1. Welcome to Emenator!

This page contains the terms and conditions that (1) govern your use of the website Emenator.com (“Site” or “Emenator”), as well as any related or connected websites; and (2) apply to all products and services offered on or related to the Site, including any applications (collectively the “Services”). Our Privacy Policy is incorporated into these Terms of Service by reference. However, these Term of Service and our Privacy Policy each constitute a binding legal agreement (collectively or individually, the “Agreement” or “Terms”). As a result, you should read the Agreement very carefully. By registering as a member of the Site and/or using the Site, each user ("User," “you,” “your” and terms of similar meaning) has agreed and/or is agreeing to be bound by all Terms herein.

At Emenator, we believe in membership, not censorship, but we do have some rules of conduct across our network that were designed in an attempt to ensure safety and preserve the user experience for all of our members. Thank you for using our Services. The Services are provided by DigiSocial LLC, a Florida limited liability company (“Emenator,” “we,” “us,” “our” and terms of similar meaning). This Agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

The Site provides a wide range of Services and, as such, we may ask you to review and accept supplemental terms and/or policies that apply to your interaction with a specific application, product, or service. By using such application, product, or service, you acknowledge and agree that you are consenting to and are bound by such terms and policies. You must follow any additional policies made available to you within an applicable Service. All such supplemental terms and/or policies are incorporated and made a part of this Agreement.

Emenator’s TOP 20—This is the short list of very important rules that must be followed, including some things you absolutely cannot do when using Site or any of our Services:

• 1. Do not use our Services unless you are at least 18 years old.
• 2. Do not create an Emenator account for anyone (A) under 18 years of age under any circumstances, and (B) other than yourself without written the permission from that individual.
• 3. Do not use the Services or any part of the Site to SPAM our members. If you do not understand what SPAM is, review the definition here.
• 4. Do not use the Services or any part of the Site to harass, bully, threaten, target, intimidate, or stalk anyone. Ever. Don’t be that person.
• 5. Do not use the Services or any part of the Site (1) to traffic, sell, purchase, promote, sponsor, advertise, or market any illegal goods or services; or (2) if your use would violate these Terms and/or encourage others to do the same.
• 6. Do not collect Users' content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) or by using any type of proxy service without our prior permission.
• 7. Do not use the Services or any part of the Site to engage in unlawful multi-level marketing, such as a pyramid scheme. Nobody wants to see that kind of thing.
• 8. Do not upload malicious code or viruses on any part of the Site.
• 9. Do not develop or operate a third-party application (aka an “app”) for use on the Site without the express written consent and agreement of Emenator. Third-party apps containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions are a violation of our Terms of Service and is strictly prohibited.
• 10. Do not use the Services or any part of the Site to do anything unlawful, misleading, malicious, or discriminatory. We don’t like that kind of thing. Don’t do it here.
• 11. Do not do anything that could disable, overburden, or impair the proper working or appearance of the Site or any of our Services, such as a denial of service attack or interference with page rendering or other Site functionality.
• 12. Convicted sex offenders are not welcome on the Site. If you are a convicted sex offender, you must not use the Services or any part of the Site. This is nonnegotiable.
• 13. Do not use the Services or any part of the Site to sell or traffic any living thing with feet, legs, fins, flippers, and/or wings. Yes, that means you cannot sell your puppies (or any other creatures) on the Site. Don’t try it. We take this rule quite seriously. Sales of plants should be held to whatever covenant of laws are the standard legal expectation in our members’ individual municipalities and will not violate any state or federal and/or international laws, statutes, covenants, or other restrictions.
• 14. Do not use the Services or any part of the Site to disseminate, spread, or traffic intentionally misleading or blatantly false news, journalism, and/or information, or distribute, create, or otherwise peddle a propaganda campaign meant to misinform our members or spread disinformation.
• 15. Do not use the Services or any part of the Site to infringe upon other people’s intellectual property rights, violate copyrights, or use trademarks that are not owned by you.
• 16. Do not use the Services or any part of the Site to support, facilitate, or traffic in any act or planned act of terrorism, foreign or domestic.
• 17. Do not use the Services or any part of the Site to engage in any action, either whole or implied, in a way that functions against the United States or its territories, its allies, or any holdings and/or outposts (including military) of the United States, its territories, and/or its allies.
• 18. Human traffickers are prohibited from using the Services or any part of the Site and human trafficking of any kind is not permitted. Do not use the Site to engage in any action, either directly or indirectly, in a way that functions to support, facilitate, or networks in human trafficking.
• 19. Do not use the Services or any part of the Site to display, sell, promote, sponsor, advertise, or market sexually explicit imagines (including pornographic videos, “cam” shows, or erotic pictures or shows) or graphic examples of physical abuse or cruelty to children or animals. We mean it. Don’t do it here.
• 20. You will not facilitate or encourage any violations of this Agreement or our policies

2. General Terms of Service (although still very important)

You represent and warrant as follows:

• 1. You will not engage in or facilitate any illegal activity when using the Services or any part of the Site.
• 2. You will not misuse the Site or any of our Services. For example, you will not interfere with our Services or try to access them using a method other than our official interface(s).
• 3. You will disclose your true and complete identity to us when you register as a member, and you will only use and provide lawful and valid payment methods in connection with any Services. You will maintain and promptly update all registration data to keep it true, accurate, current and complete at all times while you remain a User of the Services. You must promptly inform us of all changes to your registration information, including, but not limited to, changes in your address, and changes in the credit card information you designated for billing for the Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse your current or future use of the Services and Site, as well as possibly subjecting you to criminal and civil liability. You are responsible for rejected payments and any related fees that we incur with respect to your account.
• 4. You will use our Services only as permitted by law, including applicable export and reexport control laws and regulations.
• 5. You are not prohibited by law from using the Services, and you have the legal right, authority and capacity to enter into this Agreement and to abide by all of its Terms, as may be amended from time to time.
• 6. You understand that by using the Services you may be exposed to visual images, verbal descriptions, audio/sounds and other features and/or products that you might find offensive, and you are voluntarily choosing to proceed with your use of the Services.
• 7. We reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the Site. We are not responsible for any offensive or obscene material(s) that may be transmitted by any Users (including unauthorized users, including the possibility of “hackers”).
• 8. We may suspend or stop providing our Services to you if you do not comply with our Terms or policies or if we are investigating suspected misconduct. If your account is suspended for any violation of our Terms, we reserve the right to retain any subscription payments already made for the suspended membership. That is, we reserve the right to not issue a refund to members who are suspended due to a Terms violation.
• 9. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law
• 10. These Terms do not grant you the right to use any branding or logos used in our Services. You will not remove, obscure, or alter any legal notices displayed in or along with our Services
• 11. Our Services often display content that we do not own, and this content is the sole responsibility of the person or entity that owns and/or makes it available.
• 12. In our sole and absolute discretion, we may review content to determine whether it may be illegal or violate our Terms, and we may remove or refuse to display content that we believe may violate our Terms or the law; however, this does not necessarily mean that we review content, so please do not assume that we do.
• In connection with your use of the Services, we may send you service announcements, administrative messages, and other information, and you may opt out of some of those communications if we permit you to do so.
• 14. The Services may from time to time contain links to other sites and/or third-party resources. We are not responsible for, and have no liability as a result of, such sites or content, including, but not limited to, the content located in the Games section of the Site.
• 15. Any purchases you make on the Site from other Users are at your own risk, the transaction is completely between you and the other User, and we will not get involved in any dispute between you and another User regarding the product or service purchased, including, but not limited to, whether you received the product or service, or the quality of the product or service. We do not make any representations regarding any products or services offered on the Site by our Users.
• 16. Regardless of the circumstances, you will not seek to hold us liable or responsible for any transaction with, or purchase you make from, another User through the Site.
• 17. Under no circumstances will you attempt to hold us liable for the content of any message sent by a User.
• 18. You will not bring legal action against the Site or its owner, employees, officers or agents for any damages of any kind, under any theory, as a result of using any of the Services.
• 19. Any and all images uploaded to the Site or through our Services may be used by the Site, without any restriction(s), as marketing materials free of any restrictions. You specifically authorize us to use any images you upload to the Site/Service for marketing the Site and Service, in our sole discretion.
• 20. Nothing in this Agreement is intended by you or the Site to constitute an employment relationship, a joint venture, or collaboration between you and the Site. You acknowledge that you are in no way an employee or agent of the Site and as such, you have no authority to act on the Site’s behalf or to bind the Site to any obligation or agreement.
• 21. If you believe that you have been erroneously billed, you must notify us within 30 days after such billing error first appears on any account statement. If you fail to do this, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of its publication, and you will not attempt to dispute or seek to “chargeback” any such charges.
• 22. When using our Services on a mobile devise, you will not use our Services in a way that distracts you and prevents you from obeying traffic or safety laws.

3. Your Emenator Account

You may need one or more Emenator Branded Account in order to use our Services. You may create your own Emenator Account(s), or your Emenator Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using an Emenator Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your Emenator Account(s), keep your password(s) confidential. You are responsible for the activity that happens on or through your Emenator Account(s). Try not to reuse your Emenator Account(s) password(s) on third-party applications

Unless there are extreme circumstances, it is understood that you, the individual member, are always responsible for the content shared and created through your Emenator account(s).

Individual claims of being “hacked” or having your account otherwise compromised does not absolve you of responsibility for content attributed to you via your account.

Registration and Account Security

With regard to registering and maintaining the security of your account, you represent and warrant to us as follows:

• 1. You will not create an account for anyone other than yourself without their written permission.
• 2. If we disable your account, you will not create another one without our written permission.
• 3. You will not use the Site or any Services if you are under 18 years old.
• 4. You will not use the Site or any Services if you are a convicted sex offender.
• 5. You will provide complete and accurate contact information, you will keep your contact information accurate and up-to-date.
• 6. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
• 7. You will not transfer your account (including any Emenator Group or application you administer) to anyone without first getting our written permission.
• 8. If you select a username or similar identifier for your Account or Profile, we reserve the right to remove or reclaim it in our sole and absolute discretion.

4. Profiles

Any member may create a Site profile, but only Users with authority over the subject matter may own and/or manage the profile. You may not share login credentials for your profile. However, upon your request and our approval, we may authorize users who have authority over the subject matter to act as managers or to become an owner of your profile. Any such User must agree and accept these Terms before becoming a manager or owner. If you transfer ownership of your profile, you will no longer be able to take certain actions on the profile (such as deleting a profile, for example). You may choose any name for your profile, as long as it complies with our Terms. Once you have selected a profile name, you may elect to change it; however, once your profile has a significant number of followers, we reserve the right to no longer allow a name change.

5. Privacy

Our Privacy Policy, which is hereby incorporated by reference, explains how we collect and use your personal data when you use our Services. By using our Services, you agree that we can use such data in accordance with our Privacy Policy.

6. Copyright Policy

We comply with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). Each User acknowledges and agrees that we may terminate the privileges of any User who uses our Services to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. Each User who submits, publishes, uploads, or makes content available to others on the Site, including pictures, images, music, code, or any other copyrightable work, must ensure that the content does not infringe the copyrights of third parties.

If you believe that your copyright has been infringed through the use of the Site or any of our Services, please submit a notice that complies with 17 U.S. C. § 512(c)(3) to our registered DMCA agent via email to copyright@emenator.com. Rather than emailing us, requests can be submitted in writing to our designated DMCA Agent: Victoria Swanson, 653 SW Little Talbot Court, Port St. Lucie, FL 34986. Mailing DMCA notices is strongly discouraged and may delay processing of your request.

Those submitting DMCA notices acknowledge and agree that our compliance with the DMCA should not be considered a promise, either express or implied, to remove any material from this Site. Removal is always done at our sole and absolute discretion.

At a minimum, DMCA notices must include at least the following things:

• 1. Your name, address, telephone number, and e-mail address;
• 2. A description of the copyrighted work that you claim has been infringed;
• 3. The exact URL or web address where the alleged infringing material is located;
• 4. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
• 5. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf (it’s okay to just type your full name at the end of your notice); and
• 6. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney’s fees incurred as a result. See 17 U.S.C. § 512(f).

For additional information on our DMCA Policy, you can review our entire DMCA Policy.

7. Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. However, when you upload, submit, store, send or receive content to or through our Services, you give us (and those we may choose to work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The permissions and rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Emenator Marketplace). By providing us with such content, you are representing and warranting that you are legally permitted to submit the content.

In addition to the foregoing license, you hereby authorize us to send takedown demands, pursuant to the United States’ Digital Millennium Copyright Act (“DMCA”), to any service provider hosting reproductions of the Materials that have been taken from the Site.

Our automated systems may analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis may occur as the content is sent, received, and when it is stored.

At any time while you have an Emenator Account, we may display your profile name, profile photo, and actions you take on Emenator or on third-party applications connected to your Emenator account (such as +1’s, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will attempt to respect the choices you make to limit sharing or visibility settings in your Emenator account. For example, you can choose your settings to let us know that you would like us not to display your name and photo in any advertisements, and we will attempt to honor your request, although we make no guarantees or promises.

You can find more information about how we use and store content in our Privacy Policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

8. Protecting Other People's Rights

We strive to take the rights of others seriously and we expect our members to do the same. You represent and warrant that you will comply with and/or consent to the following policies:

• 1. You will not post content or take any action while using the Services that infringes or violates someone else's rights or otherwise violates the law.
• 2. Without any liability, in our sole and absolute discretion and with or without any reason, we reserve the right to remove any content or information you post on the Site.
• 3. We offer tools to help our members guard their intellectual property rights. If we remove your content for infringing someone else's copyright, we may, but are not required to, provide you with an opportunity to appeal that decision.
• 4. Repeated allegations of infringing on other people's intellectual property rights may result in the suspension or termination of your account, without a refund for any subscription payments made, including payments that were made in advance (for example, you paid for a 6-month membership, but your account was terminated for a Terms of Service violations prior to the end of your 6-month membership period).
• 5. You will not use Emenator’s copyrights or Trademarks or any misleading similar marks, except as expressly permitted by our usage guidelines or with our prior written permission.
• 6. If you collect information from our members, you will obtain their written consent, make it clear that you (and not Emenator) is collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
• 7. You will not use the Site or any of our Services to “dox” anyone. You will not post any documents containing anyone's personal information or sensitive financial information on the Site. Maliciously posting anyone’s home address, place of business or workplace, information about their families, pets, or home-life with the intention of causing the individual distress, harm, humiliation, or place them in any danger—either real or perceived—is a violation of our Terms and may result in immediate termination of your membership.
• 8. You will not tag members without their consent. The Site offers social reporting tools to enable our members to provide feedback about tagging.

9. Emenator mobile app and Other Devices

• 1. Emenator provides our mobile application free to anyone. However, access to the Site can only be gained via the mobile app by those with a “free look” or a paid membership subscription. Be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
• 2. In the event you change or deactivate your mobile telephone number, you must update your account information on the Site within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
• 3. You provide consent and all rights necessary to enable Emenator and our members to sync (including through an application) their devices with any information about you and your membership account that is visible on the Site.

10. Software in our Services

As part of your membership, Emenator gives you a personal, worldwide, royalty-free, nonassignable and non-exclusive license to use the software provided to you through the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Emenator, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or including software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission. Your membership at Emenator is not transferrable.

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

11. Modifying and Terminating our Services

Our Services, including the Site, are constantly evolving. As such, we may add or remove functionalities or features, and we may suspend or stop a Service altogether.

As a member, you can stop using our Services at any time. Without notice or any liability to you or our members, we may stop providing Services to you, or add or create new limits to our Services, at any time, in our sole and absolute discretion. If we discontinue a Service, where reasonably possible, we will attempt to give you reasonable advance notice and an opportunity to retrieve your information out of that Service. However, you represent and warrant that you will not use the Site or any of our Services to store any data or intellectual property that you have not stored elsewhere, unless you are not concerned with losing any such data or intellectual property.

12. Indemnification

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our attorneys’ fees, expert fees’ and other costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of any of these Terms and/or other policies contained on the Site, (b) your use of the Services. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding obligation to defend will end; however, your duty to indemnify shall continue.

13. Provisions Applicable to Users Outside the United States

The following provisions apply to Users and non-users who interact with Site Users outside the United States:

• 1. You consent to having your personal data transferred to and processed in the United States.
• 2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on the Site (such as advertising, or making or accepting payments) or operate a platform application or website. You will not use the Site or any of our Services if you are prohibited from receiving products, services, or software originating from the United States.
• 3. You will not use the Site or any of our Services, directly or indirectly, in a way that functions against the United States or its territories, its allies, or any holdings and/or outposts (including military) of the United States, its territories, and/or its allies.

14. Business Entity use of our Services

If you are a member using our Services on behalf of a business entity or company, both you personally and that company agree to these Terms, including, but not limited, the indemnifications provisions herein.

15. Payments

If you make or accept payment through or in connection with the use of our Services, you agree to these Terms, in addition to any applicable separate payment terms we require, as well as any applicable terms required by third-party processors or other providers.

16. Advertisements and Other Commercial Content

Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our Users and advertisers. In order to help us do that, you agree to the following:

• 1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will attempt to respect your choice when we use it.
• 2. Although we attempt to label all marketing and advertising materials, you understand that we may not always identify paid services and communications as such.
• 3. If you use our advertising interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content, you agree to all applicable additional terms and conditions, and you warrant and represent that your advertising or other commercial or sponsored activity or content placed on the Site will comply with all applicable law, as well as our advertising policies, which include the requirement that all advertising or sponsored content comply with all Federal Trade Commission regulations. See https://www.ftc.gov/tipsadvice/business-center/advertisingand-marketing

17. Additional Terms of Service

By using the applicable Site Service listed below, you agree to the following additional terms of service that apply to the respective Site Service (collectively “Additional Terms”) and any updates to those Additional Terms:

• 1. Community Shop Terms
• 2. Music Garage Terms
• 3. My Xtra Terms

If you do not consent to the applicable Additional Terms, you are prohibited from using the applicable Site Service. Standard Site profiles are public to the Emenator community. Except as otherwise required by Emenator, you may not include terms or conditions, or non-Emenator provided technical restrictions, in using the Site or any Services. Before collecting any information from a fellow User, you must (1) obtain the User’s express, prior written consent; (2) be clear that you (and not Emenator) are collecting the information; and (3) comply with all applicable laws, including the posting of a privacy policy that complies with applicable law.

18. Our Complete Discretion

All Users acknowledge and agree as follows:

• 1. We cannot and/or do not promise that we will enforce these Terms, or that we will review any content that is published on the Site by any User.
• 2. We are completely immune from any and all liability under a federal law referred to as the Communications Decency Act or "CDA", 47 U.S.C. § 230. In short, the CDA provides that when a user writes and posts material on an "interactive website," such as our Site, the website itself cannot, in most cases, be held legally responsible for the posted material. Specifically, 47 U.S.C. § 230(c)(1) states, "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."
• 3. You will not attempt to hold us liable for any actions taken by other Users. We are not responsible for, and cannot control, the use of any information, by anyone, that you provide to other parties through the Services. Use caution in deciding what personal information you share with others through the Services.
• 4. You will not attempt to hold us liable for exercising our discretion in operating the Site, including, but not limited to, our decision to edit, remove, modify, or block any content, activities, or category of Service.
• 5. We may, without notice and without any liability, block or remove anything you post, upload, or market through the Site.
• 6. We may, without notice, and without any liability, terminate or suspend any User’s membership for any reason or no reason at all.
• 7. We may, without notice, and without any liability, edit, remove, modify, or block any content, activities, or category of Service. Your right to use the Services is subject to any limitations, conditions and restrictions we establish from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to all or part of the Service without notice or liability.

19. Our Warranties and Disclaimers

NEITHER EMENATOR NOR ITS AGENTS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE, ANY INFORMATION ON THIS SITE AND/OR THE SERVICES.WE PROVIDE ANY AND ALL SERVICES ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

20. Limitation of Liability and Release

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE, NOR OUR OWNERS, SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE OR ANY SERVICES, REGARDLESS IF CAUSED BY OUR NEGLIGENCE OR GROSS NEGLIGENCE AND REGARDLESS OF THE FORM OF ACTION, THE BASIS OF THE CLAIM, OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES (INCLUDING ANOTHER MEMBER) AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR ATTORNEYS FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

THE TOTAL AGGREGATE LIABILITY OF EMENATOR UNDER THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY) OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO EMENATOR UNDER THIS AGREEMENT FOR THE APPLICABLE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, EMENATOR'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU ARE A CALIFORNIA RESIDENT THEN BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.

21. Governing Law

This Agreement shall be governed in accordance with the laws of the State of Florida, USA, notwithstanding any conflict-of-law provisions to the contrary

22. Waiver of Jury Trial

You hereby irrevocably waive your right to trial by jury in any action or proceeding arising out of this Agreement or the transactions relating to its subject matter.

23. Jurisdiction of Disputes; Arbitration

With the exception of any claims against you relating to injunctive relief, all disputes and claims relating to this Agreement or any other agreement entered into between the parties, the rights and obligations of the parties, or any other claims or causes of action relating to the making, interpretation, or performance of either party under this Agreement, shall be settled by arbitration in Palm Beach County, Florida, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Any arbitration proceeding, or any claim in arbitration (including any defense and any claim of setoff or recoupment), must be brought or asserted within one (1) year after the action or inaction occurred that gave rise to such claim or defense, regardless of any statute of limitations, time of discovery statute or rule, savings statute, tolling statute or doctrine, equitable doctrine, or other theory that may be used to extend the time in which a claim or defense can be asserted. Once a written demand for arbitration is made by a party, the other party shall respond to the demand within ten (10) business days; failure to respond will permit the demanding party to seek resolution through litigation in the applicable court located in Palm Beach County, Florida. However, in the event the non-responding party attempts to subsequently participate in the litigation, the demanding party, at its election, may compel the matter to be arbitrated in accordance with this Agreement. To the extend a party attempts to contest the enforceability of this arbitration provision, arbitrability will be decided by the arbitrator, and the parties hereby waive any statutory provision that appears to state that a party may contest arbitrability based upon grounds available in law or in equity for the revocation of any contract. Neither party shall pursue class claims and/or consolidate the arbitration with any other proceeding to which Emenator is a party. Each party must bear its own costs of arbitration; provided, however, that all arbitration fees shall be initially shared equally by the parties. Any failure to equally share arbitration fees prior to the issuance of an arbitration award shall be considered a default and shall permit the non-defaulting party to move for judgment by default, which shall be awarded unless the default is cured within five (5) business days. The arbitrator’s award shall include all arbitration fees, costs and attorneys’ fees for the prevailing party. The arbitrators shall have no authority to amend or modify the terms of the Agreement. Judgment upon the award of the arbitrator shall be submitted for confirmation to the applicable United States District Courts located in Palm Beach County, Florida and, if confirmed, may be subsequently entered in any court having competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of this Agreement.

Notwithstanding the foregoing, any claims we may have against you relating to injunctive relief may be litigated in the applicable state and federal court located in Palm Beach County, Florida, and the parties expressly waive any objections to such jurisdiction and venue and irrevocably consent and submit to the personal and subject matter jurisdiction of such court in any action or proceeding. In the event you participate in any litigation by asserting any defense and/or claim, Emenator, at its election and while continuing to seek injunctive relief, may compel all other matters to be arbitrated in accordance with this Agreement.

24. Class Action Waiver

You hereby agree to waive any class action proceeding or counterclaim against Emenator its affiliates, successors or assigns, whether at law or equity, regardless of which party brings suit. This waiver shall apply to any matter whatsoever between the parties hereto which arises out of or is related in any way to this Agreement or the Services, the performance of either party, and/or your purchase from Emenator, its affiliates, successors or assigns.

25. Our Remedies

In the event of a breach or threatened breach by you of any of the provisions of this Agreement pertaining to intellectual property or unauthorized use of the Site, you hereby consent and agree that Emenator shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief. Upon the issuance of any injunctive relief, Emenator shall be entitled to recover from you, as part of the its costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).

26. Attorneys’ Fees and Legal Expenses

If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court and/or arbitrator, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).

27. Assignability

This Agreement is personal to you and you may not assign this Agreement or the rights and obligations hereunder to any third party.

28. Waiver

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

29. Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

30. Survival of Terms

Any provision of this Agreement which by its nature is able to survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights and licensing provisions set forth in this Agreement.

31. Limitation of Actions

With the exception of remedies that seek injunctive relief, you agree that you must assert any claim or defense against us arising out of or related to the use of the Site or Services, or otherwise relating to this Agreement, within one (1) year after the action or inaction occurred that gave rise to such claim or defense or will be forever barred, regardless of any statute of limitations, time of discovery statute or rule, savings statute, tolling statute or doctrine, equitable doctrine, or other theory that may be used to extend the time in which a claim or defense can be asserted.

32. Entire Agreement

This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their agreement. This Agreement shall not be modified or amended except in writing or Site posting by Emenator. The Site, as posted and amended in the future, and this Agreement, as posted and amended in the future, shall be the valid document respecting the rights and obligations of Emenator and each User.