Terms Of Use | EminentGlobal

THIS WEB SITE, AS DEFINED BELOW, IS MAINTAINED BY EMINENT GLOBAL SOLUTIONS LLC (“EGS”) AND IT MAY NOT BE USED FOR COMMERCIAL BENEFIT WITHOUT THE EXPRESS WRITTEN CONSENT OF EGS.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. THESE WEB SITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. IF YOU MUST BE 18 YEARS OF AGE OR OLDER, OR THE AGE OF MAJORITY AS THAT IS DEFINED IN YOUR JURISDICTION, WHICHEVER IS OLDER, TO USE THE WEB SITE IN ANY MANNER. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE REPRESENTING ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. YOUR ACCESS AND USE OF THE WEB SITE REPRESENTS YOUR WARRANTY TO EMINENT GLOBAL SOLUTIONSLLC. THAT YOU WILL USE THE WEB SITE IN A MANNER CONSISTENT WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS.

AS USED HEREIN, ALL REFERENCES TO "WEB SITE" MAY INCLUDE, INDIVIDUALLY, ALL AND/OR IN ANY COMBINATION, EMINENTGLOBALSOLUTIONS.COM, AS WELL AS OTHER WEB SITES OPERATED BY OR ON BEHALF OF EMINENT GLOBAL SOLUTIONS LLC., AND ALSO INCLUDES MOBILE APPLICATIONS. THE WEB SITE IS MAINTAINED BY EMINENT GLOBAL SOLUTIONS LLC. THE WEB SITE IS MAINTAINED, OWNED, AND CONTROLLED BY EGS. USE OF THE TERM "EGS" WITHIN THESE WEB TERMS SHALL INCLUDE EGS, ITS AFFILIATES AND SUBSIDIARIES AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AUTHORIZED REPRESENTATIVES. EGS IS HEADQUARTERED AT 7549 SOM CENTER RD. SOLON, OH 44139. THE MAIN TELEPHONE NUMBER IS (216) 375-7272.

ALL MATERIAL ON THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO TEXT, IMAGES, AND ILLUSTRATIONS, IS PROTECTED BY COPYRIGHTS AND/OR TRADEMARKS, REGISTERED AND UNREGISTERED, WHICH ARE OWNED AND CONTROLLED BY EMINENT GLOBAL SOLUTIONS LLC OR BY OTHER PARTIES THAT HAVE LICENSED THEIR MATERIAL TO EMINENT GLOBAL SOLUTIONS LLC. MATERIAL FROM ANY WEB SITE OWNED, OPERATED, LICENSED, OR CONTROLLED BY EMINENT GLOBAL SOLUTIONS LLC MAY NOT BE COPIED, REPRODUCED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY WAY. THE MATERIALS ON THIS WEB SITE MAY NOT BE USED FOR COMMERCIAL BENEFIT WITHOUT EXPRESSED WRITTEN PERMISSION BY EMINENT GLOBAL SOLUTIONS LLC. EMINENT GLOBAL SOLUTIONS LLC AUTHORIZES YOU TO VIEW AND ACCESS A SINGLE COPY OF THE CONTENT AVAILABLE ON OR FROM THE WEB SITE SOLELY FOR YOUR PERSONAL USE. MODIFICATION OF THE MATERIALS OR USE OF THE MATERIALS FOR ANY OTHER PURPOSE IS A VIOLATION OF THE COPYRIGHTS AND OTHER PROPRIETARY RIGHTS. EXCEPT AS EXPRESSLY ALLOWED BY THESE TERMS OF USE AND/OR SOME OTHER WRITTEN AGREEMENT BETWEEN YOU AND EMINENT GLOBAL SOLUTIONS LLC, THE USE OF ANY SUCH MATERIAL ON ANY OTHER WEBSITE OR NETWORKED COMPUTER ENVIRONMENT IS PROHIBITED. THIS WEB SITE MAY CONTAIN OTHER PROPRIETARY NOTICES, TRADEMARK, AND/OR COPYRIGHT INFORMATION, THE TERMS OF WHICH MUST BE OBSERVED AND FOLLOWED. INFORMATION MAY BE CHANGED OR UPDATED WITHOUT NOTICE. EMINENT GLOBAL SOLUTIONS LLC MAY ALSO MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS AND/OR THE PROGRAMS DESCRIBED IN THIS INFORMATION AT ANY TIME WITHOUT NOTICE.

THE USE OF ANY CONTENT FROM THIS WEB SITE ON ANY OTHER WEBSITE OR NETWORKED COMPUTER ENVIRONMENT IS PROHIBITED, EXCEPT AS EXPRESSLY PERMITTED BY THESE WEB TERMS AND/OR SOME OTHER SIGNED WRITING BETWEEN YOU AND EGS. CONTENT FROM ANY WEB SITE OWNED, OPERATED, LICENSED, OR CONTROLLED BY EGS MAY NOT BE COPIED, REPRODUCED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY WAY. MODIFICATION OF THE MATERIALS OR USE OF THE MATERIALS FOR ANY OTHER PURPOSE IS A VIOLATION OF THE COPYRIGHTS AND OTHER PROPRIETARY RIGHTS. YOU AGREE TO NOT USE THE WEB SITE OR ITS CONTENTS IN ANY MANNER THAT MAY OR WILL: (A) VIOLATE ANY FEDERAL, STATE, OR LOCAL LAWS AND THEIR RESPECTIVE REGULATIONS (COLLECTIVELY “LAWS”); (B) BE MENACING, DISCRIMINATORY TO ANY CLASS PROTECTED BY LAWS, DEFAMATORY, OFFENSIVE, OR OBSCENE; (C) VIOLATE OR INFRINGE UPON THE PRIVACY, PUBLICITY, COPYRIGHT, TRADEMARK, TRADE SECRET, PERSONAL RIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, INCLUDING, WITHOUT LIMITATION, EGS; OR (D) ADVERTISE FOR OR PROMOTE ANY PERSON OR ENTITY.

IF THE WEB SITE IS INTERACTIVE, ALLOWING YOU TO UPLOAD AND/OR DOWNLOAD CONTENT FROM THE WEB SITE, YOU WILL BE ISSUED A PERSONAL USER ID AND PASSWORD, WHICH WILL ALLOW YOU, IN ACCORDANCE WITH THESE TERMS OF USE, ACCESS AND USE YOUR ACCOUNT. WE UNDERSTAND THAT THE PRIVACY AND SECURITY OF DATA THAT ARE MAINTAINED ON THE WEB SITE ARE IMPORTANT, AND THEREFORE, WE USE COMMERCIALLY REASONABLE SECURITY TECHNOLOGY, FEATURES AND POLICIES TO PROTECT THAT PRIVACY. HOWEVER, PLEASE KEEP IN MIND THAT SUCH RECORDS ARE ONLY SECURE IF YOU PROTECT YOUR PASSWORD AND CHANGE YOUR PASSWORD FREQUENTLY.

WHEN YOU UPLOAD AND/OR DOWNLOAD INFORMATION TO OR FROM THE WEB SITE, SUCH CONTENT UPLOADS AND DOWNLOADS WILL BE COMMUNICATED USING COMMERCIALLY REASONABLE SECURITY PROCEDURES AND PROCESSES. HOWEVER, EMINENT GLOBAL SOLUTIONS LLC CANNOT AND WILL NOT GUARANTEE THAT: (A) THE CONTENT, DURING ITS TRANSMISSION, WILL BE PROTECTED AGAINST LOSS, MISUSE OR ALTERATION BY THIRD PARTIES; OR (B) ACCESS TO YOUR ACCOUNT WILL BE UNINTERRUPTED; OR (C) THE COMMERCIALLY REASONABLE SECURITY PROCEDURES AND PROCESSES CANNOT BE BREACHED.

IT IS YOUR RESPONSIBILITY TO ENSURE THAT NO UNAUTHORIZED PERSON SHALL HAVE ACCESS TO YOUR USER ID AND PASSWORD. IT IS YOUR SOLE RESPONSIBILITY TO CONTROL ACCESS TO AND USE OF YOUR USER ACCOUNT, AND PROMPTLY INFORM EMINENT GLOBAL SOLUTIONS LLC OF ANY NEED TO DEACTIVATE OR CHANGE YOUR USER ID AND/OR PASSWORD. EMINENT GLOBAL SOLUTIONS LLC CANNOT AND WILL NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT SUBMITTED TO YOUR ACCOUNT OR ANY CONTENT THAT IS USED OR MISUSED WHETHER SUBMITTED, USED, OR MISUSED BY YOU, YOUR DESIGNEES, AND/OR OTHER THIRD PARTIES. ALL YOUR ACTS AND OMISSIONS AND THOSE OF UNAUTHORIZED USERS WHO ACCESS THE WEB SITE VIA YOUR USER ID AND PASSWORD SHALL BE DEEMED TO BE YOUR ACTS AND OMISSIONS.

YOU HEREBY GRANT EMINENT GLOBAL SOLUTIONS LLC, ITS EMPLOYEES, OFFICERS, DIRECTORS AND ALL OTHER PERSONS OR ENTITIES INVOLVED IN THE OPERATION OF EMINENT GLOBAL SOLUTIONS LLC, THE RIGHT TO ACCESS, TRANSMIT, RECEIVE, MONITOR, RETRIEVE, STORE, MAINTAIN, AND USE THE CONTENT IN YOUR ACCOUNT FOR THE PURPOSE OF PROVIDING SERVICES, OPERATING THE WEB SITE, OR IN ORDER TO CARRY OUT THE LEGAL RESPONSIBILITIES OF EMINENT GLOBAL SOLUTIONS LLC. YOU UNDERSTAND, AGREE, CONSENT AND AUTHORIZE YOUR CONTENT TO BE STORED, ENTERED, AND MAINTAINED ON THE WEB SITE IN ACCORDANCE WITH THESE TERMS OF USE AND EMINENT GLOBAL SOLUTIONS LLC’S RELEVANT POLICIES AND PROCEDURES.

REGARDING YOUR USER ID AND PASSWORD, YOU EXPRESSLY AGREE (I) TO MAINTAIN THE SECURITY OF YOUR USERS ID, PASSWORD, AND OTHER CONFIDENTIAL INFORMATION RELATING TO YOUR ACCOUNT AND/OR THE ACCOUNTS WHICH YOU HAVE BEEN GRANTED ACCESS; (II) TO NOTIFY EMINENT GLOBAL SOLUTIONS LLC AS SOON AS REASONABLY PRACTICABLE OF ANY REAL OR SUSPECTED UNAUTHORIZED USE OF THE USERS ACCOUNT; (III) TO NOTIFY EMINENT GLOBAL SOLUTIONS LLC WHEN YOU NO LONGER REQUIRE THE USE OF YOUR USER ID AND PASSWORD; AND (IV) TO COMPLY WITH INSTRUCTIONS PROVIDED BY EMINENT GLOBAL SOLUTIONS LLC FOR USING, MAINTAINING, OR CORRECTING YOUR ACCOUNT.

INFORMATION EGS PUBLISHES ON THE WORLD WIDE WEB MAY CONTAIN REFERENCES OR CROSS REFERENCES TO PRODUCTS, PROGRAMS, AND SERVICES THAT ARE NOT ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT EMINENT GLOBAL SOLUTIONS LLC INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL EMINENT GLOBAL SOLUTIONS LLC BUSINESS CONTACT FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS, AND SERVICES THAT MAY BE AVAILABLE TO YOU.

EMINENT GLOBAL SOLUTIONS LLC MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEB SITES WHICH YOU MAY ACCESS THROUGH THIS WEB SITE. WHEN YOU ACCESS A NON-EMINENT GLOBAL SOLUTIONS LLC WEB SITE THROUGH THIS WEB SITE, PLEASE UNDERSTAND THAT IT IS INDEPENDENT FROM EMINENT GLOBAL SOLUTIONS LLC, AND THAT EMINENT GLOBAL SOLUTIONS LLC HAS NO CONTROL OVER THE CONTENT ON THAT WEB SITE. IN ADDITION, A LINK TO A NON-EMINENT GLOBAL SOLUTIONS LLC WEB SITE DOES NOT MEAN THAT EMINENT GLOBAL SOLUTIONS LLC ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE, OF SUCH WEB SITE. IT IS UP TO YOU TO TAKE PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. NOTHING ON THIS WEB SITE CONSTITUTES AN OFFER TO SELL OR SOLICITATION TO BUY SECURITIES. NO FAILURE OR DELAY BY EMINENT GLOBAL SOLUTIONS LLC IN EXERCISING ANY RIGHT HEREUNDER WILL OPERATE AS A WAIVER THEREOF, NOR WILL ANY PARTIAL EXERCISE OF ANY RIGHT OR POWER HEREUNDER BY EMINENT GLOBAL SOLUTIONS LLC PRECLUDE FURTHER EXERCISE. NO AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP IS INTENDED NOR CREATED BY THESE TERMS OF USE.

EMINENT GLOBAL SOLUTIONS LLC DOES NOT WARRANT THAT THE WEB SITE IS ERROR-FREE OR THAT THE WEB SITE WILL BE PROVIDED. MATERIALS FOUND WITHIN THIS WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS. ALL MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EMINENT GLOBAL SOLUTIONS LLCDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY; HOWEVER, THEY SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.

EMINENT GLOBAL SOLUTIONS LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (SUCH DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST DATA, AND/OR COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES) HOWEVER ARISING, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE EMINENT GLOBAL SOLUTIONS LLCSHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIM BROUGHT AGAINST YOU BY A THIRD PARTY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IF EMINENT GLOBAL SOLUTIONS LLCIS RESPONSIBLE FOR ANY DAMAGES, THE MAXIMUM AMOUNT YOU MAY RECOVER FOR ANY AND ALL CLAIMS RELATING TO THIS YOUR USE OF THE WEB SITE SHALL NOT EXCEED TWO HUNDRED DOLLARS ($200). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THESE EXCLUSIONS MAY NOT APPLY; HOWEVER, THEY SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.

YOU AGREE TO DEFEND (WITH COUNSEL SELECTED OR APPROVED BY EGS), INDEMNIFY, AND HOLD EGS HARMLESS FROM ANY CLAIM OR DEMAND (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS), MADE BY ANY THIRD PARTY ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY CONTENT POSTED BY YOU ON ANY EGS WEB SITE; (B) YOUR VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS; AND/OR (C) YOUR VIOLATION OF THESE WEB TERMS.

THESE WEB TERMS SHALL BE CONSTRUED, GOVERNED, AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO, EXCEPT TO THE EXTENT THAT FEDERAL LAW PREEMPTS THOSE LAWS, WITHOUT GIVING EFFECT TO CONFLICT OF LAW PROVISIONS WHICH WOULD RESULT IN THE APPLICATION OF ANY LAW OTHER THAN OHIO LAW. YOU AND EGS CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE COURTS LOCATED IN CUYAHOGA COUNTY, OHIO (“MANDATORY VENUE”). YOU AND EGS WAIVE ANY OBJECTIONS TO THE JURISDICTION AND VENUE OF THE MANDATORY VENUE AND AGREE THAT ANY DISPUTE ARISING UNDER OR RELATED TO THE WEB SITE OR THESE WEB TERMS SHALL BE BROUGHT EXCLUSIVELY IN THE MANDATORY VENUE.

THESE WEB TERMS REPRESENT THE ENTIRE AND INTEGRATED AGREEMENT BETWEEN YOU AND EGS RELATED TO THE WEB SITE AND SUPERSEDES ALL PRIOR NEGOTIATIONS, REPRESENTATIONS, AND AGREEMENTS, WHETHER ORAL OR WRITTEN, THAT RELATED TO THE SUBJECT MATTER OF THESE WEB TERMS. THESE WEB TERMS MAY BE AMENDED ONLY BY A WRITTEN DOCUMENT SIGNED BY YOU AND EGS OR BY EGS’S POSTING OF NEW WEB TERMS. WHENEVER POSSIBLE, EACH PROVISION OF THESE WEB TERMS WILL BE INTERPRETED IN SUCH MANNER AS TO BE EFFECTIVE AND VALID UNDER APPLICABLE LAW, BUT IF ANY PROVISION OF THESE WEB TERMS IS HELD TO BE INVALID, ILLEGAL, OR UNENFORCEABLE IN ANY RESPECT UNDER ANY APPLICABLE LAW OR RULE IN ANY JURISDICTION, SUCH INVALIDITY, ILLEGALITY, OR UNENFORCEABILITY WILL NOT AFFECT ANY OTHER PROVISION OR THE EFFECTIVENESS OR VALIDITY OF ANY PROVISION IN ANY OTHER JURISDICTION, AND THESE WEB TERMS WILL BE REFORMED, CONSTRUED, AND ENFORCED IN SUCH A MANNER AS TO MAKE SUCH PROVISION VALID, LEGAL, OR ENFORCEABLE.