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Terms of Service

Terms of Service
Privacy Policy
Community Guidelines
EMEAT API Terms

Last Updated On: April 17th, 2023.

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

  1. By using the Services in any manner, including but not limited to visiting or browsing the Site or accessing or using the EMEAT Web and Mobile Application(s) (defined below), you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site or through the Mobile Applications by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
  2. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. Account Information

  1. Registration. You may be required to sign up for an account, select a password and user name (“User ID”), and provide us with certain information or data, such as your contact information. If you are a user setting up an account on behalf of an entity you represent (an “Entity Representative”), you represent and warrant that you are authorized to bind the entity you represent and are authorized by such entity to access the Services on such entity’s behalf. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
  2. Use Restrictions. You will only use the Services in a manner that complies with all laws that apply to you and any company upon whose behalf you are using the Services, if you are not using the Services in your capacity as a representative of the company that has subscribed to the Services then you will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
  3. Account Protection. You will not share your User ID, account or password with anyone, and you must protect the security of your User ID, account and your password and any other access tools or credentials. You are responsible for any activity associated with your User ID and account.

3. Web and Mobile Application Terms

  1. Web and Mobile Application License. Subject to these Terms of Service (including any limitations and restrictions set forth on the Web and Mobile Application (defined below) and/or during the registration process), we hereby grant to users of the EMEAT Website and Mobile Application (the “Application”) a worldwide, non-exclusive, non-sublicensable and non-transferable license to access and use the Application for their own internal personal or business purposes, as applicable, and subject to any restrictions and obligations associated with a subscription to the Services (including related to your enrollment as a Free user for the “Market Data & Easy Analytics” suite).
  2. Application Use Restrictions. The data tools you have access to, including the amount of data and your ability to export and download data, may depend on whether you are enrolled as a Free, Free Trial, or Premium user (collectively, the “EMEAT Plans” and each an “EMEAT Plan”). Users of EMEAT Paid and EMEAT Free Trial, for example, may have access to certain data sets and features that users of EMEAT Free are unable to access. For more information about additional business terms and restrictions that apply to your use of the Application, please visit (https://emeat.io) for the “Market Data & Easy Analytics” suite and (https://emeat.io/advanced-analytics-pricing) for the “Advanced Analytics” suite.”.

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. Use of EMEAT’s Application Programming Interface (API)

These terms of service ("Terms") govern your use of data accessed through an application programming interface ("API") provided by Ola for internal use. By accessing and using the data via the API, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the data via the API.

API Access: Ola grants you a non-exclusive, non-transferable, revocable license to access and use the data via the API solely for internal use within your organization. You may not use the data via the API for any commercial or external purposes, including but not limited to selling, renting, or providing access to the data to third parties.

Data Usage: You shall only use the data accessed via the API for lawful purposes and in compliance with all applicable laws, regulations, and industry standards. You shall not use the data to engage in any activity that is illegal, harmful, offensive, or violates the rights of any third party, including but not limited to intellectual property rights, privacy rights, and data protection rights.

Data Security: You shall take reasonable measures to protect the data accessed via the API from unauthorized access, use, or disclosure, and shall comply with all applicable data protection laws and regulations. You shall not share, sell, or disclose the data accessed via the API to any third party without prior written consent from us.

Intellectual Property: The data accessed via the API and all intellectual property rights therein, including but not limited to copyrights, trademarks, trade secrets, and patents, are and shall remain the exclusive property of Ola. These Terms do not grant you any ownership rights or licenses to the data accessed via the API, except as expressly stated herein.

Termination: Ola may terminate your access to the data via the API at any time for any reason, without liability. You may also terminate your use of the data via the API at any time by ceasing to access and use the API. Upon termination, you shall immediately cease all use of the data accessed via the API and delete or destroy any copies of the data in your possession or control.

Disclaimer of Warranties: The data accessed via the API is provided "as is" and Ola makes no warranties, express or implied, regarding the accuracy, reliability, or completeness of the data. Ola disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability: In no event shall Ola be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of the data via the API, even if Ola has been advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with Ola related to the data via the API shall be to discontinue your use of the API.

Indemnification: You shall indemnify, defend, and hold harmless Ola and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the data via the API, your breach of these Terms, or your violation of any applicable laws or regulations.

7. Rules of Conduct

  1. As a condition of use, you represent, warrant and covenant not to use the Services for any purpose that is prohibited by these Terms of Service or applicable laws, rules and regulations applicable to you (including, but not limited to, those related to data privacy, international communications, export laws and the transmission of technical or personal data laws, and the U.S. Foreign Corrupt Practices Act). You are responsible for all of your activity in connection with the Services.
  2. You shall not (directly or indirectly):
    1. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
    2. interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
    3. bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
    4. remove or otherwise alter any proprietary notices or labels from the Services or any portion thereof;
    5. use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
    6. harvest or scrape any tables, marketing data, charts, market analytics, price analysis or correlation, blogs, RSS feeds (“Content”) from the Services;
    7. otherwise take any action in violation of our guidelines and policies;
    8. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction;
    9. modify, translate, or otherwise create derivative works of any part of the Services;
    10. download, copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder or any significant portion of the Content; or
    11. engage in or attempt to engage in any of the foregoing, or otherwise download or store any data, to build any data model, or any application or product that is competitive with any of our Services.
  3. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
    1. satisfy any applicable law, regulation, legal process or governmental request;
    2. enforce these Terms of Service, including investigation of potential violations hereof;
    3. detect, prevent, or otherwise address fraud, security or technical issues;
    4. respond to user support requests; or
    5. protect the rights, property or safety of us, our users and the public.

8. 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.

9. Payments and Billing

  1. Paid products and Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see our Paid Services page for more details (https://emeat.io/advanced-analytics-pricing). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement. You will not be required to pay any amounts unless you upgrade to a premium tier for the amount and term specified. Any amounts payable hereunder are exclusive of, and you shall be responsible for, all sales taxes, value added taxes, duties, use taxes, withholdings and other governmental assessments, excluding taxes based on our net income.
  2. Billing. We use Stripe, a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if the Payment Processor has already requested or received payment.
  3. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
  4. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS (https://emeat.io/dashboard/profile).
  5. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS (https://emeat.io/dashboard/profile). IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
  6. Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through your Account Settings (https://emeat.io/dashboard/profile), any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. If you want to terminate a Paid Service, you must do it through your Account Settings (https://emeat.io/dashboard/profile). You will be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. We will execute the refund within three business days of the termination date registered in your Account Settings (https://emeat.io/dashboard/profile). Any other changes to your Paid Services can be made anytime through your Account Settings (https://emeat.io/dashboard/profile).
  7. Changes to Your Subscription Service. In the event we make material changes to the terms of your subscription service including these Terms of Service then we will notify you at least thirty (30) days ahead of such change. If you continue to use the Services after the notice period then you will be deemed to have accepted the new revised subscription terms or Terms of Service as applicable. For any questions related to any notice please respond to the email address in the notice.
  8. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
  9. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at contact@emeat.io.

10. Warranty Disclaimer

  1. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
  2. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

11. 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.

12. 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.

13. 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 activities, 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.

14. 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 accuracy, 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 Community Guidelines; once deleted, User - Generated Content may not be retrieved.

15. EMEAT's Permitted Use of User-Generated Content and User Data

  1. EMEAT does not claim ownership of User - Generated Content. Subject to the rights granted to EMEAT in this Term of Service, you retain full ownership of all of User - Generated Content to the extent you would otherwise have intellectual property or other proprietary rights associated with it.
  2. You authorize EMEAT to use and copy any User - Generated Content that you upload, publish, or display on or through any Sites or Services as EMEAT deems necessary to facilitate the posting and storage of such User - Generated Content.
  3. You further authorize EMEAT to anonymize and aggregate User - Generated Content and any other data you share with EMEAT (“User Data”), including data associated with your social media profiles, and by way of example and not limitation, to provide current or future services and for benchmarking, research and development, data products, or other marketing purposes. By uploading, publishing, or displaying User Data on or through any Sites or Services (including authorization to access any third - party account or profile), you grant EMEAT an irrevocable, perpetual, worldwide, royalty - free, non - exclusive license to use anonymized and aggregated User - Generated Content and User Data, in all present and future media, and in any manner relating to EMEAT’s business including to provide any Sites or Services.
  4. For any User - Generated Content that you upload, publish, or display on or through any community portions of the Sites ("Interactive Content"), including without limitation your User Profile, the EMEAT Blog, and Q&A or Comments sections, and any future EMEAT Sites or Services that are designed to be viewed by the public or other Subscribers, you grant to EMEAT an irrevocable, perpetual, worldwide, royalty - free, non - exclusive, transferable license to use, reproduce, translate, alter, publicly perform, publicly display, modify, adapt, publish, excerpt (in w hole or in part), and distribute such Interactive Content, in whole or in part, in all present and future media and in any manner relating to EMEAT’s business. You further agree that EMEAT is free to use any ideas, know - how, concepts, techniques, or other materials implied by Interactive Content. You acknowledge that EMEAT may retain archived copies of such Interactive Content. Subject to the preceding, you may remove Interactive Content from the Sites at any time.

16. 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.

17. 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.

18. Miscellaneous

  1. Account Suspension and Termination. If you have a Free, Free Trial or unpaid subscription then we reserve the right to suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. For all users a violation of these Terms of Service is grounds for termination of your right to use or access the Services. If your account is terminated, you hereby agree to immediately cease use of the Services and delete any data obtained from the Services, except for any rights to retain derivative works expressly granted herein. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  2. Entire Agreement and Severability. These Terms of Service, your subscription agreement or acceptance of Features for a Free, Free Trial or paid subscription, and the Privacy Policy are the entire agreement between you and us with respect to the Services, including use of the Site and the Web and Mobile Application, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic), letters of intent or discussions, between you and us with respect to the Services and all past dealing or industry custom. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  3. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
  4. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
  5. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
  6. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to contact@emeat.io.
  7. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
  8. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

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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