Emerald Enterprises
Terms and Conditions

1. ACCEPTANCE OF TERMS

By using Emerald Enterprises Services (defined below) you are subject to the following Terms of Service ("TOS"), and Conditions hereafter referred to as TOS, which may be updated by us from time to time without notice to you. By using the Emerald Enterprises Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using Emerald Enterprises owned or operated services, you and Emerald Enterprises shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Privacy Policy) are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF EMERALD ENTERPRISES SERVICES

Emerald Enterprises provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed. You also understand and agree that the Emerald Enterprises Services may include advertisements and that these advertisements are necessary for Emerald Enterprises to provide the Emerald Enterprises Services. You also understand and agree that the Emerald Enterprises Services may include certain communications from Emerald Enterprises, such as service announcements, administrative messages and that these communications are considered part of Emerald Enterprises membership and you will not be able to opt out of receiving them. You may only opt out of the Emerald Enterprises Newsletter. Unless explicitly stated otherwise, any new features that augment or enhance the current Emerald Enterprises Services, including the release of new Emerald Enterprises properties, shall be subject to the TOS. You understand and agree that the Emerald Enterprises Services is provided "AS-IS" and that Emerald Enterprises assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Emerald Enterprises Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Emerald Enterprises Services. You understand that the technical processing and transmission of the Emerald Enterprises Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Emerald Enterprises Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Emerald Enterprises Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Emerald Enterprises Service's registration, newsletter, or advertising form (the “Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Emerald Enterprises has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Emerald Enterprises has the right to suspend or terminate your account and refuse any and all current or future use of the Emerald Enterprises Services (or any portion thereof).

EMERALD ENTERPRISES PRIVACY POLICY Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Emerald Enterprises Privacy Policy.  You understand that through your use of the Emerald Enterprises Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Emerald Enterprises and its affiliates.

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

In the future you will receive a password and account designation upon completing the Emerald Enterprises Service's registration process. 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 Emerald Enterprises 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. Emerald Enterprises cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

5. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Emerald Enterprises are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Emerald Enterprises Services.

Emerald Enterprises does not always control the Content posted via the Emerald Enterprises Services or the Content on Website Links, and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Emerald Enterprises Services, you could possibly be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Emerald Enterprises be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Emerald Enterprises Services. You agree to not use the Emerald Enterprises Services to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a Emerald Enterprises official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Emerald Enterprises Service; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Privacy Policy n, upload, post, email, transmit or otherwise make available any material that 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; i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Emerald Enterprises Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j. interfere with or disrupt the Emerald Enterprises Services or servers or networks connected to the Emerald Enterprises Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Emerald Enterprises Services, including using any device, software or routine to bypass our robot exclusion headers; k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; m. "stalk" or otherwise harass another; and/or n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that Emerald Enterprises may or may not pre-screen Content, but that Emerald Enterprises and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Emerald Enterprises Services. Without limiting the foregoing, Emerald Enterprises and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. 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 Emerald Enterprises or submitted to Ultimate Entrepreneur, including without limitation information in Emerald Enterprises Blog Posts and in all other parts of the Emerald Enterprises Services.

You acknowledge, consent and agree that Emerald Enterprises may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Ultimate Entrepreneur, its users and the public. You understand that the Emerald Enterprises Services and software embodied within the Emerald Enterprises Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Emerald Enterprises and-or content providers who provide content to the Emerald Enterprises Services. You may not attempt to override or circumvent any of the usage rules embedded into the Emerald Enterprises Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Emerald Enterprises Services, in whole or in part, is strictly prohibited.

6. INTERSTATE AND INTERNATIONAL NATURE OF COMMUNICATIONS ON EMERALD ENTERPRISES

When you register, sign up for our newsletter, or advertise with Ultimate Entrepreneur, you acknowledge that in using the Emerald Enterprises Services to send electronic communications (including but not limited to email, search queries, sending messages to Emerald Enterprises Chat or Emerald Enterprises Groups, uploading photos, files and other Internet activities), you will be causing communications to be sent through Emerald Enterprise's computer network located in California.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Emerald Enterprises Services and transfer, posting and uploading of software, technology, and other technical data via the Emerald Enterprises Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Emerald Enterprises Services to parties identified on such lists; (b) agree not to use the Emerald Enterprises Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Emerald Enterprises Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE EMERALD ENTERPRISE'S SERVICES

Emerald Enterprises does not claim ownership of Content you submit or make available for inclusion on the Emerald Enterprises Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Emerald Enterprises Services, you grant Emerald Enterprises the following worldwide, royalty-free and non-exclusive license(s), as applicable: a. With respect to Content, you submit or make available for inclusion on publicly accessible areas of Emerald Enterprises Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Emerald Enterprises Services solely for the purposes of providing and promoting the specific Emerald Enterprises Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Emerald Enterprises Services and will terminate at the time you remove, or Emerald Enterprises removes such Content from the Emerald Enterprises Services. b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Emerald Enterprises Services other than Emerald Enterprises Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Emerald Enterprises Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Emerald Enterprises Services and will terminate at the time you remove, or Emerald Enterprises removes such Content from the Emerald Enterprises Services. c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Emerald Enterprises Services other than Emerald Enterprises Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Emerald Enterprises Services are those areas of the Emerald Enterprises network of properties that are intended by Emerald Enterprises to be available to the general public. By way of example, publicly accessible areas of the Emerald Enterprises Services would include Emerald Enterprises Websites, and portions of Emerald Enterprises Groups that are open to both members and visitors. However, publicly accessible areas of the Emerald Enterprises Services would not include portions of Emerald Enterprises Groups that are limited to members, Emerald Enterprises services intended for private communication such as Emerald Enterprises Mail or Emerald Enterprises Newsletters, or areas off of the Emerald Enterprises network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not under the control of Ultimate Entrepreneur.

9. CONTRIBUTIONS TO EMERALD ENTERPRISES

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Emerald Enterprises through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Emerald Enterprises is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Emerald Enterprises shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Emerald Enterprises may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Emerald Enterprises without any obligation of Emerald Enterprises to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Emerald Enterprises under any circumstances.

10. INDEMNITY

You agree to indemnify and hold Emerald Enterprises and its subsidiaries, affiliates, officers, agents, employees, partners and licensors 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, modify or otherwise make available through the Emerald Enterprises Services, your use of the Emerald Enterprises Services, your connection to the Emerald Enterprises Services, your violation of the TOS, or your violation of any rights of another.

11. NO COMMERCIAL REUSE OF EMERALD ENTERPRISES SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Emerald Enterprises Services (including Content, advertisements, Software and your Emerald Enterprises ID).

12. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Emerald Enterprises may establish general practices and limits concerning use of the Emerald Enterprises Services, including without limitation the maximum number of days that email messages, blogs, or other uploaded Content will be retained by the Emerald Enterprises Services except for paid advertising. You agree that Emerald Enterprises has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Emerald Enterprises Services. You acknowledge that Emerald Enterprises reserves the right to log off accounts that are inactive for an extended period. You further acknowledge that Emerald Enterprises reserves the right to modify these general practices and limits from time to time.

13. MODIFICATIONS TO EMERALD ENTERPRISE'S SERVICES

Emerald Enterprises reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Emerald Enterprises Services (or any part thereof) with or without notice. You agree that Emerald Enterprises shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Emerald Enterprise's Services (or any part thereof).

14. TERMINATION

You may terminate your Emerald Enterprises membership, newsletters, advertising, or any associated email address and access to the Emerald Enterprises Services by submitting such termination request to Ultimate Entrepreneur. You agree that Emerald Enterprises may, without prior notice, immediately terminate, limit your access to or suspend your Emerald Enterprises membership, Newsletter, or advertising, or any associated email address, and access to the Emerald Enterprises Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Emerald Enterprises Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Emerald Enterprises Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Ultimate Entrepreneur's sole discretion and that Emerald Enterprises shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Emerald Enterprises Services. Termination of your Emerald Enterprises membership, Newsletter, or advertising includes any or all of the following: (a) removal of access to all or part of the offerings within the Emerald Enterprises Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Emerald Enterprises Services

15. DEALINGS WITH ADVERTISERS AND AFFILIATES

Your correspondence or business dealings with, or participation in promotions of, advertisers and-or affiliates found on or through the Emerald Enterprises Services, 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 advertiser and-or affiliates. You agree that Emerald Enterprises 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 advertisers and-or affiliates on the Emerald Enterprises Services.

16. LINKS

The Emerald Enterprises Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Emerald Enterprises is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Emerald Enterprises shall 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 Content, goods or services available on or through any such site or resource.

17. EMERALD ENTERPRISE'S PROPRIETARY RIGHTS

You acknowledge and agree that the Emerald Enterprises Services and any necessary software used in connection with the Emerald Enterprises Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Emerald Enterprises Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Emerald Enterprises or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Emerald Enterprises Services, such Content, or the Software, in whole or in part. Emerald Enterprises grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Emerald Enterprises Services. You agree not to access the Emerald Enterprises Services by any means other than through the interface that is provided by Emerald Enterprises for use in accessing the Emerald Enterprises Services.

18. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE EMERALD ENTERPRISES SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE EMERALD ENTERPRISES SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMERALD ENTERPRISES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. ULTIMATE ENTREPRENEURAND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE EMERALD ENTERPRISES SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE EMERALD ENTERPRISES SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EMERALD ENTERPRISES SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EMERALD ENTERPRISES SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EMERALD ENTERPRISES SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ULTIMATE ENTREPRENEUR, OR THROUGH, OR FROM THE EMERALD ENTERPRISES SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE EMERALD ENTERPRISES SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE EMERALD ENTERPRISES SERVICE. IMMEDIATELY DISCONTINUE USE OF THE EMERALD ENTERPRISES SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE EMERALD ENTERPRISES SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

19. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMERALD ENTERPRISES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMERALD ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE EMERALD ENTERPRISES SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EMERALD ENTERPRISES SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE EMERALD ENTERPRISES SERVICE.

20. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

21. SPECIAL ADMONITION FOR EMERALD ENTERPRISES SERVICES RELATING TO

FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Emerald Enterprises Services concerning companies, businesses, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Emerald Enterprises Services is provided for informational purposes only, and no Content included in the Emerald Enterprises Services is intended for trading or investing purposes. Emerald Enterprises and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Emerald Enterprises Services, and shall not be responsible or liable for any trading or investment decisions based on such information.

22. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

23. NOTICE

Emerald Enterprises may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, text message, postings on the Emerald Enterprises Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Emerald Enterprises Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received all notices that would have been delivered had you accessed the Emerald Enterprises Services in an authorized manner.

24. TRADEMARK INFORMATION

You agree that all of Ultimate Entrepreneur’s trademarks, trade names, service marks and other Emerald Enterprises logos and brand features, and product and service names are trademarks and the property of Ultimate Entrepreneur. (the "Emerald Enterprises Marks"). Without Ultimate Entrepreneur's prior permission, you agree not to display or use in any manner the Emerald Enterprises Marks.

25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL

PROPERTY INFRINGEMENT

Emerald Enterprises respects the intellectual property of others, and we ask our users to do the same. Emerald Enterprises may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Ultimate Entrepreneur's Copyright Agent the following information: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b. a description of the copyrighted work or other intellectual property that you claim has been infringed; c. a description of where the material that you claim is infringing is located on the site; d. your address, telephone number, and email address; e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Ultimate Entrepreneur's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Copyright Agent c/o Emerald Enterprises PO Box 10569 Bakersfield, CA 93389 By phone: 661-344-4043  By email: donna@emerald-enterprises.com

26. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Emerald Enterprises and governs your use of the Emerald Enterprises Services, superseding any prior version of this TOS between you and Emerald Enterprises with respect to the Emerald Enterprises Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Emerald Enterprises services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. You and Emerald Enterprises each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Ultimate Entrepreneur, shall be brought first to mediation exclusively in Bakersfield, within the county of Kern, in the state of California. Waiver and Severability of Terms. The failure of Emerald Enterprises to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a mediator of competent jurisdiction to be invalid, the parties nevertheless agree that the mediator should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Emerald Enterprises membership is non-transferable and any rights to your Emerald Enterprises ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your membership may be terminated, and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Emerald Enterprises Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

27. VIOLATIONS

Please report any violations of the TOS to Emerald Enterprises.

Last updated Oct. 5, 2024

Copyright © 2009 Emerald Enterprises All Rights Reserved.

Return from Terms and Conditions 

Share this page:

What’s this?
Newsletter - One Step Ahead
Newsletter - One Step Small

One Step Ahead Newsletter

Sign up Below

Retiring? Take this self evaluation.

Click Here

Online Marketing for Those with New and Growing Businesses 

Click Here to Become a Member and Receive Business Updates about starting or growing a business.