TERMS AND CONDITIONS: These Terms and Conditions (Terms) govern your use of this website. Use of this website constitutes acceptance of these Terms, as may be revised by Elanmati Media Broadcasting Corp (EMBC) DBA ihealthradio and The iHealthChannel. (EMBC, we, us and our) from time to time, which constitute a binding agreement between the user of the website (User, you and your) and EMBC governing the use of the website by using, installing, accessing, or using the website, the User acknowledges and agrees they have read, understand and agree to be bound by these Terms. If you do not agree to these Terms you should uninstall and/or cease to access or use the website immediately. The website is owned by Elanmati Media Broadcasting Corp.
Customer: Anyone who is legal and who tunes in to our programming.
1. SERVICES
1. The website provides a radio broadcasting programming platform for Customers and professionals.
2 Customers and Professionals can use the site to tune in, advertize and blog.
3. ELIGIBILITY AND BASIS OF USE
The website may only be used by individuals aged thirteen (13) years or older. You agree to provide proof of age upon request.
4. PROMOTION CODES
EMBC. may, in its sole discretion, create promotional codes that may be redeemed, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that EMBC establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (I) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by EMBC; (iii) may be disabled by EMBC. at any time for any reason without liability to EMBC.; (iv) may only be used pursuant to the specific terms that EMBC. establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. EMBC reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that EMBC determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
5. ADDITIONAL TERMS AND CONDITIONS
These Terms supplement and incorporate:
1. the Elanmati Media Broadcasting Corp (EMBC) DBA ihealthradio and The iHealth Channel, policies and terms and conditions EMBC. Policies including the EMBC Privacy Policy, both of which are posted at www.theihealthchannel.com (Website);
2. the Apple, Inc. Terms and Conditions including, without limitation, the Licensed Website End User License Agreement provided therein (Apple Terms); and
3. the Android, Google Inc. Terms and Conditions including, without limitation, the License Agreement and Terms of Application (Android Terms).
If any of the provisions of the Apple Terms, the Android Terms or any applicable EMBC. Policies conflict with these Terms, these Terms have priority, solely to the extent such Terms apply to the website.
6. COPYRIGHT AND INTELLECTUAL PROPERTY
1. The EMBC. website contains intellectual property and material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by US and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the website (collectively EMBC. Content). EMBC., the EMBC.. logo, and other EMBC. material used in connection with the website may be unregistered or registered trademarks (collectively EMBC.. Marks).
2. Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered EMBC.. Marks, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to EMBC. (in each case whether registered or unregistered or whether capable of registration), together with any website for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business and website trade, business company or organization names; internet domain names; and website content, EMBC. Content, images and layout.
3. You agree that, as between you and us, we own all Intellectual Property rights in the website, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the copyright which subsists in all creative and literary works displayed in the website. The website is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by EMBC. or the owner of the content.
4. Other trademarks, service marks, graphics and logos used in connection with the website are the trademarks of their respective owners (collectively Third Party Marks).
5. The Intellectual Property, EMBC. Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of EMBC or the applicable trademark holder.
6. Users do not obtain any interest or license in the Intellectual Property, EMBC. Marks or Third Party Marks without the prior written permission of EMBC.. or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.
7. USER LICENCE
1. Subject to these Terms, EMBC.. grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the website for its own personal and/or non-commercial use only on a computer or mobile device (each a Device) owned or controlled by the User as permitted in accordance with these Terms (User License), and not to use the website in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without our prior written consent.
2. The right to use the website is licensed to you and is not being sold to you. You have no rights in the website other than to use it in accordance with these Terms.
3. These Terms and User License governs any updates to, or supplements or replacements for, this website, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
9. CONFIDENTIAL INFORMATION
1. Confidential Information includes confidential information about you, your credit card and other payment details, your personal information, the business, the website, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information,customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
2. In accordance with our Privacy Policy, EMBC. agree not to disclose your Confidential Information to any third party (other than, where necessary, Third Party Suppliers); to use all reasonable endeavors to protect Confidential Information from any unauthorized disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality Services to you, and not for any other purpose.
3. You, including your employees, agents and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavors to protect Confidential Information from any unauthorized disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
4. These obligations do not apply to Confidential Information that:
6. must be disclosed by law or by a regulatory authority including under subpoena.
7. The obligations under this clause will survive termination of these Terms
10. USER WARRANTIES
1. By using our website, you warrant that you possess the legal capacity and authority to enter into the Terms and to use the website in accordance with the Terms; you are at least 18 years old; any information you provide is truthful and accurate and you will maintain the accuracy of such information; your use of our website does not violate any applicable law or regulation; you will cooperate with us and provide us with information and/or clarification and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services; you will not infringe any third party rights in working with us and receiving the Services; and you will inform us if you have any concerns relating to our provision of the Services under the website with the aim that we and you will use reasonable endeavors to resolve your concerns.
2. As a condition of your use of the website, you agree to abide by the Terms; not to provide the website to any third party; that EMBC. has the right to refuse you any and all current or future use of the website and that EMBC.. reserves the right to include or exclude entry to, or remove a User from the website.
12. USER INFORMATION AND SECURITY
1. The website may require the transmission of information provided by the User or contained in the User’s Device including but not limited to user names and passwords, details of Orders, addresses, e-mail addresses and financial information (such as credit card numbers) (User Information).
2. If the User uses such website functionality, the User consents to the transmission of User Information to EMBC., its agents and/or service providers and EMBC., its agents and/or service providers to record, process and store such User Information as necessary for the website functionality and for purposes described in our Privacy Policy on our Website.
3. User Information is stored securely. If we are aware of a breach of security, we will notify affected Users and we will cooperate with authorities regarding the breach.
4. The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the website, for all transactions and other activities in the User’s name, whether authorized or unauthorized.
5. The User agrees to immediately notify us of any unauthorized transactions or breach of security associated with the website. We are not responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the website.
6. The website allows Users to submit, upload, publish or otherwise make available EMBC. status text, ratings, commentary, feedback and other communications submitted by you, (collectively, the Status Submissions). These Status Submissions may be hosted, shared, and/or published as part of the website, and may be visible to other Users. Direct messages, location data and files that you send directly to other Users will only be viewable by those User(s) or group(s) you directly send such information; but Status Submissions may be globally viewed by Users.
7. In connection with Status Submissions, you warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use, and you authorize EMBC.. to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the website and these Terms.
8. However, by submitting the Status Submissions to the website, you hereby grant EMBC. a US based business and worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the website and EMBC. (and its successor's) business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the website a non-exclusive license to access your Status Submissions through the website.
9. The website may require the transmission of User Information. In order to access and use the features of the website, you acknowledge and agree that you will have to provide EMBC.. with your mobile phone number. You expressly acknowledge and agree that in order to provide the website, . may periodically access your contact list and/or address book on your Device to find and keep track of mobile phone numbers of other Users. When providing your mobile phone number, you must provide accurate and complete information.
10. You acknowledge and agree that any Status Submissions may be globally viewed by Users that have your mobile phone number and will use the website accordingly. You acknowledge that if you do consent to this publication, you will not submit it as a Status Submission to the website. You retain your ownership rights in your Status Submissions. You acknowledge that whether or not such Status Submissions are published, . does not guarantee any confidentiality with respect to any Status Submissions.
11. EMBC. does not endorse any Status Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Status Submissions. also reserves the right to decide whether content or a Status Submission is appropriate and complies with these Terms. EMBC. may remove such Status Submissions and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
12. You are solely responsible for the status messages that you submit and that are displayed for your mobile phone number on the website. You must notify immediately of any breach of security or unauthorized use of your Device. Although . will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of or others due to such unauthorized use.
13. You are solely responsible for Status Submissions or other communications you transmit onto third party platforms (such as Facebook and Twitter) using the website and may be subject to third party terms and conditions. . does not guarantee any confidentiality with respect to these Status Submissions.
13. ACCEPTABLE USE AND PROHIBITED USE
Access or use by the User of the website and any . Content transmitted in connection with the website is limited to the contemplated functionality. The User agrees that his or her use of the website and Content must comply with these Terms the EMBC. . Policies. In no event may the website or the EMBC.. Content be used in a manner that:
1. harasses, abuses, stalks, threatens, defames or otherwise interferes, infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
2. is unlawful, fraudulent or deceptive;
3. uses technology or other means to access the website, Website or content that is not authorized by us;
4. uses or launches any automated system, including without limitation, robots, spiders, or offline readers, to access the website, Website or EMBC. Content;
5. attempts to or tampers with, hinders or modifies the website, attempts to introduce viruses or any other computer codes, files or programs that interrupts, destroys or limits the functionality, knowingly transmit viruses or other disabling features, damages or interferes with the website including but not limited to the use of Trojan horses, viruses, or piracy or programming routines that may damage or interfere with the website.
6. attempts to gain unauthorized access to our computer network or user accounts;
7. encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
8. violates these Terms;
9. attempts to damage, disable, overburden, or impair our servers or networks;
10. fails to comply with applicable third party Terms; or
11. facilitates or assists another person to do any of the above acts.
You must not:
12. print, publish, modify, link to or distribute any content from the website or any other documentation that we provide to you, unless we have authorized you in writing;
13. breach copyright or Intellectual Property rights, including but not limited to, that you must not republish, copy, distribute, transmit or publicly display material from our website; alter or modify any of the material on the website;
14. use the website for commercial purposes;
15. collect or harvest any personally identifiable information, including phone number, from the website, nor to use the communication systems provided by the website for any commercial solicitation or spam purposes;
16. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from and or transfer information.
17. facilitate or assist another person to do any of the above acts.
Any use of the website in any other manner, including, without limitation, resale, transfer, modification or distribution of the website or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the website and EMBC. Content is prohibited.
We reserve the right, in our sole discretion, to terminate any User License, remove content or assert legal action with respect to content or use of the website, that we reasonably believe is or might be in violation of these Terms or EMBC.Policies. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.
Upon termination of the Terms, we have no further obligation to you, and may cease to provide the website and Services to you. The accrued rights, obligations and remedies of the parties are not affected by the termination of the Terms.
14. CONSUMER GUARANTEE
1. Our website comes with consumer guarantees under applicable local consumer law that cannot be excluded.
2. Certain legislation, including Consumer Protection Laws, may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent.
3. These Terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent which EMBC. are able to do so, the liability of EMBC. and its affiliates under those provisions will be limited, at its option to the supplying of the applicable Services again; or the payment of the cost of having the applicable Services supplied again.
15. REFERRAL
On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
16. INFORMATION
While the information and material on the website and otherwise provided to you is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, EMBC. accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of such information and materials. Any reliance you place on the information and materials is at your own risk. You are solely responsible for determining the suitability of any of our Services, and your reliance on any information that is provided to you through our website, Services or materials is at your own risk.
17. DISCLAIMERS
1. We provide the website to the user as is, and the user is using the website at his or her own risk.
2. To the fullest extent allowable under applicable law, we disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the website and the Services are of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis (including issues arising from wireless/Wi-Fi connectivity), or that the use of the website and the Services by the User is in compliance with laws applicable to the User or that User Information transmitted in connection with the website and the Services (including as part of online payment) will be successfully, accurately or securely transmitted.
3. We make no warranties or representations, express or implied, accuracy, quality, completeness or existence of the content and information in the website, technical accessibility, fitness or flawlessness of the website, or that your use of the website will not infringe rights of third parties.
18. LIMITATION OF LIABILITY
1. As a condition of using the website, and in consideration of the website provided by us, we exclude and you agree to the fullest extent allowable under applicable law, in no event shall EMBC.and its parent or related bodies corporate (I) be liable to the User or any third party with respect to use of the website or the Services, including without limitation participation in online payment; and (ii) be liable to the User or any third party for any direct, indirect, special, incidental, punitive, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss of earnings, loss of business opportunities, loss, theft or corruption of user information, the inability to use the website or access its Account or the Services or device failure or malfunction, however arising (including negligence) or otherwise arising in connection with:
3. To the fullest extent allowable under applicable law, (but subject to the maximum extent permitted by applicable law) the maximum aggregate liability of EMBC. and its parent or other affiliated companies to a user, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the website, is the amount that the User pays, if any, to EMBC. for access to or use of the website during the six months period immediately prior to the event giving rise to such liability.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of EMBC..
19. INDEMNIFICATION
1. By using the website, you agree to defend and indemnify EMBC.. harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to the website; any breach by you of these Terms; any willful, unlawful or negligent act or omission by you; any information that is not accurate, up to date or complete or is misleading or a misrepresentation; any misuse of the Services or the website from or by you; and any violation by you of any applicable laws or the rights of any third party.
2. This indemnification obligation will survive these Terms and your use of the website. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
20. FEEDBACK AND DISPUTES
1. Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the website;
2. If there is a dispute between you and us in relation to these Terms, we agree to the following dispute resolution procedure:
3. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. You and we agree to meet in good faith to seek to resolve the dispute by agreement between you and us (Initial Meeting).
5. If you and we cannot agree how to resolve the dispute at the Initial Meeting, either of us may refer the matter to a mediator. If you and we cannot agree on who the mediator should be, the complainant will ask the Local better business bureau to appoint a mediator. The mediator will decide the time and place for mediation. You and we must attend the mediation in good faith, to seek to resolve the dispute.
6. Any attempts made by you and us to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of you and us under these Terms, by law or in equity.
21. GENERAL
Privacy: We agree to comply with the legal requirements and all applicable Federal, State and City laws of the United States as well as any rules and regulations or any other applicable legislation or privacy guidelines.
Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorized copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
Sales Taxes: If and when applicable, Sales Taxes payable on the Services will be set out on our invoices. By accepting these Terms, you agree to pay us an amount equivalent to the Sales Taxes imposed on these charges.
Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
where the context permits, a reference to EMBC. includes its employees, agents, contractors, manufacturers, distributors, directors, officers and related bodies corporate.
Assignment: These Terms are personal to you and us. Neither you nor us may assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other party (such consent not to be unreasonably withheld). Force Majeure: Neither you nor we will be liable for any delay or failure to perform our respective obligations under these Terms if such delay is due to any circumstance beyond our respective reasonable control.
Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other Party.
Amendments: EMBC. reserves the right to amend, change or modify these Terms or any other EMBC.Policies related to use of the website at any time and at its sole discretion by posting revisions on the Website. Continued use of the website following the posting of these changes or modifications will constitute acceptance of such changes or modifications. If any change or modification is unacceptable to you, you can choose to cease to use our website.
Governing Law and Jurisdiction: This website is governed by the business laws of the united states of America. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the US courts.
Severability: If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.
Entire Agreement and Understanding: In respect of the subject matter of the Terms, the Terms contain the entire understanding between the parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the parties has relied entirely on its own enquiries before entering into the Terms.
For any questions or notice, please contact us at:
THE EMBC NETWORK: (718) 954-4536 or (732) 332-8493
[email protected]
Last update: June 1st, 2023
Customer: Anyone who is legal and who tunes in to our programming.
1. SERVICES
1. The website provides a radio broadcasting programming platform for Customers and professionals.
2 Customers and Professionals can use the site to tune in, advertize and blog.
3. ELIGIBILITY AND BASIS OF USE
The website may only be used by individuals aged thirteen (13) years or older. You agree to provide proof of age upon request.
4. PROMOTION CODES
EMBC. may, in its sole discretion, create promotional codes that may be redeemed, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that EMBC establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (I) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by EMBC; (iii) may be disabled by EMBC. at any time for any reason without liability to EMBC.; (iv) may only be used pursuant to the specific terms that EMBC. establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. EMBC reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that EMBC determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
5. ADDITIONAL TERMS AND CONDITIONS
These Terms supplement and incorporate:
1. the Elanmati Media Broadcasting Corp (EMBC) DBA ihealthradio and The iHealth Channel, policies and terms and conditions EMBC. Policies including the EMBC Privacy Policy, both of which are posted at www.theihealthchannel.com (Website);
2. the Apple, Inc. Terms and Conditions including, without limitation, the Licensed Website End User License Agreement provided therein (Apple Terms); and
3. the Android, Google Inc. Terms and Conditions including, without limitation, the License Agreement and Terms of Application (Android Terms).
If any of the provisions of the Apple Terms, the Android Terms or any applicable EMBC. Policies conflict with these Terms, these Terms have priority, solely to the extent such Terms apply to the website.
6. COPYRIGHT AND INTELLECTUAL PROPERTY
1. The EMBC. website contains intellectual property and material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by US and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the website (collectively EMBC. Content). EMBC., the EMBC.. logo, and other EMBC. material used in connection with the website may be unregistered or registered trademarks (collectively EMBC.. Marks).
2. Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered EMBC.. Marks, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to EMBC. (in each case whether registered or unregistered or whether capable of registration), together with any website for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business and website trade, business company or organization names; internet domain names; and website content, EMBC. Content, images and layout.
3. You agree that, as between you and us, we own all Intellectual Property rights in the website, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the copyright which subsists in all creative and literary works displayed in the website. The website is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by EMBC. or the owner of the content.
4. Other trademarks, service marks, graphics and logos used in connection with the website are the trademarks of their respective owners (collectively Third Party Marks).
5. The Intellectual Property, EMBC. Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of EMBC or the applicable trademark holder.
6. Users do not obtain any interest or license in the Intellectual Property, EMBC. Marks or Third Party Marks without the prior written permission of EMBC.. or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.
7. USER LICENCE
1. Subject to these Terms, EMBC.. grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the website for its own personal and/or non-commercial use only on a computer or mobile device (each a Device) owned or controlled by the User as permitted in accordance with these Terms (User License), and not to use the website in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without our prior written consent.
2. The right to use the website is licensed to you and is not being sold to you. You have no rights in the website other than to use it in accordance with these Terms.
3. These Terms and User License governs any updates to, or supplements or replacements for, this website, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
9. CONFIDENTIAL INFORMATION
1. Confidential Information includes confidential information about you, your credit card and other payment details, your personal information, the business, the website, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information,customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
2. In accordance with our Privacy Policy, EMBC. agree not to disclose your Confidential Information to any third party (other than, where necessary, Third Party Suppliers); to use all reasonable endeavors to protect Confidential Information from any unauthorized disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality Services to you, and not for any other purpose.
3. You, including your employees, agents and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavors to protect Confidential Information from any unauthorized disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
4. These obligations do not apply to Confidential Information that:
- 1. is authorized to be disclosed;
- 2. is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
6. must be disclosed by law or by a regulatory authority including under subpoena.
7. The obligations under this clause will survive termination of these Terms
10. USER WARRANTIES
1. By using our website, you warrant that you possess the legal capacity and authority to enter into the Terms and to use the website in accordance with the Terms; you are at least 18 years old; any information you provide is truthful and accurate and you will maintain the accuracy of such information; your use of our website does not violate any applicable law or regulation; you will cooperate with us and provide us with information and/or clarification and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services; you will not infringe any third party rights in working with us and receiving the Services; and you will inform us if you have any concerns relating to our provision of the Services under the website with the aim that we and you will use reasonable endeavors to resolve your concerns.
2. As a condition of your use of the website, you agree to abide by the Terms; not to provide the website to any third party; that EMBC. has the right to refuse you any and all current or future use of the website and that EMBC.. reserves the right to include or exclude entry to, or remove a User from the website.
12. USER INFORMATION AND SECURITY
1. The website may require the transmission of information provided by the User or contained in the User’s Device including but not limited to user names and passwords, details of Orders, addresses, e-mail addresses and financial information (such as credit card numbers) (User Information).
2. If the User uses such website functionality, the User consents to the transmission of User Information to EMBC., its agents and/or service providers and EMBC., its agents and/or service providers to record, process and store such User Information as necessary for the website functionality and for purposes described in our Privacy Policy on our Website.
3. User Information is stored securely. If we are aware of a breach of security, we will notify affected Users and we will cooperate with authorities regarding the breach.
4. The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the website, for all transactions and other activities in the User’s name, whether authorized or unauthorized.
5. The User agrees to immediately notify us of any unauthorized transactions or breach of security associated with the website. We are not responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the website.
6. The website allows Users to submit, upload, publish or otherwise make available EMBC. status text, ratings, commentary, feedback and other communications submitted by you, (collectively, the Status Submissions). These Status Submissions may be hosted, shared, and/or published as part of the website, and may be visible to other Users. Direct messages, location data and files that you send directly to other Users will only be viewable by those User(s) or group(s) you directly send such information; but Status Submissions may be globally viewed by Users.
7. In connection with Status Submissions, you warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use, and you authorize EMBC.. to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the website and these Terms.
8. However, by submitting the Status Submissions to the website, you hereby grant EMBC. a US based business and worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the website and EMBC. (and its successor's) business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the website a non-exclusive license to access your Status Submissions through the website.
9. The website may require the transmission of User Information. In order to access and use the features of the website, you acknowledge and agree that you will have to provide EMBC.. with your mobile phone number. You expressly acknowledge and agree that in order to provide the website, . may periodically access your contact list and/or address book on your Device to find and keep track of mobile phone numbers of other Users. When providing your mobile phone number, you must provide accurate and complete information.
10. You acknowledge and agree that any Status Submissions may be globally viewed by Users that have your mobile phone number and will use the website accordingly. You acknowledge that if you do consent to this publication, you will not submit it as a Status Submission to the website. You retain your ownership rights in your Status Submissions. You acknowledge that whether or not such Status Submissions are published, . does not guarantee any confidentiality with respect to any Status Submissions.
11. EMBC. does not endorse any Status Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Status Submissions. also reserves the right to decide whether content or a Status Submission is appropriate and complies with these Terms. EMBC. may remove such Status Submissions and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
12. You are solely responsible for the status messages that you submit and that are displayed for your mobile phone number on the website. You must notify immediately of any breach of security or unauthorized use of your Device. Although . will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of or others due to such unauthorized use.
13. You are solely responsible for Status Submissions or other communications you transmit onto third party platforms (such as Facebook and Twitter) using the website and may be subject to third party terms and conditions. . does not guarantee any confidentiality with respect to these Status Submissions.
13. ACCEPTABLE USE AND PROHIBITED USE
Access or use by the User of the website and any . Content transmitted in connection with the website is limited to the contemplated functionality. The User agrees that his or her use of the website and Content must comply with these Terms the EMBC. . Policies. In no event may the website or the EMBC.. Content be used in a manner that:
1. harasses, abuses, stalks, threatens, defames or otherwise interferes, infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
2. is unlawful, fraudulent or deceptive;
3. uses technology or other means to access the website, Website or content that is not authorized by us;
4. uses or launches any automated system, including without limitation, robots, spiders, or offline readers, to access the website, Website or EMBC. Content;
5. attempts to or tampers with, hinders or modifies the website, attempts to introduce viruses or any other computer codes, files or programs that interrupts, destroys or limits the functionality, knowingly transmit viruses or other disabling features, damages or interferes with the website including but not limited to the use of Trojan horses, viruses, or piracy or programming routines that may damage or interfere with the website.
6. attempts to gain unauthorized access to our computer network or user accounts;
7. encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
8. violates these Terms;
9. attempts to damage, disable, overburden, or impair our servers or networks;
10. fails to comply with applicable third party Terms; or
11. facilitates or assists another person to do any of the above acts.
You must not:
12. print, publish, modify, link to or distribute any content from the website or any other documentation that we provide to you, unless we have authorized you in writing;
13. breach copyright or Intellectual Property rights, including but not limited to, that you must not republish, copy, distribute, transmit or publicly display material from our website; alter or modify any of the material on the website;
14. use the website for commercial purposes;
15. collect or harvest any personally identifiable information, including phone number, from the website, nor to use the communication systems provided by the website for any commercial solicitation or spam purposes;
16. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from and or transfer information.
17. facilitate or assist another person to do any of the above acts.
Any use of the website in any other manner, including, without limitation, resale, transfer, modification or distribution of the website or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the website and EMBC. Content is prohibited.
We reserve the right, in our sole discretion, to terminate any User License, remove content or assert legal action with respect to content or use of the website, that we reasonably believe is or might be in violation of these Terms or EMBC.Policies. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.
Upon termination of the Terms, we have no further obligation to you, and may cease to provide the website and Services to you. The accrued rights, obligations and remedies of the parties are not affected by the termination of the Terms.
14. CONSUMER GUARANTEE
1. Our website comes with consumer guarantees under applicable local consumer law that cannot be excluded.
2. Certain legislation, including Consumer Protection Laws, may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent.
3. These Terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent which EMBC. are able to do so, the liability of EMBC. and its affiliates under those provisions will be limited, at its option to the supplying of the applicable Services again; or the payment of the cost of having the applicable Services supplied again.
15. REFERRAL
On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
16. INFORMATION
While the information and material on the website and otherwise provided to you is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, EMBC. accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of such information and materials. Any reliance you place on the information and materials is at your own risk. You are solely responsible for determining the suitability of any of our Services, and your reliance on any information that is provided to you through our website, Services or materials is at your own risk.
17. DISCLAIMERS
1. We provide the website to the user as is, and the user is using the website at his or her own risk.
2. To the fullest extent allowable under applicable law, we disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the website and the Services are of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis (including issues arising from wireless/Wi-Fi connectivity), or that the use of the website and the Services by the User is in compliance with laws applicable to the User or that User Information transmitted in connection with the website and the Services (including as part of online payment) will be successfully, accurately or securely transmitted.
3. We make no warranties or representations, express or implied, accuracy, quality, completeness or existence of the content and information in the website, technical accessibility, fitness or flawlessness of the website, or that your use of the website will not infringe rights of third parties.
18. LIMITATION OF LIABILITY
1. As a condition of using the website, and in consideration of the website provided by us, we exclude and you agree to the fullest extent allowable under applicable law, in no event shall EMBC.and its parent or related bodies corporate (I) be liable to the User or any third party with respect to use of the website or the Services, including without limitation participation in online payment; and (ii) be liable to the User or any third party for any direct, indirect, special, incidental, punitive, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss of earnings, loss of business opportunities, loss, theft or corruption of user information, the inability to use the website or access its Account or the Services or device failure or malfunction, however arising (including negligence) or otherwise arising in connection with:
- 1. the use of the website by you, including but not limited to damages resulting from or arising from your reliance on the website, or the interruptions, errors, defects, delays in operation or other conduct by third parties, or any failure of performance of the site;
- 2. any unauthorized access to or use of our secure servers and /or any personal information or financial information stored therein;
- 3. any errors or omissions in any content posted, emailed, transmitted or otherwise made available or any offensive, defamatory or illegal content;
- 4. the disclosure of any of your information;
- 5. the breach, or alleged breach, of any warranty, express or implied, relating to these Terms or any transaction; or
- 6. Government restriction, strikes, war, any natural disaster or force majeure, or any other condition beyond our reasonable control.
3. To the fullest extent allowable under applicable law, (but subject to the maximum extent permitted by applicable law) the maximum aggregate liability of EMBC. and its parent or other affiliated companies to a user, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the website, is the amount that the User pays, if any, to EMBC. for access to or use of the website during the six months period immediately prior to the event giving rise to such liability.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of EMBC..
19. INDEMNIFICATION
1. By using the website, you agree to defend and indemnify EMBC.. harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to the website; any breach by you of these Terms; any willful, unlawful or negligent act or omission by you; any information that is not accurate, up to date or complete or is misleading or a misrepresentation; any misuse of the Services or the website from or by you; and any violation by you of any applicable laws or the rights of any third party.
2. This indemnification obligation will survive these Terms and your use of the website. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
20. FEEDBACK AND DISPUTES
1. Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the website;
2. If there is a dispute between you and us in relation to these Terms, we agree to the following dispute resolution procedure:
3. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. You and we agree to meet in good faith to seek to resolve the dispute by agreement between you and us (Initial Meeting).
5. If you and we cannot agree how to resolve the dispute at the Initial Meeting, either of us may refer the matter to a mediator. If you and we cannot agree on who the mediator should be, the complainant will ask the Local better business bureau to appoint a mediator. The mediator will decide the time and place for mediation. You and we must attend the mediation in good faith, to seek to resolve the dispute.
6. Any attempts made by you and us to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of you and us under these Terms, by law or in equity.
21. GENERAL
Privacy: We agree to comply with the legal requirements and all applicable Federal, State and City laws of the United States as well as any rules and regulations or any other applicable legislation or privacy guidelines.
Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorized copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
Sales Taxes: If and when applicable, Sales Taxes payable on the Services will be set out on our invoices. By accepting these Terms, you agree to pay us an amount equivalent to the Sales Taxes imposed on these charges.
Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
where the context permits, a reference to EMBC. includes its employees, agents, contractors, manufacturers, distributors, directors, officers and related bodies corporate.
Assignment: These Terms are personal to you and us. Neither you nor us may assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other party (such consent not to be unreasonably withheld). Force Majeure: Neither you nor we will be liable for any delay or failure to perform our respective obligations under these Terms if such delay is due to any circumstance beyond our respective reasonable control.
Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other Party.
Amendments: EMBC. reserves the right to amend, change or modify these Terms or any other EMBC.Policies related to use of the website at any time and at its sole discretion by posting revisions on the Website. Continued use of the website following the posting of these changes or modifications will constitute acceptance of such changes or modifications. If any change or modification is unacceptable to you, you can choose to cease to use our website.
Governing Law and Jurisdiction: This website is governed by the business laws of the united states of America. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the US courts.
Severability: If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.
Entire Agreement and Understanding: In respect of the subject matter of the Terms, the Terms contain the entire understanding between the parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the parties has relied entirely on its own enquiries before entering into the Terms.
For any questions or notice, please contact us at:
THE EMBC NETWORK: (718) 954-4536 or (732) 332-8493
[email protected]
Last update: June 1st, 2023
