Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country United States
- State: Georgia
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Emos-club
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Template.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to emos-club, accessible from www.emos-club.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.lit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country and state of Georgia, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Terms and Conditions Per Specific Service:
Timing: Some orders and services have delivery timeframes. Others have ranges. Services related to troubleshooting can take as little as 2 days and as long as 60 days. You agree that as long as emos-club is willing to work on your issue that you will honor the payment terms.
Termination: Both parties may agree to terminate project work. Your order commits you to the full payment amount and can not be refunded without mutual consent. Emos-club also reserves the right to refund projects fully or partially on services we are not comfortable handling for any reason.
All Site Orders are Final and Non-Refundable with the Exception Listed below.
Reinstatement Orders: Reinstatement orders are non-refundable for cases in which there has already been an appeal filed. If no appeal has been filed, and emos-club is unsuccessful within 90 days of ordering, a 100% refund will be granted.
EBC Exclusion: A+ Content Orders are Subject to 3 Revision Requests Maximum. Additional requests will be billed at $300 per request.
Max Billable Time: A maximum of 8 hours will be spent per project order, hours beyond this limit is at Emos-club’s sole discretion, and may result in additional charges.
Any website order (with the exception of coaching), does not include phone calls or verbal communication, and if such calls are required, an additional charge will be applied, billable at $400 per hour at our discretion.
Coaching calls: These calls are for time spent consulting with you. The time spent during the 30 or 60 minute session is non-refundable. At our sole discretion we may go above and beyond a call to offer further advice by email.
WARRANTY EXCLUSIONS. CONTRACTOR IS BEING ENGAGED ONLY TO PROVIDE THE SERVICES SET FORTH IN THIS AGREEMENT, INCLUDING ANY AGREED DELIVERABLES. CLIENT ACKNOWLEDGES THAT THE SERVICES ARE AN ITERATIVE PROCESS AND MAY REQUIRE MODIFICATION IN RESPONSE TO CHANGES IN AMAZON’S POLICIES AND REQUIREMENTS. WITH THE EXCEPTION OF THE REPRESENTATIONS AND WARRANTIES IN SECTION 8(a), CONTRACTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES OR DELIVERABLE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONTRACTOR MAKES NO WARRANTY THAT THE SERVICES AND ANY WORK PRODUCT WILL MEET CLIENT’S REQUIREMENTS, THAT THE RESULTS OBTAINED FROM THE SERVICES OR ANY DELIVERABLES WILL BE SATISFACTORY, OR THAT THE SERVICES OR ANY DELIVERABLES WILL MEET CLIENT’S EXPECTATIONS. THE REPRESENTATIVES OF CONTRACTOR HAVE NO AUTHORITY TO GIVE ANY WARRANTIES ON BEHALF OF CONTRACTOR. CLIENT IS SOLELY RESPONSIBLE FOR THE IMPLEMENTATION OF ANY COURSE OF ACTION BASED ON SUCH SERVICES.
Non-Disparagement. Each Party agrees to refrain from publicly or privately taking actions or making statements, written or oral, which might reasonably be expected to denigrate, disparage, ridicule, or defame the goodwill or reputation of the other Party or any of its Affiliate Persons.
Non-Solicit. Client agrees that during the Term and for a period of one year thereafter (the “Restricted Period”), Client shall not, directly or indirectly, solicit any employee, contractor or subcontractor of Contractor or any person or entity who was an employee, contractor or subcontractor of Contractor during the Term. Client further agrees that it will not, without prior written consent of Contractor, during the Term or during the Restricted Period, alone or with others, directly or indirectly, induce or assist any person or entity in inducing any employee, contractor, or subcontractor that is or that is hereafter employed or engaged by Contractor to cease doing business with Contractor or otherwise alter or limit its business relationship with Contractor. If Client breaches this Section 4(d) by hiring any employees, contractors, or subcontractors of Contractor, and prior written authorization has not been obtained, Client shall pay to Contractor a hire fee equal to the greater of: (a) the then current annual salary of each employee, contractor or subcontractor hired in contradiction of this Section 4(d), or (b) $10,000. The Restricted Period will be extended while Client is in breach hereof for a period of time commensurate with the period of time that Client was in breach, to ensure that Contractor receives the full benefit of the Restricted Period.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email:email@example.com