Terms and Conditions

TERMS AND CONDITIONS

Last updated December 19, 2023

AGREEMENT TO OUR LEGAL TERMS

We are EMS Success, Inc. ("Company," "we," "us," "our"), a company registered in

Oklahoma, United States at 101 Park Ave, Oklahoma City, OK 73107.

We operate the website http://www.EMSSuccess.org (the "Site"), as well as any other

related products and services that refer or link to these legal terms (the "Legal Terms")

(collectively, the "Services").

You can contact us by phone at 4056265400, email at staff@emssuccess.org, or by

mail to 101 Park Ave, Oklahoma City, OK 73107, United States.

These Legal Terms constitute a legally binding agreement made between you, whether

personally or on behalf of an entity ("you"), and EMS Success, Inc. , concerning your

access to and use of the Services. You agree that by accessing the Services, you have

read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO

NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY

PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE

IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are

using. The modified Legal Terms will become effective upon posting or notifying you by

staff@emssuccess.org, as stated in the email message. By continuing to use the

Services after the effective date of any changes, you agree to be bound by the

modified terms.

The Services are intended for users who are at least 13 years of age. All users who are

minors in the jurisdiction in which they reside (generally under the age of 18) must have

the permission of, and be directly supervised by, their parent or guardian to use the

Services. If you are a minor, you must have your parent or guardian read and agree to

these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

 

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or

use by any person or entity in any jurisdiction or country where such distribution or use

would be contrary to law or regulation or which would subject us to any registration

requirement within such jurisdiction or country. Accordingly, those persons who choose

to access the Services from other locations do so on their own initiative and are solely

responsible for compliance with local laws, if and to the extent local laws are

applicable.

The Services are not tailored to comply with industry-specific regulations (Health

Insurance Portability and Accountability Act (HIPAA), Federal Information Security

Management Act (FISMA), etc.), so if your interactions would be subjected to such

laws, you may not use the Services. You may not use the Services in a way that would

violate the Gramm-Leach-Bliley Act (GLBA).

 

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services,

including all source code, databases, functionality, software, website designs, audio,

video, text, photographs, and graphics in the Services (collectively, the "Content"), as

well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various

other intellectual property rights and unfair competition laws) and treaties in the United

States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your

personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED

ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable

license to:

access the Services; and

download or print a copy of any portion of the Content to which you have

properly gained access.

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the

Services and no Content or Marks may be copied, reproduced, aggregated,

republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,

distributed, sold, licensed, or otherwise exploited for any commercial purpose

whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in

this section or elsewhere in our Legal Terms, please address your request to:

staff@emssuccess.org. If we ever grant you the permission to post, reproduce, or

publicly display any part of our Services or Content, you must identify us as the owners

or licensors of the Services, Content, or Marks and ensure that any copyright or

proprietary notice appears or is visible on posting, reproducing, or displaying our

Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and

Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our

Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior

to using our Services to understand the (a) rights you give us and (b) obligations you

have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea,

feedback, or other information about the Services ("Submissions"), you agree to assign

to us all intellectual property rights in such Submission. You agree that we shall own

this Submission and be entitled to its unrestricted use and dissemination for any lawful

purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in

blogs, message boards, online forums, and other functionality during which you may

create, submit, post, display, transmit, publish, distribute, or broadcast content and

materials to us or through the Services, including but not limited to text, writings, video,

audio, photographs, music, graphics, comments, reviews, rating suggestions, personal

information, or other material ("Contributions"). Any Submission that is publicly posted

shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services.

When you post Contributions, you grant us a license (including use of your

name, trademarks, and logos): By posting any Contributions, you grant us an

unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,

fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell,

publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate,

excerpt (in whole or in part), and exploit your Contributions (including, without

limitation, your image, name, and voice) for any purpose, commercial, advertising, or

otherwise, to prepare derivative works of, or incorporate into other works, your

Contributions, and to sublicense the licenses granted in this section. Our use and

distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as

applicable, and any of the trademarks, service marks, trade names, logos, and

personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions

and/or posting Contributions through any part of the Services or making Contributions

accessible through the Services by linking your account through the Services to any of

your social networking accounts, you:

confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and

will not post, send, publish, upload, or transmit through the Services any

Submission nor post any Contribution that is illegal, harassing, hateful, harmful,

defamatory, obscene, bullying, abusive, discriminatory, threatening to any person

or group, sexually explicit, false, inaccurate, deceitful, or misleading;

to the extent permissible by applicable law, waive any and all moral rights to any

such Submission and/or Contribution;

warrant that any such Submission and/or Contributions are original to you or that

you have the necessary rights and licenses to submit such Submissions and/or

Contributions and that you have full authority to grant us the above-mentioned

rights in relation to your Submissions and/or Contributions; and

warrant and represent that your Submissions and/or Contributions do not

constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you

expressly agree to reimburse us for any and all losses that we may suffer because of

your breach of (a) this section, (b) any third party’s intellectual property rights, or (c)

applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any

Contributions, we shall have the right to remove or edit any Contributions at any time

without notice if in our reasonable opinion we consider such Contributions harmful or in

breach of these Legal Terms. If we remove or edit any such Contributions, we may also

suspend or disable your account and report you to the authorities.

 

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information

you submit will be true, accurate, current, and complete; (2) you will maintain the

accuracy of such information and promptly update such registration information as

necessary; (3) you have the legal capacity and you agree to comply with these Legal

Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in

which you reside, or if a minor, you have received parental permission to use the

Services; (6) you will not access the Services through automated or non-human

means, whether through a bot, script or otherwise; (7) you will not use the Services for

any illegal or unauthorized purpose; and (8) your use of the Services will not violate

any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we

have the right to suspend or terminate your account and refuse any and all current or

future use of the Services (or any portion thereof).

 

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password

confidential and will be responsible for all use of your account and password. We

reserve the right to remove, reclaim, or change a username you select if we determine,

in our sole discretion, that such username is inappropriate, obscene, or otherwise

objectionable.

 

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

- Visa

- Mastercard

- Discover

- American Express

- PayPal

You agree to provide current, complete, and accurate purchase and account

information for all purchases made via the Services. You further agree to promptly

update account and payment information, including email address, payment method,

and payment card expiration date, so that we can complete your transactions and

contact you as needed. Sales tax will be added to the price of purchases as deemed

required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any

applicable shipping fees, and you authorize us to charge your chosen payment

provider for any such amounts upon placing your order. We reserve the right to correct

any errors or mistakes in pricing, even if we have already requested or received

payment.

We reserve the right to refuse any order placed through the Services. We may, in our

sole discretion, limit or cancel quantities purchased per person, per household, or per

order. These restrictions may include orders placed by or under the same customer

account, the same payment method, and/or orders that use the same billing or shipping

address. We reserve the right to limit or prohibit orders that, in our sole judgment,

appear to be placed by dealers, resellers, or distributors.

6. POLICY

Please review our Return Policy posted on the Services prior to making any purchases.

 

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we

make the Services available. The Services may not be used in connection with any

commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or

compile, directly or indirectly, a collection, compilation, database, or directory

without written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn

sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the

Services, including features that prevent or restrict the use or copying of any

Content or enforce limitations on the use of the Services and/or the Content

contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

Use any information obtained from the Services in order to harass, abuse, or

harm another person.

Make improper use of our support services or submit false reports of abuse or

misconduct.

Use the Services in a manner inconsistent with any applicable laws or

regulations.

Engage in unauthorized framing of or linking to the Services.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or

other material, including excessive use of capital letters and spamming

(continuous posting of repetitive text), that interferes with any party’s

uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,

alters, or interferes with the use, features, functions, operation, or maintenance

of the Services.

Engage in any automated use of the system, such as using scripts to send

comments or messages, or using any data mining, robots, or similar data

gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another

user.

Upload or transmit (or attempt to upload or to transmit) any material that acts as

a passive or active information collection or transmission mechanism, including

without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web

bugs, cookies, or other similar devices (sometimes referred to as "spyware" or

"passive collection mechanisms" or "pcms").

Interfere with, disrupt, or create an undue burden on the Services or the

networks or services connected to the Services.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged

in providing any portion of the Services to you.

Attempt to bypass any measures of the Services designed to prevent or restrict

access to the Services, or any portion of the Services.

Copy or adapt the Services' software, including but not limited to Flash, PHP,

HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or

reverse engineer any of the software comprising or in any way making up a part

of the Services.

Except as may be the result of standard search engine or Internet browser

usage, use, launch, develop, or distribute any automated system, including

without limitation, any spider, robot, cheat utility, scraper, or offline reader that

accesses the Services, or use or launch any unauthorized script or other

software.

Use a buying agent or purchasing agent to make purchases on the Services.

Make any unauthorized use of the Services, including collecting usernames

and/or email addresses of users by electronic or other means for the purpose of

sending unsolicited email, or creating user accounts by automated means or

under false pretenses.

Use the Services as part of any effort to compete with us or otherwise use the

Services and/or the Content for any revenue-generating endeavor or commercial

enterprise.

Sell or otherwise transfer your profile.

Use the Services to advertise or offer to sell goods and services.

 

8. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message

boards, online forums, and other functionality, and may provide you with the

opportunity to create, submit, post, display, transmit, perform, publish, distribute, or

broadcast content and materials to us or on the Services, including but not limited to

text, writings, video, audio, photographs, graphics, comments, suggestions, or personal

information or other material (collectively, "Contributions"). Contributions may be

viewable by other users of the Services and through third-party websites. As such, any

Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and

warrant that:

The creation, distribution, transmission, public display, or performance, and the

accessing, downloading, or copying of your Contributions do not and will not

infringe the proprietary rights, including but not limited to the copyright, patent,

trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights,

consents, releases, and permissions to use and to authorize us, the Services,

and other users of the Services to use your Contributions in any manner

contemplated by the Services and these Legal Terms.

You have the written consent, release, and/or permission of each and every

identifiable individual person in your Contributions to use the name or likeness of

each and every such identifiable individual person to enable inclusion and use of

your Contributions in any manner contemplated by the Services and these Legal

Terms.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional

materials, pyramid schemes, chain letters, spam, mass mailings, or other forms

of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,

libelous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

Your Contributions are not used to harass or threaten (in the legal sense of those

terms) any other person and to promote violence against a specific person or

class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third party.

Your Contributions do not violate any applicable law concerning child

pornography, or otherwise intended to protect the health or well-being of minors.

Your Contributions do not include any offensive comments that are connected to

race, national origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any

provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and

may result in, among other things, termination or suspension of your rights to use the

Services.

 

9. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services, you automatically grant, and

you represent and warrant that you have the right to grant, to us an unrestricted,

unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,

worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish,

broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat,

translate, transmit, excerpt (in whole or in part), and distribute such Contributions

(including, without limitation, your image and voice) for any purpose, commercial,

advertising, or otherwise, and to prepare derivative works of, or incorporate into other

works, such Contributions, and grant and authorize sublicenses of the foregoing. The

use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter

developed, and includes our use of your name, company name, and franchise name,

as applicable, and any of the trademarks, service marks, trade names, logos, and

personal and commercial images you provide. You waive all moral rights in your

Contributions, and you warrant that moral rights have not otherwise been asserted in

your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of

all of your Contributions and any intellectual property rights or other proprietary rights

associated with your Contributions. We are not liable for any statements or

representations in your Contributions provided by you in any area on the Services. You

are solely responsible for your Contributions to the Services and you expressly agree

to exonerate us from any and all responsibility and to refrain from any legal action

against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise

change any Contributions; (2) to re-categorize any Contributions to place them in more

appropriate locations on the Services; and (3) to pre-screen or delete any Contributions

at any time and for any reason, without notice. We have no obligation to monitor your

Contributions.

 

10. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a

review, you must comply with the following criteria: (1) you should have firsthand

experience with the person/entity being reviewed; (2) your reviews should not contain

offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews

should not contain discriminatory references based on religion, race, gender, national

origin, age, marital status, sexual orientation, or disability; (4) your reviews should not

contain references to illegal activity; (5) you should not be affiliated with competitors if

posting negative reviews; (6) you should not make any conclusions as to the legality of

conduct; (7) you may not post any false or misleading statements; and (8) you may not

organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely

no obligation to screen reviews or to delete reviews, even if anyone considers reviews

objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily

represent our opinions or the views of any of our affiliates or partners. We do not

assume liability for any review or for any claims, liabilities, or losses resulting from any

review. By posting a review, you hereby grant to us a perpetual, non-exclusive,

worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to

reproduce, modify, translate, transmit by any means, display, perform, and/or distribute

all content relating to review.

 

11. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of

these Legal Terms; (2) take appropriate legal action against anyone who, in our sole

discretion, violates the law or these Legal Terms, including without limitation, reporting

such user to law enforcement authorities; (3) in our sole discretion and without

limitation, refuse, restrict access to, limit the availability of, or disable (to the extent

technologically feasible) any of your Contributions or any portion thereof; (4) in our sole

discretion and without limitation, notice, or liability, to remove from the Services or

otherwise disable all files and content that are excessive in size or are in any way

burdensome to our systems; and (5) otherwise manage the Services in a manner

designed to protect our rights and property and to facilitate the proper functioning of the

Services.

 

12. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound

by our Privacy Policy posted on the Services, which is incorporated into these Legal

Terms. Please be advised the Services are hosted in the United States. If you access

the Services from any other region of the world with laws or other requirements

governing personal data collection, use, or disclosure that differ from applicable laws in

the United States, then through your continued use of the Services, you are

transferring your data to the United States, and you expressly consent to have your

data transferred to and processed in the United States. Further, we do not knowingly

accept, request, or solicit information from children or knowingly market to children.

Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we

receive actual knowledge that anyone under the age of 13 has provided personal

information to us without the requisite and verifiable parental consent, we will delete

that information from the Services as quickly as is reasonably practical.

 

13. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE

RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE

OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING

BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR

FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL

TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE

YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT

AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,

WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from

registering and creating a new account under your name, a fake or borrowed name, or

the name of any third party, even if you may be acting on behalf of the third party. In

addition to terminating or suspending your account, we reserve the right to take

appropriate legal action, including without limitation pursuing civil, criminal, and

injunctive redress.

 

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any

time or for any reason at our sole discretion without notice. However, we have no

obligation to update any information on our Services. We also reserve the right to

modify or discontinue all or part of the Services without notice at any time. We will not

be liable to you or any third party for any modification, price change, suspension, or

discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience

hardware, software, or other problems or need to perform maintenance related to the

Services, resulting in interruptions, delays, or errors. We reserve the right to change,

revise, update, suspend, discontinue, or otherwise modify the Services at any time or

for any reason without notice to you. You agree that we have no liability whatsoever for

any loss, damage, or inconvenience caused by your inability to access or use the

Services during any downtime or discontinuance of the Services. Nothing in these

Legal Terms will be construed to obligate us to maintain and support the Services or to

supply any corrections, updates, or releases in connection therewith.

 

15. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in

accordance with the laws of the State of Oklahoma applicable to agreements made

and to be entirely performed within the State of Oklahoma, without regard to its conflict

of law principles.

 

16. DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the

"Parties" and individually, a "Party") shall be commenced or prosecuted in the state and

federal courts located in Oklahoma, Oklahoma, and the Parties hereby consent to, and

waive all defenses of lack of personal jurisdiction and forum non conveniens with

respect to venue and jurisdiction in such state and federal courts. Application of the

United Nations Convention on Contracts for the International Sale of Goods and the

Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal

Terms. In no event shall any claim, action, or proceeding brought by either Party

related in any way to the Services be commenced more than one (1) years after the

cause of action arose.

 

17. CORRECTIONS

There may be information on the Services that contains typographical errors,

inaccuracies, or omissions, including descriptions, pricing, availability, and various

other information. We reserve the right to correct any errors, inaccuracies, or omissions

and to change or update the information on the Services at any time, without prior

notice.

 

18. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU

AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO

THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,

EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE

THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT

THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE

CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE

SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY

(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)

PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY

UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY

AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED

THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR

FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE

WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD

PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND

MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A

RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR

OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,

ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR

SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE

SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE

APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE

WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING

ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF

PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR

SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD

USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE

LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,

CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE

DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR

OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE

HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR

LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE

FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE

AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD

PRIOR TO ANY CAUSE OF ACTION ARISING OR $300.00 USD. CERTAIN US

STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON

IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN

DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE

DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE

ADDITIONAL RIGHTS.

 

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,

affiliates, and all of our respective officers, agents, partners, and employees, from and

against any loss, damage, liability, claim, or demand, including reasonable attorneys’

fees and expenses, made by any third party due to or arising out of: (1) your

Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach

of your representations and warranties set forth in these Legal Terms; (5) your violation

of the rights of a third party, including but not limited to intellectual property rights; or (6)

any overt harmful act toward any other user of the Services with whom you connected

via the Services. Notwithstanding the foregoing, we reserve the right, at your expense,

to assume the exclusive defense and control of any matter for which you are required

to indemnify us, and you agree to cooperate, at your expense, with our defense of such

claims. We will use reasonable efforts to notify you of any such claim, action, or

proceeding which is subject to this indemnification upon becoming aware of it.

 

21. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of

managing the performance of the Services, as well as data relating to your use of the

Services. Although we perform regular routine backups of data, you are solely

responsible for all data that you transmit or that relates to any activity you have

undertaken using the Services. You agree that we shall have no liability to you for any

loss or corruption of any such data, and you hereby waive any right of action against us

arising from any such loss or corruption of such data.

 

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,

AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute

electronic communications. You consent to receive electronic communications, and you

agree that all agreements, notices, disclosures, and other communications we provide

to you electronically, via email and on the Services, satisfy any legal requirement that

such communication be in writing. YOU HEREBY AGREE TO THE USE OF

ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,

AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF

TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You

hereby waive any rights or requirements under any statutes, regulations, rules,

ordinances, or other laws in any jurisdiction which require an original signature or

delivery or retention of non-electronic records, or to payments or the granting of credits

by any means other than electronic means.

 

23. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint

Assistance Unit of the Division of Consumer Services of the California Department of

Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,

California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

24. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or

in respect to the Services constitute the entire agreement and understanding between

you and us. Our failure to exercise or enforce any right or provision of these Legal

Terms shall not operate as a waiver of such right or provision. These Legal Terms

operate to the fullest extent permissible by law. We may assign any or all of our rights

and obligations to others at any time. We shall not be responsible or liable for any loss,

damage, delay, or failure to act caused by any cause beyond our reasonable control. If

any provision or part of a provision of these Legal Terms is determined to be unlawful,

void, or unenforceable, that provision or part of the provision is deemed severable from

these Legal Terms and does not affect the validity and enforceability of any remaining

provisions. There is no joint venture, partnership, employment or agency relationship

created between you and us as a result of these Legal Terms or use of the Services.

You agree that these Legal Terms will not be construed against us by virtue of having

drafted them. You hereby waive any and all defenses you may have based on the

electronic form of these Legal Terms and the lack of signing by the parties hereto to

execute these Legal Terms.

 

25. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information

regarding use of the Services, please contact us at:

EMS Success, Inc.

101 Park Ave

Oklahoma City, OK 73107

United States

Phone: 4056265400

staff@emssuccess.org