5 Intellectual Property Rights
The Emerging Humanity website is operated by Emerging Humanity, a California corporation ("Emerging Humanity", "we" or "us"). We provide startups, small businesses, entrepreneurs and other interested parties with educational resources, business tools, classes and workshops, talks, and coaching, consulting and mentoring services (the "Services").
As a customer of the Service or a representative of an entity that's a customer of the Service, you're a "Member" according to this agreement (or "you").
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1.1 Emerging Humanity services are offered through https://emerginghumanity.com (the "Website").
1.2 Modern browser is required in order to use the Services. Additionally, a stable connection to the Internet is required.
1.3 The Services are designed purely for your educational, informative and personal use.
2.2 By using Services of Emerging Humanity, you represent and warrant that you meet all the requirements listed above, and that you won't use Services in a way that violates any laws or regulations. Emerging Humanity may refuse service and change eligibility requirements at any time.
3.1 The Term begins as soon as you access Emerging Humanity and continues as long as you use the Service.
4.1 We provide both free and paid Services. Free services are provided on trial basis. You are eligible for one free consultation session unless agreed differently between you and Emerging Humanity.
4.2 All charges for the paid services are posted on the Website unless different charges are agreed between you and Emerging Humanity ("Charges"). You agree to pay for paid services according to these Terms.
4.3 Paid service must be paid 100% in advance and at the time you are ordering a paid service unless agreed differently between you and Emerging Humanity.
4.4 As long as you're using paid services, you'll provide Emerging Humanity with valid credit card information and authorize us to deduct the charges against that credit card. You'll replace the information for any credit card that expires with information for a valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won't be rejected. If, for some reason, we're unable to process your credit card order, we'll try to charge 3 more times in the next few days.
4.5 You may cancel your paid services at any time subject to the cancellation policy of particular service which is published on the Website. After cancellation, no further amounts will be charged to your credit card and if you are eligible for a refund, money will be refunded to the original payment method.
4.6 You are responsible for any taxes imposed on the services provided under this agreement except in cases where legislation requires us to collect the taxes.
5.1 The Services and Website contains Intellectual Property of Emerging Humanity in the form of website content, graphics, videos, audios, text and any other digital content ("Website Content"). This is an Agreement for the Services, and you are not granted a license to any Website Content under this Agreement. Except to the extent that applicable laws prevent Emerging Humanity from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or the Website; (ii) remove any proprietary notices or labels from the Website Content; reproduce or copy the Website Content or any part thereof; (iii) modify, translate, or create derivative works based on the Website Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Website Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; or (vii) allow third parties to gain access to the Services or to Website Content in any manner other than as expressly permitted in this Agreement.
5.2 You acknowledge and agree that the Services, the Emerging Humanity names and logos and all related product and service names, design marks and slogans, and all other material comprising the Services, are the property of the Emerging Humanity or its affiliates or suppliers (collectively, the "Marks"). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Emerging Humanity or by other parties that have licensed their material to Emerging Humanity. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Emerging Humanity. Your use of the Services confers no title or ownership in the Services or the Marks and is not a sale of any rights in the Services or the Marks. All ownership rights remain in Emerging Humanity or its third-party suppliers, as the case may be.
5.4 You are solely responsible for any content and other material that you submit, publish, transmit, or display on, though, or with our Services ("Content"). You grant us a non-exclusive, worldwide, royalty-free and fully paid license to use the Content, as necessary, for purposes of providing the Services to you and other users of the Services. All rights in and to the Content not expressly granted to us in this Agreement are reserved by you.
5.6 You acknowledge and agree that any comments, ideas and/or reports provided to Emerging Humanity ("Feedback") shall be the property of Emerging Humanity and you hereby irrevocably transfer and assign to Emerging Humanity such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
6.1 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Emerging Humanity. Emerging Humanity may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.
7.1 To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won't be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
8.1 The information contained on the Website or any advice provided to you through the Services or through any digital product, has been prepared or conveyed by Emerging Humanity for general guidance only. Emerging Humanity, its representatives and its employees, are not attorneys, accountants, doctors or financial advisors and therefore such information or advice does not constitute financial, accounting, legal or medical advice. Members are advised to contact qualified professionals directly for advice concerning specific matters before making any decision. Emerging Humanity shall not be held responsible for any damage or loss suffered by the Members due to their failure to avail professional financial, accounting, legal or medical advice before following any information or advice provided by Emerging Humanity.
8.2 Emerging Humanity may advise and/or recommend certain third-party service providers if it is of the opinion that such third-party service providers will help you in achieving set goals. In such case, Emerging Humanity will provide you and discuss with you, reasons behind such recommendation, however, the final decision to follow the recommendation of Emerging Humanity rests with you and Emerging Humanity does not accept any liability for the outcome of any decisions or recommendations which you may decide to implement.
8.3 Emerging Humanity will seek to enable Members to set and achieve goals that will help to bring about desired outcomes for the Members. The Member has sole responsibility for any decisions they may make following any advice, suggestion or recommendation made by Emerging Humanity. Emerging Humanity accepts no liability for the Member's actions. Emerging Humanity has no liability for any loss incurred by any Member, whether financial or otherwise, following commencement of Services, or for any perceived failure by the Member, whether justified or otherwise, to achieve their desired outcomes or goals.
8.4 Testimonials, reviews, feedback and experiences of other Members is posted on the Website for illustrative purpose only. The testimonials, reviews, feedback, and photos used are true and belong to legitimate Members who have described their actual experience without any undue influence. Such testimonials, reviews or feedbacks are not intended to represent or guarantee that current or future Members will achieve the same or similar results; rather, it represents that it is possible to achieve desired goals.
9.1 To the maximum extent permitted by law, we provide the material, suggestion, advice or recommendation published on the Website and/or through the Service "as-is". That means we don't provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Members are responsible to conduct their own due diligence before taking any action based on the material, suggestion, advice or recommendation published on the Website and/or through the Service.
9.2 From time to time down-time, either scheduled or unscheduled, may occur. Emerging Humanity will work within reason to ensure this amount of down-time is limited. Emerging Humanity will not be held liable for the consequences of any down-time.
9.3 Emerging Humanity cannot guarantee that Website Content or Content available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release Emerging Humanity entirely of all responsibility for any consequences of its use.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn't enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers are provided only to make this agreement easier to read and understand.
Amendments or changes to these Terms won't be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service. The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there's a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don't immediately take action on a violation of these Terms, we're not giving up any rights under the Terms, and we may still take action at some point.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at email@example.com , or any addresses as we may later post on the Website.