Embarc

Terms Of Service

1. Terms

Embarc and its affiliates (the "Company") provide a variety of products, services, information, and data that may be made available through the web sites (like embarc.com), printed publications, and other means (collectively referred to as the “Services”).

By accessing our website (the "Site"), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing Embarc. The materials contained in Embarc are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to use the website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  2. modify or copy the materials;
  3. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  4. attempt to decompile or reverse engineer any software contained in the website or related apps;
  5. remove any copyright or other proprietary notations from the materials; or
  6. transfer the materials to another person or "mirror" the materials on any other server.
  7. This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials within the Site (the "Content") are provided on an 'as is' basis. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. The Company makes no warranty as to the safety, reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of information on the Site or through the Services including but not limited to any of the data, research, information, charts, tools, rankings, financial information, and/or explanatory information.
  3. Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to by the Site.

4. Limitations

In no event shall the Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Site, even if the Company or its authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

You understand the materials appearing in the Site could include technical, typographical, pricing, or photographic errors. The Company does not warrant that any of the materials on the Site are accurate, complete or current. The Company may make changes to the materials contained in the Site at any time without notice. However the Company does not make any commitment to update the materials.

6. Non-endorsement

The materials appearing in the Site should not be considered any kind of endorsement or investment advice.

You understand that the publishing of any of the Content on the Site does not constitute a recommendation that any particular company, investment, security, person, transaction, or investment strategy (collectively an “Investment”) is suitable for any specific person. You understand that neither the Company nor any of its employees, agents, or affiliates will advise you personally concerning the suitability, value, or risk factors of any particular Investments. To the extent any of the Content is deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. Investment trading involves high degree of risk and volatility. Past results are not an indication of future performance.

You understand that the authors of the Content and owners, agents, employees, and affiliates of the Company may hold positions in Investments referenced in the Content and may trade in and out of their positions at any time. You understand that the performance data of any Investment referenced in the Content is supplied by sources believed to be reliable, that the calculation therein are made using such data, and that such calculations are not guaranteed by these sources or the Site, and that the data and calculations may not be complete or accurate.

7. Links

The Company has not reviewed all of the sites linked to its app and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked website is at the user's own risk.

8. Modifications

The Company may revise these terms of service for its app at any time without notice. By using the Site or Services you are agreeing to be bound by the then current version of these terms of service.

9. Arbitration

YOU AND THE COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either you or the Company has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the above section titled “Code of Conduct,” then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a Third-Party may be arbitrated. Arbitration under these Terms of Use shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Services (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.

10. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.