YOU MAY ONLY USE THE SITE PURSUANT TO THIS AGREEMENT. By accessing or otherwise using the Site, you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement. If you do not accept these Terms, you are not permitted to access or use the Site.
We may update or change the Terms from time to time, at our sole discretion, with or without notice to you. We may also update, modify or replace the Site, and we reserve the right to discontinue offering access to the Site. Your continued use of any part of the Site constitutes acceptance of such change. Although we may endeavor to notify you when major changes are made to the Terms, you should periodically review the most up-to-date version prior to using the Site. If you do not agree to any modifications of these Terms, you must not continue to use the Site.
- License Use and Restrictions. Subject to the terms and conditions of this Agreement, EMP hereby grants to you the non-transferable, non-sublicensable, nonexclusive, royalty-free, limited license to access and use the Site for personal and non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such rights.
In exchange, you agree that you will not:
- copy or duplicate, in whole or in substantial part, the Site;
- distribute, transmit, publish, transfer, sell or commercially exploit in any way the Site, in whole or in part, or cause others to do so;
- reverse engineer, decompile or modify the Site, in whole or in part;
- use the Site or any information contained therein or results derived therefrom to develop any products or services that could be competitive with the Site or any other products or services provided by EMP or its affiliates;
- alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Site;
- use the Site in any way that could interfere with, disrupt or negatively affect the Site or its servers or networks;
- upload viruses or other malicious code or otherwise compromise the security of the Site;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Site;
- probe, scan or test the vulnerability of our Site or any system or network; or
- encourage or promote any activity that violates this Agreement.
EMP may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site, including termination of your account.
- Proprietary Rights. All information, graphics, photographs, format, design and other copyrighted material on the Site (collectively, “Content”) and the operation and interface of the Site are protected by copyright law and other intellectual property laws, and are owned by or licensed to EMP or its affiliates with permission of the owner. Unless you are the Content owner, you may not copy, modify, duplicate, create derivative works from, republish, display, transmit, or distribute the Content in any way without the prior written consent of EMP. Any breach of this Agreement shall immediately terminate the license and rights granted by EMP hereunder, and may subject you to civil and/or criminal prosecution.
- Transmission of Information. Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cannot be, and are not, responsible for the security of information that you choose to communicate with EMP while it is being transmitted. In addition, EMP is not responsible for any data lost during transmission.
- DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. EMP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
For purposes of clarification, but not limitation, of the foregoing: neither EMP nor any of its employees or agents warrant that use of the Site will be uninterrupted or error-free; nor do they make any warranty as to (i) the accuracy, completeness, timeliness, reliability or content of any information or service offered through the Site; (ii) that the quality of any services, information, or other material that you obtain will meet your expectations; or (iii) that the files available for downloading or sharing from the Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EMP OR ANY OFFICER, DIRECTOR, AFFILIATE, EMPLOYEE OR AGENT THEREOF BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR OTHERWISE IN CONNECTION WITH THE SITE. EMP SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES RESULTING FROM YOUR USE OF THE SITE. FOR PURPOSES OF CLARIFICATION, AND NOT LIMITATION, OF THE FOREGOING, EMP SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS), REGARDLESS OF THE NATURE OF SUCH DAMAGES AND REGARDLESS OF WHETHER EMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EMP ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT OR USER COMMUNICATION. EMP IS NOT RESPONSIBLE FOR OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, COMPUTER ONLINE SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, MOBILE DEVICE, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE ARISING OUT OF OR RELATED TO USE OF THE SITE.
If applicable law in your jurisdiction limits or prohibits application of some or all of the above limitations on liability, those provisions should be interpreted to limit EMP’s liability to the fullest extent permitted by applicable law.
- Dispute Resolution. This Agreement is governed by the laws of the Commonwealth of Virginia without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the state and/or federal courts in Alexandria, Virginia with respect to any dispute, disagreement or cause of action arising out of or related to the Site. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT.
- Miscellaneous. EMP’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time. EMP may, at any time, in its sole discretion and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of EMP. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalid, illegal or unenforceable provision shall be modified, if possible, to lawfully effect the intent of the parties and shall not affect the existence or enforceability of any other provision of this Agreement.
Please direct any questions or comments concerning these Terms to [email protected].