Terms of Use
YOU ARE BOUND BY THESE TERMS AND CONDITIONS — READ THESE TERMS OF USE BEFORE ACCESSING OR USING THIS WEBSITE.
This Terms of Use Statement applies to the website at www.emtecinc.com. This site is owned and operated by Emtec Inc. and should not be confused with any other website whether or not the word Emtec appears as part of the domain name or branding. You are advised to check each page you visit on or from this site to determine whether you have moved onto a third party site.
Also, by accessing this website (“Site”), you (“User”) accept without limitation or qualification, and agree to be bound and abide by, the following terms and conditions (Terms of Use). Emtec, Inc. and its affiliates (“Emtec”) may revise and update these Terms of Use from time to time in its sole discretion. Your continued use of this Site following the posting of revised Terms of Use means that you accept and agree to any and all changes to the Terms of Use.
User Conduct
You may use this Site only for lawful purposes and in accordance with these Terms of Use, and you agree not to: (i) use this Site in any manner that could disable, overburden, damage, or impair this Site, or interfere with any other use of this Site, including, but not limited to, any user’s ability to engage in real-time activities through this Site; (ii) use any robot, spider or other automatic device, process or means to access this Site for any purpose, including to monitor or copy any of the material on this Site; (iii) use any manual process to monitor or copy any of the material on this Site, or to engage in any other unauthorized purpose without the express prior written consent of Emtec; (iv) otherwise use any device, software or routine that interferes with the proper working of this Site; or (v) otherwise attempt to interfere with the proper working of this Site. You further understand and acknowledge that any unauthorized, anticompetitive or illegal use of this Site will be in violation of state and federal law, and you will be subject to criminal and civil penalties as a result.
Disclaimer of Warranty; Limitation of Liability
(A) USER EXPRESSLY AGREES THAT USE OF THIS SITE AND ANY ITEMS OR LINKS DOWNLOADED OR ACCESSED THROUGH IT IS AT USER’S SOLE RISK. NEITHER EMTEC NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE AND ACCESS TO THE MATERIAL CONTAINED WITHIN IT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SITE. EMTEC HAS NOT REVIEWED ALL OF THE SITES LINKED TO THE SITE AND IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY OFFSITE PAGES OR ANY OTHER SITES LINKED TO THIS SITE.
(B) EMTEC’S SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. EMTEC MAKES NO REPRESENTATION THAT MATERIALS IN THIS SITE ARE LEGALLY ACCESSIBLE FROM ANY PARTICULAR LOCATION AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED.
(C) UNDER NO CIRCUMSTANCES SHALL EMTEC OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING EMTEC’S SITE CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF EMTEC OR AN EMTEC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EMTEC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE SITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT EMTEC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.
Indemnification
User agrees to defend, indemnify and hold harmless Emtec, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the unauthorized use of Emtec’s Site by, or on behalf of, User.
Miscellaneous
(A) The contents of this Site, including but not limited to all text, designs and images appearing herein (collectively, the “Contents”), are copyrighted works owned by Emtec. Any copying, reproduction, modification, distribution or other unauthorized use of the Contents, including any portion or version thereof, is prohibited. Notwithstanding the foregoing, users of this Site have the limited permission to view, copy, print and distribute the Contents for non-commercial, informational purposes so long as any copy or other reproduction includes Emtec’s copyright notice: © Copyright 2020. Emtec, Inc.
(B) The products, processes, technology and related information described in this Site may be covered by one or more issued or pending Emtec patents. No license or other intellectual property right to such Emtec products, processes or technologies is granted or conferred by this Site or by anything appearing herein.
(C) The trademarks and registered trademarks of Emtec referenced or used in this Site appear as marked and may not be used for any purpose without the express written permission of Emtec. All other brand names, designs, service marks and trademarks (whether or not registered) referenced or used herein are the property of their respective owners. Any reference to or use of third-party trademarks in this Site shall not constitute and is not intended to indicate such third party’s affiliation with or endorsement of Emtec products and services.
(D) The product and/or service information set forth in this Site may be outdated, may contain errors and omissions, and is subject to change without notice. No statement, representation or other information contained in this Site should be construed as binding upon Emtec contractually or otherwise as the basis for any express or implied warranty. Please contact Emtec during normal business hours for the most up-to-date information regarding specific products and services.
(E) This Site is controlled by Emtec from its offices in the United States of America. Emtec makes no representation that the contents in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the Contents shall be governed by the internal substantive laws of the State of New Jersey.
Please contact us for more information.