|
Terms & Conditions
1. INTRODUCTION
This website is provided by EMB Consultancy LLC (EMB) of 12680 High Bluff Dr. Ste. 110, San Diego, Ca, 92130, USA. Your use of www.embamerica.com (the Website) is subject to the following terms and conditions, which you are deemed to accept by using the Website.
2. RIGHTS
2.1. The software that runs the Website is owned by EMB (we/us) and our licensors. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute or de-compile that software without our consent.
2.2. You may download, view, store and print off the whole or any part of the Website solely for your own private non-commercial use, but not for any other purpose. Where you download, store or print off any of the contents of the Website, you must ensure that the EMB copyright notice appears thereon.
2.3. Unauthorized access to or use of the Website is prohibited. Unauthorized access to, or misuse of a computer constitutes an offence under American laws.
2.4. The copyright and all other intellectual property rights in all of the content and material of whatever form contained in the Website (including, but not limited to, the organisation, layout, information, photographs and graphical images) is owned by EMB or its licensors. In particular the word “EMB” and associated logo are trademarks of EMB and the words “Igloo”, "ResQ", "RePro", "PrisEMB" and "EMBLEM" are trademarks of EMB Software Limited, and may not be reproduced or used without express prior written permission.
2.5. We reserve the right to update, modify, or close (temporarily or permanently) the Website at any time and do not accept liability for the use or inability to use the Website.
2.6. We reserve the right to vary or amend these terms and conditions from time to time.
3. YOUR WARRANTIES
You warrant that: (i) you will only use the Website in accordance with these terms and conditions and only for lawful purposes and in a lawful manner; and (ii) all information that you provide to us is true, accurate, current and complete in all respects.
4. DATA PROTECTION AND CONFIDENTIALITY
4.1. We acknowledge that your personal details and other information supplied to us, whether for recruitment, information or other purposes, by you may be confidential (your information). We will maintain the confidentiality of, and protect, your information in accordance with our normal procedures and applicable laws (including current data protection laws).
4.2. You acknowledge and agree that we may from time to time transfer any of your contact details and/or application data overseas to any office of EMB or of any of our affiliates, agents or appointed representatives. Some of our offices and those of our affiliates, agents or representatives are located in countries outside the European Economic Area which do not have well developed data protection legislation when compared to European law, and where you may not have rights under data protection legislation equivalent to those under European law. Please do not send us any personal data if you do not want that information to be processed by us in the ways described by this notice.
4.3. You have the right to access and the right to rectify your personal data by sending us a written request to the address given above or by email to:  .
4.4. We may use your information to provide you with further information about EMB and our products, subject to your consent. This may involve disclosing your information to other offices of EMB or of our affiliates, agents or appointed representatives.
5. ACCURACY OF INFORMATION
While we try to ensure all information on the Website is correct, up-to-date and complete, such information is provided for information purposes only and you should not rely on it. We make no warranty as to the accuracy of any information on the Website and cannot accept liability for any errors or omissions.
6. LINKING
6.1. The content of third-party websites to which you may link, by means of hypertext links, from the Website is beyond our control. You proceed entirely at your own risk and we do not accept responsibility for any damage or loss you may suffer arising out of access to those websites, including, but not limited to, damage or loss arising from your use of documents or other information found on those websites. The inclusion of a link in our website does not imply our endorsement of or association with any products, services, information or material offered or accessible on or any person connected with any such third-party website.
7. LIMITATION OF LIABILITY
7.1. We shall not be liable to you where information is sent solely by email and is either received late or not received at all by us.
7.2. The Website is provided to you on an "as is" and "as available" basis without any warranty being given in relation to the Website including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy or any implied warranty arising from course of dealing or usage or trade.
7.3. Whilst we will endeavour to maintain the availability of the Website, we make no warranty that the Website will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected or that the site or the server(s) that makes it available are free of viruses or bugs.
7.4. We shall not be liable for any special, indirect or consequential damages (including loss of business or loss of profits) however caused.
7.5. Nothing in these terms and conditions shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.
8. GENERAL
8.1. The terms and conditions contained in this legal notice shall be governed by American law, regardless of how you access the Website and from where. Any dispute arising between you and us in relation to the Website shall be governed by American law and you submit to the exclusive jurisdiction of the American Courts for the purposes of any such dispute.
8.2. You agree to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers harmless immediately on demand, from and against all liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or other liabilities arising out of your use of the Website.
8.3. Any reference to a partner or partners in relation to EMB Consultancy LLC means a member or members of EMB Consultancy LLC.
|
|
|
