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Emmaus Investments, Inc. Website Terms and Conditions
- Agreement. This agreement governs your use of the Emmaus Investments (the "Site"). Additional terms
and conditions that apply to specific areas of the Site may also be posted in such areas and, together with this
agreement, govern your use of those areas. By using the Site, you agree to comply with and be bound by this Agreement.
- Acceptance of Agreement. Emmaus Investments reserves the right, in its sole discretion, to change or modify
all or part of this Agreement at any time, effective immediately upon notice published on the Site. Your continued use
of the Site constitutes your binding acceptance of these terms and conditions, including any changes or modifications
made by Emmaus Investments as permitted above. You should cease using the Site immediately if at any time the terms
and conditions of this Agreement become unacceptable to you.
- Ownership. Emmaus Investments owns or has license rights to all content, materials, documents, graphics,
renderings, floor plans, and other items on the Site (collectively "Content"). You have no ownership interest in the
Content, but Emmaus Investments grants you a limited license to view and use Content as described in Section 4 ("License").
The Content is protected under applicable copyright, trademark and other intellectual property laws in the United States
and around the world. You have no other right to view, use, copy, perform, display, or modify the Content except as
described in Section 4. Emmaus Investments may modify, add to, or delete any Content at any time, without notice to, or
permission from you or any third party.
- License Grant. Subject to the terms and conditions of this Agreement, Emmaus Investments hereby grants you a
limited, revocable, non-exclusive, non-transferable and personal license to view and use the Site and the Content for
your own non-commercial purposes and not for republication, distribution, assignment, sublicense, sale, preparation of
derivative works or other use. You may not republish, "mirror", "frame", "transfer", deep link into, link to, or otherwise
make available to third parties the Site or the Content except with the prior written consent of Emmaus Investments.
- Copyright. The Content, organization, graphics, design compilation, magnetic translation, digital conversion
and other matters related to the Site are protected under applicable copyright, trademark and other proprietary (including
but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed below, is strictly prohibited. You do not acquire ownership rights to
any Content, document or other materials viewed through the Site. The posting of information or materials on the Site does
not constitute a waiver of any right in such information and materials.
- Trademarks. Emmaus Investments, Inc. and the Emmaus Investments, Inc. logo are either trademarks/service marks
or registered trademarks/service marks of Emmaus Investments. Other product and company names mentioned in the Site may be
trademarks or service marks of their respective owners.
- Warranty Disclaimers. You expressly understand and agree that: (1) your use of the site is at your sole risk.
The site is provided on an "as is" and "as available" basis. Emmaus Investments expressly disclaims all warranties of any
kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. (2) Emmaus Investments makes no warranty that the site will meet your requirements,
that access to the site will be uninterrupted, timely, secure or error-free, that the information on the site will be
accurate or reliable, or that the quality of any products, services, information or other material abtained by you through
the site is intended to constitute or create a warranty.
- Limitation of Liability. Emmaus Investments has no liability whatsoever for your use of, or inability to use,
any information or services on the site. In particular, but not as a limitation thereof, Emmaus Investments is not liable
for any direct, indirect, special incidental or consequential damages (including damages for loss of business, loss of
profits, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence),
product liability or otherwise, even if advised of the possibility of such damages, The negation of damages set forth
above is a fundamental element of the basis of the bargain between Emmaus Investments and you. This site and the information
would not be provided without such limitations.
- Links to Other Web Sites. The Site may contain links to other websites. Emmaus Investments is not responsible for
the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for
accuracy or completeness by Emmaus Investments. Inclusion of any linked website on the Site does not imply approval or
endorsement of the linked website by Emmaus Investments. Emmaus Investments also makes no representations about the personal
identification information or other data collection policies or practices of any linked websites. If you decide to leave the
Site and access these third-party websites, you do so at your own risk.
- Privacy. The Privacy Policy, which is incorporated herein and a part of this
Agreement, shall govern the collection practices and use of any information collected by Emmaus Investments on the Site. This
Privacy Policy shall govern only that information gathered online through this Site and is not applicable to
any information collected by Emmaus Investments in any other manner.
- Miscellaneous. This Agreement shall be governed in all respects by the laws of the State of California, without
regard to conflicts of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement or
arising out of this Site in the state courts located in Placer County, California or in the federal courts located in the
Northern District of California. Emmaus Investments does not guarantee continuous, uninterrupted or secure access to the Site
or services, and operation of the Site may be interfered with by numerous factors outside of Emmaus Investments' control. You
shall comply with all applicable laws, statutes, ordinances, and regulations affecting your use of the Site. If any provision
of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be
enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of
such section. Emmaus Investments' failure to act with respect to a breach by you or others does not waive its right to act with
respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between Emmaus
Investments and you with respect to the subject matter hereof.
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