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Terms of Use

EMC Terms of Use

eMerchantClub (EMC) provides use the of, and access to, its Internet websites and other services subject to the following terms of use. Please read the following to learn more about our terms of use.

What These Terms of Use Cover

EMC's terms of use cover your access to and use of this website, www.eMerchantClub.com, and all other websites and pages owned or operated by EMC.

In addition, EMC members are subject to the EMC Standard Membership Rules, which are incorporated herein by reference.

These terms of use do not apply to websites that EMC does not own or operate. EMC associated companies such as Specialty Merchandise Corporation (SMC®) may have their own terms of use.

Acceptance of Terms

You may access EMC websites only subject to these terms of use.

By using any EMC pages, in any way accessing this website, www.eMerchantClub.com, www.SMC®eCommerce.com, or using other services of EMC, you are accepting these terms of use.

EMC Privacy Policy

All information that EMC obtains from or about you is subject to our Privacy Policy.

By providing EMC with information, or using any EMC website or services, you consent to the collection and use of this information as set forth in the Privacy Policy.

Password and Security

You may receive a password and account designation upon joining EMC. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

You agree to (a) immediately notify EMC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EMC cannot and will not be liable for any loss or damage arising from your failure to comply with these terms of use.

Prohibited Activities

By using any EMC website or accessing any information contained on any EMC website or system, you agree not engage or assist in any of the following conduct:

Using spiders, robots or otherwise harvesting other's E-mail addresses or telephone numbers from any EMC site or server for purposes of sending unsolicited or unauthorized material.

Manipulating identifiers, such as E-mail headers, to disguise the origin of any content transmitted to or through EMC computer systems.

Relaying E-mail from a third party's mail servers without the permission of that third party.

Using or causing to be used EMC computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation that you may upload, post, E-mail, transmit, or otherwise make available.

Uploading, posting, E-mailing, or transmitting the same message, URL, or post multiple times.

Disrupting the normal flow of dialogue, or causing the screen to scroll faster than users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to use any service.

Harm minors in any way.

Impersonate any person or entity, including, but not limited to, EMC or any EMC representative, or falsely state, imply or otherwise misrepresent your affiliation with EMC or any person or entity.

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content.

Upload, post, E-mail, transmit or otherwise make available any content or material that:

- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

- you do not have a right to make available under any law or under a contractual or fiduciary relationship with EMC or any third party (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)

- infringes any patent, trademark, trade secret, copyright or other proprietary rights of EMC or any third party

- is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation

- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Interfere with or disrupt servers or networks, or disobey any requirements, procedures, policies or regulations of networks.

Violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Federal Trade Commission, and any regulations having the force of law.

Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

Collect or store personal data about other users or EMC members.

Attempt to override or circumvent any of the usage rules embedded into EMC websites.

Infringe on any EMC trade names, trademarks or service marks.

Use the names EMC or eMerchantClub, the EMC logo or any other trademarks or trade names of EMC or its affiliates, or any confusingly similar names, in the conduct of any business.

Use the name or likeness of any EMC spokesperson, employee or other member.

Infringe on any EMC copyright, copy or link to www.eMerchantClub.com, www.SMC®eCommerce.com, or any other website of EMC or its affiliates, copy or use any text, graphics or online content of EMC or its affiliates.

Contact or solicit other EMC members.

Engage in any unlawful, unfair or deceptive business practice.

Nothing in these terms of use is intended to grant any right to transmit E-mail to or through EMC computer systems. EMC does not waive any rights by the failure to enforce this policy in every instance in which it might apply.

Notice: Sending unsolicited E-mail advertisements to or through EMC computer systems will use or cause to be used EMC servers located in Ventura County, California. Any unauthorized use of EMC computer systems is a violation of these terms of use, the EMC Standard Membership Rules, and federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.), Section 502 of the California Penal Code, and Section 17538.45 of the California Business and Professions Code. Any violations may subject the sender and his or her agents to civil and criminal penalties.

Registration Obligations

In consideration of your use of the website, you represent that you are of legal age to form a binding contract, are over 18 years of age, and are not barred from receiving services under the laws of the United States or other applicable jurisdiction.

You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form.

Content

Any unauthorized reproduction, publication, further distribution or public exhibition of the content and materials provided on any EMC website, in whole or in part, is strictly prohibited.

You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by EMC or submitted to EMC, including without limitation information in EMC forums or message boards, and in all other parts of any website.

Under no circumstances will EMC be liable in any way for any content on any of its websites, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, E-mailed, transmitted or otherwise made available by EMC.

With respect to any content or information you submit to EMC in any way or make available for inclusion on any EMC website, you grant EMC the following perpetual, world-wide, royalty free rights and license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content

Please remember that EMC websites are designed to appeal to a broad audience. Accordingly, it is the responsibility of the parent or legal guardian to determine whether access to any EMC services or content is appropriate for a minor.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Modification and Cancellation

EMC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the use or content of any EMC website, any EMC service, or any part thereof, with or without notice.

EMC shall not be liable to you or to any third party for any modification, suspension, cancellation or discontinuance.

Dealings with Others

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through EMC or its websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

EMC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such persons.

Copyright and Legal Claims

EMC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, your intellectual property rights, or any applicable laws, rules or regulations have been otherwise violated, please provide EMC with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest

a description of the work, property or requirement that you claim has been infringed

a description of where the material that you claim is infringing is located on the site

your address, telephone number, and E-mail address

a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law

a statement by you, made under penalty of perjury, that the above information is accurate and that you are the intellectual property owner or are authorized to act.

Warranty Exclusions

ALL EMC WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMC IS NOT LIABLE FOR ANY LOSSES, COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO OR USE OF ANY EMC WEBSITE, ANY SERVICES WE PROVIDE OR THE ADVERTISING OF OUR PRODUCTS. NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS GIVEN OR ASSUMED BY EMC OR ITS AFFILIATES, AND ALL SUCH WARRANTIES, REPRESENTATIONS AND TERMS ARE HEREBY DISCLAIMED AND EXPRESSLY EXCLUDED. NO ADVICE OR INFORMATION GIVEN BY EMC OR ANY OF OUR REPRESENTATIVES SHALL CREATE ANY WARRANTY.

Damage Limitations

EMC'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF OR ACCESS TO ANY EMC WEBSITE SHALL NOT EXCEED THE HIGHER OF US$1,000.00 OR THE TOTAL AMOUNT YOU HAVE PAID TO EMC WITHIN THE PRIOR YEAR. EMC AND ITS AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity

You agree to indemnify and hold EMC, and its subsidiaries, affiliates, agents, employees and business partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through any EMC service, your use of any EMC website or content, your violation of these terms of service, EMC's privacy policy or Standard Membership Rules, or your violation of any rights of another.

Other Terms

Any controversy, dispute or claim of any nature whatsoever arising out of, in connection with or in relation to your use of any EMC website or these terms of use, or involving you and EMC, including the issue of arbitrability, will be resolved by binding arbitration before a retired judge at JAMS in Santa Monica, California in accordance with its rules. If you are not a resident of the United States, the UNCITRAL Arbitration Rules shall apply and JAMS will be the appointing authority. The prevailing party will be awarded all costs and expenses, including without limitation all arbitration, expert witness and attorney fees, costs and expenses. Judgment on any interim or final award may be entered in any court of competent jurisdiction.

These terms of service and the relationship between you and EMC shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to exclusive personal jurisdiction and venue in Los Angeles County, California, and agree that it shall be the sole forum and venue for any and all disputes involving EMC.

The failure of EMC to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision. If one or more provisions of these terms shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected.

These terms of service may be revised or amended by EMC at any time in its sole discretion, by posting the revised terms at www.eMerchantClub.com, and the amended terms will become effective upon posting. No one may modify or waive any of these terms, except in writing signed by the President of EMC.

These terms of service constitute the entire agreement between you and EMC and govern your access to and use of any EMC websites. You also may be subject to additional terms and conditions that may apply when you use or purchase products or services from EMC, its affiliates or third-parties.

Violations

Please report any violations of these terms of use, or the EMC Standard Membership Rules, to us at legal@emerchantclub.com.


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