Softech may modify or discontinue EMA Softech’s website with or without notice to you and without liability to you or to any third party.

4. Content of Messages
You also agree not to use EMA Softech’s website to send or post on message boards/ blog pages or any place on EMA Softech’s website, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. EMA Softech reserves the right to delete any such material from EMA Softech’s website. EMA Softech will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this section.

You agree not to post or use EMA Softech’s website to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) EMA Softech permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to EMA Softech’s website, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that Rights do not protect any information, software, images or any other content on EMA Softech’s website rests with you. You acknowledge that EMA Softech may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your member name, to any "public area" of EMA Softech’s website, including message boards, forums, blog pages, you grant EMA Softech and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  Subject to the foregoing, the owner of such content placed on EMA Softech’s website retains any and all Rights that may exist in such content.

5. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF EMA SOFTECH’S WEBSITE IS AT YOUR SOLE RISK. EMA SOFTECH’S WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  EMA SOFTECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EMA SOFTECH MAKES NO WARRANTY THAT EMA SOFTECH’S WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT EMA SOFTECH’S WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EMA SOFTECH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EMA SOFTECH’S WEBSITE. EMA SOFTECH WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATIONS, ANY LOSS OR USE, LOST DATA, OR LOST PROFITS OR OPPORUTUNITY, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT ACTION, ARISING OUT OF OR IN CONNECTION WITH THE ACCURACY, USE OR PERFORMANCE OF THE INFORMATION, AND/OR DOWNLOADABLE FILES AND/OR SOFTWARE ON EMA SOFTECH'S WEBSITE, OR THE UNAVAILABILITY OR MALFUNCTION OF EMA SOFTECH’S WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF EMA SOFTECH’S WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT EMA SOFTECH DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH EMA SOFTECH’S WEBSITE.  EMA SOFTECH CREATES OR OBTAINS ALL INFORMATION, DOWNLOADABLE FILES AND SOFTWARE CONTAINED HEREIN FROM SOURCES BELIEVED BY EMA SOFTECH TO BE ACCURATE AND RELIABLE.  BECAUSE OF THE POSSIBILITY OF HUMAN ERRORS OR MECHANICAL ERROR AS WELL AS OTHER FACTORS, EMA SOFTECH SHALL NOT E HELD RESPOONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER EMA SOFTECH NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN EMA SOFTECH’S WEBSITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. EMA SOFTECH ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.

EMA SOFTECH SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN EMA SOFTECH’S WEBSITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMA SOFTECH OR THROUGH EMA SOFTECH’S WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

EMA SOFTECH MAKES NO WARRANTY REGARDING ANY SERVICES PURCHASED OR OBTAINED THROUGH EMA SOFTECH’S WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH EMA SOFTECH’S WEBSITE.

EMA SOFTECH IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE EMA SOFTECH’S WEBSITE. AS A CONVENIENCE TO EMA SOFTECH’S USERS, EMA SOFTECH MAY PROVIDE LINKS TO RESOURCES THAT ARE BEYOND EMA SOFTECH’S CONTROL. EMA SOFTECH MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY WEBSITES TO WHICH EMA SOFTECH MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST EMA SOFTECH WITH RESPECT TO SUCH WEBSITES.

6. Limitation of Liability
EMA SOFTECH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE EMA SOFTECH’S WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH EMA SOFTECH’S WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF EMA SOFTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Promotional Messages
EMA Softech may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. EMA Softech makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services that may be obtained from EMA Softech, and you agree that EMA Softech shall not have any liability with respect thereto.

8.  Links to Other Websites 
The links to third parties contained within this website will allow you to leave EMA Softech’s website. The websites that are linked to EMA Softech’s website are not under the control of EMA Softech. EMA Softech is not, and shall not be, held responsible for the contents, in any way or form, of any linked website or of any link contained in a linked website. EMA Softech provides these links only as a convenience to you, the user of the website; and the inclusion of any link does not imply endorsement by EMA Softech of the linked website.

Any rights not expressly granted by EMA Softech herein are expressly reserved.

9. Indemnification
You agree to indemnify and hold each officer and/or employee of EMA Softech, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of EMA Softech’s website, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

10. Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be Texas State and U.S. Federal courts sitting in the County of Collin or, the Texas State and U.S. Federal courts having within their jurisdiction the location of EMA Softech's principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.

11. Remedies for Breach of these Terms by You
In the event that EMA Softech determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of EMA Softech’s website, EMA Softech reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to EMA Softech’s website, (iii) delete all content provided by you to EMA Softech’s website, (iv) discontinue your registration with EMA Softech’s website and/or any other EMA Softech community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which EMA Softech deems to be appropriate.

12. Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

EMA Softech may assign its rights and obligations under these Terms of Use and upon such assignment EMA Softech may be relieved of any further obligation hereunder.
You represent to EMA Softech that you have the authority to register with EMA Softech’s website according to these Terms of Use.

These Terms of Use and any Additional Terms (as such terms shall be identified when posted on EMA Softech’s website by EMA Softech) constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of EMA Softech, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.

EMA Softech / 1800 Preston Park Blvd. Suite 260, Plano, Texas 75093 U.S.A.
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