Terms of Service
Last Updated On: August 28th, 2022.
Overview
Please read these Terms of Service (collectively with EMEAT’s Privacy Policy https://emeat.io/legal-stuff/privacy, the “Terms of Service”) fully and carefully before using https://emeat.io (the “Site”) and the services, features, content, Web and Mobile Application or other applications offered by Ola Technologies, Inc. (“Ola”, “we”, “us” or “our”) (the Mobile Applications together with the Site referred to collectively as the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Services. By using the Services in any manner, you and any entity you represent hereby agree that you have read and agree to be bound by and a party to the terms and conditions herein. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES IS EXPRESSLY CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS HEREIN; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER AND MUST CEASE DOING SO IMMEDIATELY.
1. Acceptance of Terms of Service
2. Account Information
3. Web and Mobile Application Terms
4. Messaging
As part of the Services, you may receive communications through the Services, including messages that we send you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages.
5. Analytics
We may collect information from users through the Services in accordance with provisions of our Privacy Policy, such as through user accounts and activity on the Services (“Analytics”). You acknowledge and agree that we may (i) internally use Analytics for our business purposes; (ii) generate data submitted to, collected by, or generated by us in connection with your use of the Services, but only in aggregate, anonymized form which can in no way be linked specifically to you (“Aggregated Anonymous Data”), and (iii) freely use and make available Aggregated Anonymous Data for our business purposes.
6. Rules of Conduct
7. Third Party Services
The Services may permit you to link to other content, websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 website or resource.
8. Payments and Billing
9. Warranty Disclaimer
10. Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR ANY (I) LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE SERVICES (HOWEVER ARISING), (II) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE LESSER OF, (1) FOR ANY PAID SERVICES, THE FEES PAID OR PAYABLE HEREUNDER DURING THE PREVIOUS TWELVE (12) MONTHS, AND (2) $50.00.
11. Disclaimer regarding investment decisions and trading
DECISIONS TO BUY, SELL, HOLD OR TRADE IN SECURITIES, COMMODITIES AND OTHER INVESTMENTS INVOLVE RISK AND ARE BEST MADE BASED ON THE ADVICE OF QUALIFIED FINANCIAL PROFESSIONALS. ANY TRADING IN SECURITIES OR OTHER INVESTMENTS INVOLVES A RISK OF SUBSTANTIAL LOSSES. THE PRACTICE OF “DAY TRADING” INVOLVES PARTICULARLY HIGH RISKS AND CAN CAUSE YOU TO LOSE SUBSTANTIAL SUMS OF MONEY. BEFORE UNDERTAKING ANY TRADING PROGRAM, YOU SHOULD CONSULT A QUALIFIED FINANCIAL PROFESSIONAL. PLEASE CONSIDER CAREFULLY WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION AND ABILITY TO BEAR FINANCIAL RISKS. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE YOU OR ANYONE ELSE INCURS AS A RESULT OF ANY TRADING OR INVESTMENT ACTIVITY THAT YOU OR ANYONE ELSE ENGAGES IN BASED ON ANY INFORMATION OR MATERIAL YOU RECEIVE THROUGH THE EMEAT SERVICES.
12. User Obligations Regarding User Generated Content
You assume the following obligations with respect to any information, profiles, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that you upload, publish, or display on or through any Sites or Services, whether publicly posted or privately transmitted (“User-Generated Content”):
You assume legal responsibility for all your User-Generated Content. You agree that no proprietary rights including but not limited to copyright, trademark, trade secret, publicity or privacy rights, or any other intellectual property rights are being violated by your posting, transmission or sharing of any User - Generated Content via any Sites or Services. You agree not to post, transmit, or share User - Generated Content on any Sites or Services that you: Lack authority or permission to post, transmit, or share, or That violates in any way the rights of other persons or solicits, encourages, or promotes illegal activi ties, including but not limited to activities that threaten, abuse in any way, harass, defame, libel, disparage, invade the privacy or publicity rights of other persons or that are vulgar, obscene, bigoted or hateful, profane, scandalous, obscene.
13. No EMEAT Responsibility for User-Generated Content
EMEAT assumes no obligations to screen and does not routinely pre - screen any User - Generated Content that you upload, publish, or display on or through any Sites or Services. EMEAT does not guarantee the accu racy, integrity, appropriateness, quality, or validity of any User - Generated Content. User Generated Content does not necessarily represent the views or opinions of EMEAT and under no circumstances whatsoever will EMEAT be liable for any User - Generated Con tent, including without limitation liability related to any loss or damage of any kind incurred from using any User - Generated Content uploaded, published, or displayed on or through any Sites or Services. Only you are solely responsible (at your own expens e) for creating backup copies and replacing any of your User - Generated Content. While you agree that EMEAT is not obligated to, EMEAT may remove any User - Generated Content at any time at its sole discretion, including User - Generated Content that in EMEAT’s sole judgment violates this Term of Service or is offensive, illegal, or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. EMEAT assumes no obligation to maintain or store any User - Generated Content. EM EAT may delete, modify, or restrict the display of User - Generated Content at any time for any reason, including but not limited to a change in Subscriber account level, Services cancellation, violation of the Term of Service, or violation of the EMEAT Comm unity Guidelines; once deleted, User - Generated Content may not be retrieved.
14. EMEAT's Permitted Use of User - Generated Content and User Data
15. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Orange County, California.
16. Arbitration
Arbitration Agreement. All disputes shall be resolved through binding arbitration by an appropriate arbitrator using AAA rules. The parties shall agree on an arbitration organization and shall attempt to resolve matters in good faith informally prior to initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Orange County, California, before a neutral arbitrator (“Arbitrators”) in accordance with and under the rules of the American Arbitration Association (“AAA”), unless we mutually agree to another arbitration service (AAA or such other arbitration service being referred to as the “Arbitration Service.” The award or judgment of the Arbitrators shall be final and unappealable by either Party. The prevailing party as determined by the Arbitrators shall be entitled to reasonable costs and attorneys’ fees both as determined by the Arbitrators.
17. Miscellaneous
Contact Information
For any questions related to these Terms of Service you may contact us at the following address: 18030 Brookhurst # 325, Fountain Valley, CA 92708; or by email to: contact@emeat.io.
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