Terms & Conditions

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

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This website is not designed or intended for children under the age of 13 and does not knowingly collect personal information from any person believed to be under the age of 13. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 13 years of age.

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This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Emerge’s use of cookies in accordance with the terms of Emerge’s privacy policy/cookies policy.

License To Use Website

Unless otherwise stated, Emerge and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

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You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

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You must not:

• republish material from this website (including republication on another website);

• sell, rent or sub-license material from the website;

• show any material from the website in public;

• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

• edit or otherwise modify any material on the website.

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Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

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You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Emerge’s express written consent.

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You must not use this website to transmit or send unsolicited commercial communications.

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You must not use this website for any purposes related to marketing without Emerge’s express written consent.

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Restricted Access

Access to certain areas of this website is restricted. Emerge reserves the right to restrict access to other areas of this website, or indeed this entire website, at Emerge's discretion.

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If Emerge provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

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Emerge may disable your user ID and password at Emerge’s sole discretion without notice or explanation.

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User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.

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You grant Emerge a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to Emerge the right to sub-license these rights, and the right to bring an action for infringement of these rights.

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Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Emerge or a third party (in each case under any applicable law).

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You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

Emerge reserves the right to edit or remove any material submitted to this website, or stored on Emerge’s servers, or hosted or published on this website.

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No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Emerge makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Emerge does not warrant that:

• this website will be constantly available, or available at all; or

• the information on this website is complete, true, accurate, or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

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Limitations of Liability

Emerge will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free of charge for any direct loss;

• for any indirect, special, or consequential loss; or

• for any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Emerge has been expressly advised of the potential loss.

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Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Emerge’s liability in respect of any matter in which it would be illegal or unlawful for Emerge to exclude or limit, or to attempt or purport to exclude or limit, its liability.

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Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

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Other Parties

You agree that the limitations of warranties and liability set out in this website disclaimer will protect Emerge’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Emerge.

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Unenforceable provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

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Indemnity

You hereby indemnify Emerge and undertake to keep Emerge indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Emerge to a third party in settlement of a claim or dispute on the advice of Emerge’s legal advisers) incurred or suffered by Emerge arising out of any breach by you of any provision of these terms and conditions.

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Breaches of These Terms and Conditions

Without prejudice to Emerge’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Emerge may take such action as Emerge deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

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Variation

Emerge may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

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Assignment

Emerge may transfer, sub-contract, or otherwise deal with Emerge’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

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You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

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Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

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Entire agreement

These terms and conditions constitute the entire agreement between you and Emerge in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

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BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY DISCONTINUE USE OF THIS WEBSITE.

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Emerge details

The full name of Emerge is Emerging 1, Inc.

Emerge’s address is 412 Linden Avenue, Rochester, NY 14625 U.S.A.