Providing unrivaled business continuity planning products and services; through an exceptionally hands-on customer service experience.
TERMS AND CONDITIONS
These Terms and Conditions (“Terms or Agreement”) governs your use of Emeva’s services, websites, and our platforms, including our mobile applications, (“the Site”, “App”, “Us”, “We,” “Our”, “Company”, “Website”, “Emeva”). By using any of our services, website, subscriptions, or platforms, including our mobile applications (collectively, the “Services”) you signify that you have read, understand, and agree to be
bound by these Terms and Conditions (“Terms” or “Agreement”). These Terms and Conditions apply to all users of the Services, including browsers. As used herein, “You, “User” or “Users”; means anyone who accesses and/or uses the Site or any of our Services or if the user represents an entity or other organization, that entity or organization.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website or within the mobile application. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to Services following the posting of any changes constitutes acceptance of those changes.
These Terms and Conditions were last updated on March 1, 2023.
Section 1 – Account Creation.
You need an account for most Services provided by the Company. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You must be at least 18 years or older and capable of entering into legally binding agreements in order to use our Services. You may not create more than one account.
You have complete responsibility for your account and everything that happens on your account, including for any costs, fees, or damages incurred by you or someone using your account with or without your permission.
Section 2 – Access to the Service.
2.1. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service. The Company has the right to terminate your access to our Services at any time for any reason or for no reason. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service. 2.2. Any new features or services which are added, at our sole discretion, shall also
be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement.
Section 3 – Privacy and Protection of Personal Information.
Section 4 – Third Party Links.
Through your use of the Service, you may be provided with hyperlinks or opt-in selections to other Internet sites or resources, including hyperlinks provided by third-party advertisers and sponsors to the Service. We make no representation or warranty as to those sites and resources, or the advertising material presented by third-party advertisers and sponsors through the Service. You agree that Company will not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource.
Section 5 – Intellectual Property.
5.1 Certain information available through the Service is the property of the Company and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted and printed or used for any commercial purpose whatsoever without the prior written consent of the Company. The Emeva logo, and any other marks used on the Site are trademarks of Continuity Innovations, LLC. Such marks may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.
5.2 When you use the Services, you keep your rights to information, feedback and content you submit, post or make available on, through or about the Services (“User Content”). However, by using the Services, you grant Emeva an automatic, worldwide, non-exclusive, royalty-free, perpetual license to use, copy, reproduce, adapt, modify, publish, display, transfer, sublicense and distribute your information for any purpose and in any and all media or distribution methods (now known or later developed). By using the Services you agree that you will not be entitled to any compensation from Playbooc for your information or for use of your information, including promotional or commercial uses.
Section 6 – TCPA Consent
You expressly consent to be contacted by Us, other users in your entity group, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your use of our Services or Your account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting
system. Automated messages may be played when the telephone is answered, whether by you or someone else. If You do not wish to receive messages, you may visit our website and select your contact preferences under your account settings. When using our services to send automatic text messages, You are ultimately responsible for ensuring that anyone requesting do-not-call status is removed from your calling or contact lists.
You agree to comply with all provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission’s implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission’s Telemarketing Sales Rule, including the August 2008 Amendment at 16 CFR Part 310, and any other similar Federal or State laws. You represent and warrant that Your use of our Services will not violate these or any other applicable anti-solicitation laws.
Section 7 – Disclaimers; Limitations; Waivers of Liability.
7.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND IS
PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-
INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT
WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS
FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY
OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT
PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN
INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE
(COLLECTIVELY, “CONTINUITY PARTIES”) WARRANT THAT THE SERVICE, INCLUDING THE
INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED,
UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE MOBILE APPLICATION, WEBPAGES
OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES,
WORMS OR OTHER HARMFUL COMPONENTS.
7.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTINUITY
PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH,
LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR
MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF
THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE GRATSY
PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT
THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT
JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE
CONTINUITY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED
(100) US DOLLARS.
7.3 TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY
APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED
TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY
JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF
WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Section 8 – Release.
You forever release, discharge, and covenant not to sue the Continuity Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Continuity Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the Continuity Parties if anything happens to you, your personal information, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), Subscription, the Service, or this Agreement.
Section 9 – Indemnification.
You agree at all times to indemnify, defend and hold harmless the Continuity Parties harmless from any claim, causes of action, damages, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, your violation of any law or the rights of a third-party, or the consequences of any choices you make in reliance on or based on information on this site.
Section 10 – Governing Law and Dispute Resolution.
The laws applicable to the interpretation of this Agreement shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Fresno County, California. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, shall be resolved by final and
binding arbitration in Fresno County, California under the rules of the American Arbitration Association then in effect.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Section 11 – Severability.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 12 – Miscellaneous.
(a) Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information by the Company is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any
registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
(b) This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. If you choose to delete your Account or the Mobile Application, such action will indicate intent
to terminate by the User.
(c) Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you.
(d) You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with the Company relating to the Service.
(e) The section headings used in this Agreement are for convenience only and will not be given any legal import.
(f) Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement.
(g) You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. Your use of our mobile application and Services constitutes acceptance of this Agreement.
Section 13 – Entire Agreement.
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the
Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 14 – Contact Information.
Questions about the Terms and Conditions may be sent to Continuity Innovations via email at email@example.com.
@2023 Continuity Innovations, LLC | All rights reserved.