TERMS OF USE

Last Modified: 10/1/2024

Acceptance of the Terms of Use

These terms of use ("Terms of Use") are entered into by and between you and Emissary ("Emissary," "we," "our," or "us") and govern your access to and use of our website (“Website”) and mobile application (“App”), including any of the content, functionality, and services offered on or through the Website and App. 

Please read the Terms of Use carefully before you start to use the Website or App. By using the Website or App, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.emissary4all.org/privacy-policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or App.

The Website and App are offered and available to users who 18 years of age or older and reside in the United States. By using the Website or App, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or App.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Website or App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

Accessing the Website or App and Account Security

We reserve the right to withdraw or amend the Website and App, and any service or material we provide on the Website and App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or App is unavailable at any time or for any period.

To access the Website, App, or some of the content or services they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and App that all the information you provide on the Website and App is correct, current, and complete. You agree that all information you provide to relating to the Website or App is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website, App, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Emissary, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and App for your personal, non-commercial use only. You must not:

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

  • Access or use for any commercial purposes any part of the Website or App, any services or materials available through the Website or App, or any content generated by the Website or App.

If you provide any other person with access to any part of the Website or App in breach of the Terms of Use, your right to use the Website and App will stop immediately. No right, title, or interest in or to the Website or App is transferred to you, and all rights not expressly granted are reserved by Emissary. Any use of the Website or App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Emissary and its affiliates, licensors, and/or partners own the names, logos, trademarks, service marks, and trade names (“Trademarks”) used on the Website and the App. Nothing on the Website or the App should be construed to grant a license to use the Trademarks, and any use of the Trademarks without Emissary’s prior written consent is prohibited.

Prohibited Uses

You may use the Website and App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or App:

  • In any way that violates or facilitates or promotes the violation of any applicable law or regulation.

  • In any way that harasses or has the potential to interfere with the privacy, security, or safety of any user of the Website or App;

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate Emissary, an Emissary employee, another user, or any other person or entity.

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or App, or which, as determined by us, may harm Emissary or others, or expose them to liability.

  • Additionally, you agree not to:

  • Use the Website or App in any manner that could disable, overburden, damage, or impair the Website or App or interfere with any other party's use of the Website or App.

  • Use any robot, spider, or other automatic device, process, or means to access the Website or App for any purpose, including monitoring any of the material on the Website or App for any purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any manual process to monitor or copy any of the material on the Website or App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website or App.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or App, the server on which the Website and App are stored, or any server, computer, or database connected to the Website or App.

  • Attack the Website or App via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website or App.

Use of and Reliance on Information Posted

The information presented on or through the Website and App is made available solely for general information purposes. We do not warrant the accuracy, completeness, appropriateness, or usefulness of this information. Any use of or reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any use of or reliance placed on such materials by you or any other visitor to the Website or App, or by anyone who may be informed of any of its contents.

This Website and App may include content provided by third parties. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity that created those materials. These materials do not necessarily reflect the opinion or position of Emissary. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials created by any third parties.

Subject to these Terms of Use, Website and App users are allowed to re-post, publish, transmit, and display certain content made available on or through the Website or App, as indicated on the Website and App (“Available Content”).  Any use or modification of Available Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, your use, modification, posting, re-posting, publishing, transmission, and display of Available Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, false, misleading, inappropriate, unethical, discriminatory or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.

  • Give the impression that it emanates from or is endorsed by us or any other person or entity.

You may also choose to upload, transmit, post, re-post, or display your use or modification of Available Content on sites or platforms hosted by third parties, such as Facebook or X. If you decide to do this, you must comply with those third-party content guidelines, as well as with the standards set forth in these Terms of Use. 

You warrant that your use, modification, posting, re-posting, publishing, transmission, and display of Available Content does comply with the standards set forth above, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.  We disclaim all liability and responsibility arising from any use of, modification, posting, re-posting, publishing, transmission, or display of Available Content.  You agree that you are solely responsible (to us and to others) for your use of, modification, posting, re-posting, publishing, transmission, and display of Available Content, as well as for any activity that occurs under your account. 

Use of the Chat Feature

The Emissary chat feature application available on the Website and/or App provides information using artificial intelligence (AI) technologies.  You acknowledge that chat feature responses are meant to be general in nature, informational, and for personal use only.  You should not rely on the chat feature’s communications as the sole source of truth or factual information, nor as a representation of our views.  ALL CONTENT, SUGGESTIONS, AND OUTPUT PROVIDED BY THE CHAT FEATURE SHOULD BE VERIFIED.  THE CHAT FEATURE IS PROVIDED FOR CONVENIENCE AND SHOULD NOT BE RELIED UPON.  EMISSARY MAKES NO REPRESENTATION OR WARRANTY THAT INFORMATION PROVIDED BY THE CHAT FEATURE IS APPROPRIATE, COMPLETE, RELIABLE, OR ACCURATE.

All chat feature conversations may be recorded and are used according to our Privacy Policy. By using our chat feature, you consent to this recording, these Terms of Use, and our Privacy Policy. 

Please note that although we take reasonable steps to ensure security, communications with our chat feature may not be secure.  Accordingly, do not share any private, confidential, or personally identifiable information with the chat feature.  We cannot guarantee the absolute security of those communications. 

You agree and instruct that we may use your communications with the chat feature to develop and improve the chat feature and affiliate machine-learning and artificial intelligence technologies, including to train machine-learning models.

Changes to the Website or App

We may update the content on the Website or App from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Website and App may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

Links from the Website or App

If the Website or App contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website or App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website and App is based in the State of Minnesota in the United States. We provide the Website and App for use only by persons located in the United States. We make no claims that the Website, the App, or any of their content is accessible or appropriate outside of the United States. If you access the Website or App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Website or App or files available for downloading from the internet or the Website or App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE WEBSITE, THE APP, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP IS AT YOUR OWN RISK. THE WEBSITE, THE APP, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EMISSARY NOR ANY PERSON ASSOCIATED WITH EMISSARY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR APP. WITHOUT LIMITING THE FOREGOING, NEITHER EMISSARY NOR ANYONE ASSOCIATED WITH EMISSARY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE APP, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, APP, OR THE SERVER THAT MAKES THEM  AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THE APP, OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE OR APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, EMISSARY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EMISSARY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR APP, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITE OR APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOU FURTHER UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND APP IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES OR OTHER RELIEF RESULTING FROM OR RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE OR APP. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Emissary, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or the App, including, but not limited to any use of the Website or the App's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or the App.

Non-Confidential Information

All information sent to us shall be deemed to be non-confidential. Emissary shall be free to use any information sent to us (such as ideas, proposals, feedback, suggestions, comments, etc.) for any purpose whatsoever, including, but not limited to, developing services and/or products, marketing, etc. In such cases, Emissary shall not be liable to pay compensation, etc. to the sender of such information.  Please do not send us information if you expect to be paid or want to continue to own or claim rights in that information.  By submitting information to us, you grant Emissary and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up, and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license, or sub-license that information, and Emissary shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting information, you hereby release Emissary and its agents and employees from any claims that such use violates any of your rights.

Governing Law and Jurisdiction

All matters relating to the Website, the App, these Terms of Use, the Privacy Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the Privacy Policy, the Website, or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota, in each case located in the City of Minneapolis and County of Hennepin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by Emissary of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Emissary to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Your Comments and Concerns

This website is operated by Emissary at 2561 Territorial Road, St. Paul, MN 55114.

All feedback, comments, requests for technical support, and other communications relating to the Website or the App should be directed to: info@emissary4all.org.

 

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