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Terms and Conditions

Last Updated: 08/09/2023.

 

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.

 

The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and EMD Consortia (hereinafter " EMD Consortia"), a company duly organized and validly existing, located at 1317 Woodmore Ln, Chattanooga, Tennessee 37411.  This Agreement annuls and voids all previous agreements.

 

OVERVIEW

 

The Site (https://www.emdconsortia.com) is operated by EMD Consortia. Throughout the Site, the terms "we", "us" and "our" refer to EMD Consortia. EMD Consortia offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

 

By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.

 

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

 

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 - GENERAL TERMS

 

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site.

 

You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.

 

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

 

   1. Restrict, suspend or terminate your access to all or any part of our Site.

   2. Change, suspend or discontinue all or any part of our products or Site.

   3. Refuse, move, or remove any content that is available on all or any part of our Site.

   4. Deactivate or delete your accounts.

   5. Establish general practices and limits concerning use of our Site.

 

You agree that we will not be liable to you or any third party for taking any of these actions.

 

You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.

 

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. EMD Consortia content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of EMD Consortia and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EMD Consortia or our licensors except as expressly authorized by these Terms.

 

SECTION 2 - CREATING AN ACCOUNT

 

Once you create an account with us, you are registered on the EMD Consortia Site. The terms "member," "membership," and "account" all refer to this registration as a member on EMD Consortia's Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.

 

When you create an account, you will provide a unique username and email.  We will also ask you to create a password.  Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that EMD Consortia is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.

 

Furthermore, the registering party hereby acknowledges, understands, and agrees to:

 

a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and

 

b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

 

ELECTRONIC COMMUNICATIONS

 

Visiting https://www.emdconsortia.com or sending emails to support@emdconsortia.com, or to any of its team members constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

CLIENT ACCOUNT

 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that EMD Consortia is not responsible for third party access to your account that results from theft or misappropriation of your account. EMD Consortia and its associates reserve the right to refuse or cancel service, terminate accounts, remove, or edit content in our sole discretion.

 

Your Information

 

If You wish to place any credit cards, debit cards or any other forms of payment(s) in your saved wallet, for the purposes of monthly subscription payments or any other services. You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, and Your billing address.

 

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Monthly Subscription Orders; and that (ii) the information You supply to us is true, correct, and complete.

 

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Monthly Payments or Current Charges.

 

If anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature, EMC Consortia will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of EMD Consortia Services, or any portion thereof.

 

SECTION 3 - CONDUCT

 

As a user or member of the Site, you herein acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the EMD Consortia Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by EMD Consortia.

 

Furthermore, you herein agree not to make use of EMD Consortia's Services for the purpose of:

 

a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

 

b) causing harm to minors in any manner whatsoever;

 

c) impersonating any individual or entity, including, but not limited to, any officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

 

d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

 

e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

 

f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

 

g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;

 

h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

 

i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;

 

j) interfering with or disrupting any Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

 

k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

 

l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;

 

m) "stalking" or with the intent to otherwise harass another individual; and/or

 

n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

 

EMD Consortia herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms, or which would otherwise be considered offensive to other visitors, users and/or members.

 

EMD Consortia herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

 

a) compliance with any legal process;

 

b) enforcement of the Terms;

 

c) responding to any claim that therein contained content is in violation of the rights of any third party;

 

d) responding to requests for customer service; or

 

e) protecting the rights, property or the personal safety of, its visitors, users, and members, including the general public.

 

EMD Consortia herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by EMD Consortia or any other content providers supplying content services to EMD Consortia. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

 

SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE

 

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

 

a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

 

b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country.

 

c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and

 

d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

 

SECTION 5 - SUBMITTED CONTENT

 

EMD Consortia shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for EMD Consortia the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

 

a) The content submitted or made available for inclusion on the publicly accessible areas of 's Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of 's sites and shall terminate at such time when you elect to discontinue your membership.

 

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of 's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of 's sites and shall terminate at such time when you elect to discontinue your membership.

 

c) For any other content submitted or made available for inclusion on the publicly accessible areas of 's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

 

Those areas which may be deemed "publicly accessible" areas of EMD Consortia's Sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

 

CONTRIBUTIONS TO COMPANY WEBSITE

 

EMD Consortia may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

 

a) Your contributions do not contain any type of confidential or proprietary information.

 

b) Shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions.

 

c) Shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit.

 

d) The contributor's Contributions shall automatically become the sole property of; and

 

e) Is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

 

SECTION 6 - INDEMNITY

 

All users and/or members agree to insure and hold EMD Consortia, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a  member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of EMDC Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

 

 

SECTION 7 - COMMERCIAL REUSE OF SERVICES

 

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to EMD Consortia's sites.

 

SECTION 8 - MODIFICATIONS

 

EMD Consortia reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. EMD Consortia reserves the right to modify our prices at any given time without notice to the client(s). 

 

SECTION 9 - OUR AGREEMENT

These Terms and Conditions supplement the agreement set out in a Booking. They do not give rise to any right for either of us to require a further Booking. We will start work when you accept our Booking. You can accept by letting us know that you accept, by asking us to start work, or by accepting one of our offers: price quotes, invoices, etc.  

SECTOION 10 - EXPECTATIONS

 

Quality standards that are unique to the needs of our clients are set out in our Services and Plans and Pricing.

Requests to travel to other premises, travel time, travel expenses, and a wait time if the client is more than 15 minutes late will be charged additional surcharges. State, county, and federal charges may apply depending on Your Location.

Our objectives, expressed in general terms, will be:

  1. To support our clients.

  2. To understand their key needs and wants.

 

In order for us to achieve the best results for you, we need your active co-operation. Specifically, you should:

 

  1. Thoroughly review all communications and respond in a timely manner whether it is via email, account profile, text messages, phone calls, voicemails, letters, and any other communication methods.

  2. Be prompt and on time with Your monthly subscription payments, payment plans, and any other methods of services that does not have a set quote.

  3. For any changes on any service, you must provide clear written guidelines on the changes and with a detailed explanation.

 

SECTION 11 - BUSINESS ARRANGEMENTS

 

Our Services are provided on a ‘business-to-client basis.

                         

  1. EMD Consortia way of working is a part of our trade know-how and shall not be under your direction or control.

  2. EMD Consortia shall continue to market our services and work for other clients and maintain an independent business of our own.

 

Authority: The person named in the Booking will be our main contact and has the authority to agree/disagree to payments and to agree to changes made to a booking or service. We will not charge on any service(s) or programs on your behalf unless it is authorized by the account holder or unless another designee is provided to us in writing granting the said person to make such changes or speak on the original account holder’s behalf.

 

SECTION 12 - BUSINESS CONTINUITY AND RESILIENCE

 

Holidays, sickness, and emergency cover:

 

  1. We may nominate one or more substitutes for coverage. They will be provided necessary access when they are being utilized for coverage.

  2. Expertise and focus: Occasionally, we may use experts to supplement our own expertise where such expertise is needed and not provided via a 3rd party contracted directly with you. 

  3. Availability and deadlines: We may delegate elements of your requests to suitably qualified members        of our team to provide appropriate depth of resources to meet the client’s needs.           

  4. All team members are contracted to confidentiality and appropriate The United States Privacy Act of 1974 standards where necessary.

 

 

SECTION 13 - TERMINATION

 

As a member of https://www.emdc.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to.

 

As a member, you agree that EMD Consortia may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

 

a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline.

 

b) by way of requests from law enforcement or any other governmental agencies.

 

c) the discontinuance, alteration and/or material modification to our Services, or any part thereof.

 

d) unexpected technical or security issues and/or problems.

 

e) any extended periods of inactivity.

 

f) any engagement by you in any fraudulent or illegal activities; and/or

 

g) the nonpayment of any associated fees that may be owed by you in connection with your https://www.emdconsortia.com account Services.

 

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

 

The termination of your account with https://www.emdconsortia.com shall include any and/or all of the following:

 

a) the removal of any access to all or part of the Services offered within

 

b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and

 

c) the barring of any further use of all or part of our Services.

 

SECTION 14 - LINKS

 

Either EMD Consortia or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that EMD Consortia shall not be responsible or liable, directly, or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

 

However, Certain services made available via www.emdconsortia.com are delivered by third party sites and organizations. By using services or functionality originating from the www.emcconsortia.com domain, you hereby acknowledge and consent that We may share such information and data with any third party with whom We has a contractual relationship to provide the requested services, or functionality on behalf of www.emcconsortia.com users and customers.

 

SECTION 15 - PROPRIETARY RIGHTS

 

You do hereby acknowledge and agree that EMD Consortia's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by EMC Consortia or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on EMD Consortia Services (e.g., Content or Software), in whole or part.

 

EMD Consortia hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by EMD Consortia for use in accessing our Services.

 

SECTION 16 - TIMING AND STANDARD OF PROVISION OF SERVICES

 

We will utilize our reasonable endeavors to deliver Services according to the timetable described in the client’s goal tracker (agreement made between EMD Consortia and colleagues and the client). Where work is undertaken by retainer you must specify your priorities and deadlines in line with the number of hours that services are needed. We will let you know if we expect other deadlines if the client chosen one may not be met.

 

Timetables: Our ability to meet timetables depends on you giving us access in good time to all the information or resources we need from you. Your inability to turn is forms, procrastination with information or resources, we reserve the right to reschedule services, or you may simply have lost that period. There is no automatic right to roll over posts to a later period.

 

Availability: Our normal working hours are displayed on our web site, Google Profile, and set out in the Booking. Availability outside these hours cannot be guaranteed without agreement in advance, and work outside those availability hours will be subject to an additional surcharge. We are not available on some weekends specifically Sundays or on Bank and Public Holidays unless there’s an expressed written agreement at least 30 days prior to services. If the agreement is provided to us in short notice extra surcharges may apply.

 

Proof reading and sign off: While we make it our priority to ensure the accuracy of the work we provide for the client, the final sign off rests solely upon the client and it is their responsibility to check final prices, contracts, dates, times, terms, etc. to ensure that they have the same knowledge and information as EMD Consortia.

 

SECTION 17 - FEES, PAYMENTS, AND EXPENSES

  1. Fees and expenses are charged in accordance with the Booking. Out-of-pocket expenses (including travel, lodging, and food) will be charged as an additional surcharge. Where applicable, additional charges may apply at the appropriate rate e.g., state, county, and federal taxes depending on Your exact location. Normal business hours of operation and availability are set out in the Booking form, the website, and our Google Profile. For work outside these hours, an additional rate may be applied as set out in the Booking form or 150% of the hourly rate fee for time-based bookings (or the equivalent).

  2. For urgent work given at less than 24 hours’ notice, an urgent work rate may be charged at the rate set out in the Booking, or, if none, at 150% of the hourly rate fee for time-based bookings (or the equivalent).

  3. Out of hours and urgent work rates may both be charged for the same work if it is both urgent and out of normal hours. We will apply the out-of-hours work surcharge to the normal hourly rate and then the urgent work surcharge to the resulting out-of-hours rate. Where the Booking is for a fixed fee retainer or project, additional work outside the scope of the original Booking will be charged at our normal hourly rate.

  4. Deposits are due for payment before work commences. The non-payment of a deposit may delay starting the job even if you have accepted the terms and asked us to start. Payment indicates cleared funds have appeared in our bank account.

  5. Payment is due as set out on the Booking or if not specified there within seven calendar days from the date on the accepted price quote followed by an invoice. If you do not pay by the due date, we may reschedule further work until payment is made. Additional state, county, and federal charges may be levied for credit card payments, Cash App, and Pay Pal. For specific payment methods – Contact us.

  6. We reserve the right to charge interest on overdue amounts at the rate set out in the Booking, or where the Booking does not specify at the rate of 2.22% per month (equivalent to unauthorized overdraft rate from the bank). Subsequent payments will be applied to interest and finance charges first, and then applied to fees/costs outstanding.

  7. Upon termination of a Booking, further time-based charges may be incurred. This would be charged at our normal hourly rate or the equivalent.

  8. We have quoted our fees based on a business-to-client arrangement where we are entitled to be paid our fees without deductions. Bookings will be upwardly adjusted from that point onwards so that the net receipts against the invoice match the value in the original Booking and/or quotation for the work.

 

SECTION 18- PAYMENTS FOR ONE-TIME USE SERVICES, SUBSCRIPTIONS, PAYMENT PLANS, AND FORMS

EMD Consortia Cancellation/Refund Policy

This Section apply to all "services", "business structures", and "wealth structures".

 

INDIVIDUAL SERVICES AND BUNDLE PLANS:

 

Notary Public, Contract Drafting, I-9 Verification, Trademark Assistance, LegalShield Associate, Small Business Specialist, Business Insurance, Business Mentor, Business Tax Preparation, Website Developing, Logo Design, Industry Research, Administrative Support, Registered Agent, Marketing, Business Structures, Wealth Structures, and Business Funding, and Programs.

CANCELLATION FOR SERVICES:
 

Once an order has been placed and received, we cannot accommodate cancellations as we immediately initiate the process of fulfilling orders to ensure timely delivery of our services. Thus, we advise you to thoroughly review your order before placing it.

 

REFUNDS FOR SERVICES:
 

Refunds are not offered for services that have been rendered. Once an order has been placed and processed, it is considered final and non-refundable. In the event that you encounter any issues with the quality of our service, please contact us immediately, and we will work with you to find a satisfactory solution.

MONTHLY PLANS AND/OR SWAPPED SERVICES:

This Section apply to all "services" and "monthly plans".

MEMBERSHIPS PLANS INCLUDES:

Silver membership, Gold Membership, VIP Membership, and the Elite Membership.

 

CANCELLATION AND/OR REFUNDS FOR MEMBERSHIPS:

The memberships are for ongoing support from EMD Consortia and are not contract based. They're charged monthly and can end at any given moment without penalty. However, it is your responsibility to cancel your membership. There will be an automatic credit or debit card charge. Cash and other forms of payment are considered. To receive and take advantage of all the benefits listed in the VIP and elite memberships of the pricing and plans, clients must maintain their memberships in good standing by paying or having paid their membership fees for the full consecutive twelve-month period. For additional information please contact our support team via phone at (423) 529-4363 or via email support@emdconsortia.com

OUR RIGHTS:


We reserve the right to refuse service to anyone who violates our terms and conditions, including attempting to abuse our cancellation and refund policy. By placing an order with us, you agree to abide by these policies.

 

PAYMENTS AND DUE DATES:

All payments are due according to the terms specified on your invoice. Late payments may incur additional fees or interest charges. To ensure timely payment and avoid any inconvenience, please submit payment before the due date specified on your invoice. 

FORMS:

It is critical to review all forms thoroughly before submitting them for processing. Our team will begin processing the requested services once the forms have been received. If there are any terms or information that you are unsure of, please do not hesitate to reach out to us for clarification. It is your responsibility to contact us with any questions or concerns before submitting the forms to avoid any potential errors.

In the event that an error does occur, please contact us immediately, and we will work with you to rectify the situation. Depending on the service requested, such as state, city, county, or federal services, correcting any errors may involve additional fees and may take some time to complete.

We appreciate your cooperation in ensuring that the forms are filled out accurately and completely to avoid any issues or delays in processing your requested services.

SECTION 19 - FORCE MAJEURE CONTRACT

​If there is a cancellation and/or an obligation not being met due to unforeseen circumstances the client frees and eliminate EMD Consortia from all liabilities. Unforeseen circumstances may include war, strike, riot, crime, epidemic, adverse weather conditions, act of God, mechanical breakdown or derangement of the aircraft, the insured is denied boarding due to over-booking of the scheduled flight, or the inability to travel back to the country of residence due to sickness or bodily injury sustained by the insured during the trip etc. No refund will be provided to client, however; We will allow reschedules. EMD Consortia have the right to deny a date, service, or time change if it interferes with other bookings and schedules. We have the right to suggest alternatives in such cases.

 

 

SECTION 20 - WARRANTY DISCLAIMERS

 

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

 

a) THE USE OF SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

b) AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

 

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

 

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

SECTION 21 - LIMITATION OF LIABILITY

 

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT EMC CONSORTIA AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

 

a) THE USE OR INABILITY TO USE OUR SERVICE.

 

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES.

 

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA.

 

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE.

 

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

 

SECTION 22 - RELEASE

 

In the event you have a dispute, you agree to release EMD Consortia (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

 

SECTION 23 - NOTICE

 

EMD Consortia may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

 

SECTION 24 - INTELLECTUAL PROPERTY RIGHTS

 

You herein acknowledge, understand and agree that all of the EMD Consortia trademarks, copyright, trade name, service marks, and other EMD Consortia logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of EMD Consortia. You herein agree not to display and/or use in any manner the EMD Consortia logo or marks without obtaining EMD Consortia's prior written consent.

 

EMD Consortia will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, EMD Consortia may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

 

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest.

 

b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon.

 

c) A description of the location of the site which you allege has been infringing upon your work.

 

d) Your physical address, telephone number, and email address.

 

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law.

 

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

The EMD Consortia agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

 

Mailing Address:

EMD Consortia

Attn: Copyright Agent

808 Chestnut St. #33

Chattanooga, Tennessee 37402

 

Telephone: (423) 529-4363

Email: support@emdconsortia.com

 

SECTION 25 - ENTIRE AGREEMENT

 

This Agreement constitutes the entire agreement between you and EMD Consortia and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to EMD Consortia Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other EMD Consortia Services, affiliate Services, third-party content, or third-party software.

           

SECTION 26 - CHOICE OF LAW AND FORUM

 

It is at the mutual agreement of both you and EMD Consortia with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Tennessee without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and EMD Consortia, shall be filed within the courts having jurisdiction within the County of Hamilton, Tennessee or the U.S. District Court located in said state. You and EMD Consortia agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

SECTION 27 - WAIVER AND SEVERABILITY OF TERMS

 

At any time, should EMD Consortia fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Our Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

 

SECTION 28 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

 

You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.

 

SECTION 29 - STATUTE OF LIMITATIONS

 

You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services, or the Agreement must be filed within 6 year(s) after said claim or cause of action arose or shall be forever barred.

 

SECTION 30 - VIOLATIONS

 

Please report any and all violations of this Agreement to EMD Consortia as follows:

 

Mailing Address:

EMD Consortia 

808 Chestnut St. #33

Chattanooga, TN 37402

Telephone: (423) 529-4363

Email: support@emdconsortia.com

SECTION 31 - GOVERNMENT REQUESTS

 

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history.  Our right to disclose any such information is governed by the terms of our Privacy Policy.

 

SECTION 32 - FOREIGN ACCESS OF SITE

 

The Site is controlled, operated, and administered by EMD Consortia from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use EMD Consortia's content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

 

SECTION 33 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.

 

 

SECTION 34 - PRIVACY POLICY

 

Every member's registration data and various other personal information are strictly protected by the EMD Consortia Online Privacy Policy (see the full Privacy Policy at https://www.emdc.com/privacypolicy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by EMD Consortia and/or our subsidiaries and affiliates.

 

SECTION 35 - “AS IS” and “AS AVAILABLE” Disclaimer

 

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

SECTION 36 - DISPUTES RESOLUTION

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

SECTION 37 – FOR EUROPEAN UNION (EU) USERS

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

SECTION 38 – UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

SECTION 39 – ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

SECTION 40 – LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EMC CONSORTIA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

EMC CONSORTIA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EMC CONSORTIA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMC CONSORTIA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EMC CONSORTIA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE/SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

SECTION 41 - COMMUNICATIONS VIA TEXT, PUSH NOTIFICATION, EMAIL, AND PHONE

To the fullest extent permitted by law, by providing us with your phone number, you give consent to receiving text (SMS) messages, push notifications, and phone calls from us. These communications may encompass various purposes, including but not limited to secondary authentication requests, receipts, reminders, account updates or support notifications, service feedback requests, and marketing or promotional communications. It is important to note that your consent to receive promotional texts or calls is not a mandatory requirement for using any of our Services. Call and text message communications may be generated through automated telephone dialing systems. Please be aware that your cell phone carrier may apply standard message and data rates to the text messages we send you.

If you wish to stop receiving promotional email communications from us, you can utilize the unsubscribe options provided in the emails or manage your communication preferences within the application. To opt-out of receiving text messages from EMD Consortia, you can reply with "STOP" or follow the instructions provided in the text message. If you prefer not to receive phone calls, you can inform the caller or contact our support team. Please keep in mind that opting out of receiving communications may impact your use of our Services.

 

SECTION 42 - ADDITIONAL TERMS THAT APPLY TO YOU

1). Link E-Sign Disclosure: By continuing with our services, you are agreeing to the Link E-Sign Disclosure, which states that our communication with you will be conducted electronically. Your electronic agreement holds the same legal weight as a physical signature, and you consent to receiving notices through our Consumer Services.

2). Privacy Policy: You acknowledge the Privacy Policy. EMD Consortia and the Business User are independent controllers of personal data collected in conjunction with the Services and will independently and separately determine the purposes and means of processing personal data. We may transfer your personal data to countries other than your own country, including the United States. Please carefully read the Privacy Policy to understand how your information is collected, used, and shared in connection with these Services. Learn more by reviewing EMD Consortia's Privacy Center.

3). Service-Specific Terms: Certain services provided by EMD Consortia may have specific terms that apply when you utilize those particular services. These service-specific terms can be found in the left-hand menu.

4). Acceptable Use Policy: Your usage of EMD Consortia's services is subject to our Acceptable Use Policy.

We may revise these Terms from time to time. We will use reasonable efforts to notify you of material changes to these Terms in advance of their effectiveness, including by posting notice on the applicable Consumer Services or providing notice via an email address associated with you. The revised Terms will be effective on the date stated in the revised Terms. By using our Services after any revisions become effective, you agree to those changes. If you do not agree with any changes to these Terms, you must stop using the Consumer Services.

SECTION 42 - IDENTIFICATION AND FRAUD PREVENTION

By utilizing the services provided by EMD Consortia, you hereby agree to the following terms:

a) You are responsible for ensuring the accuracy and completeness of the information you provide about yourself and your utilization of our services. It is crucial to maintain up-to-date information at all times.

b) In accordance with applicable laws, we, along with our service providers, may verify your identity as deemed necessary.

If you become aware of any unauthorized use or access to your account, it is your duty to promptly notify us. You will be held responsible for any actions carried out using your account credentials, except for those occurring after you have informed us of any compromise or unauthorized access to your account or credentials.

SECTION 43 - ASSIGNMENT AND THIRD-PARTY BENEFICIARIES


You are prohibited from assigning your rights or obligations under these Terms to any third party without obtaining our prior written consent. However, we reserve the right to delegate the performance of our obligations and to assign our rights and obligations under these Terms to affiliates of EMD Consortia. We may exercise this right at any time and for any reason by providing you with notice.

SECTION 44 - MISCELANEIOUS TERMS

These Terms, along with the Arbitration Agreement (if applicable), E-Sign Agreement, Privacy Policy, Acceptable Use Policy, and the product-specific Terms below, constitute the entire agreement between you and EMD Consortia regarding the services provided. In the event of an irreconcilable conflict or inconsistency between a provision in these Terms and any product-specific Terms, the provision in the product-specific Terms shall prevail. These Terms do not establish a partnership, joint venture, or agency relationship between you and EMD Consortia. The failure to exercise any right under these Terms does not constitute a waiver of that right. We reserve the right to enforce any part of these Terms at a later time. If any part of these Terms is deemed unenforceable, it will be disregarded, and all remaining terms will remain in effect.

SECTION 45 - LINK ACCOUNT TERMS

1). Description for Link

a). Link is a service offered by EMD Consortia, a business consulting company, that enables you to conveniently store and manage your information for an enhanced user experience. By authorizing us, you can benefit from an accelerated checkout process when making purchases at Link Merchants, businesses that offer Link as a streamlined checkout option.

b). When you choose to save your information or use the information stored in your Link account for future payments across Link Merchants, we collect and store certain personal details from you. This includes your Account Information, such as your name, email address, and mobile phone number, as well as your Payment Information, which encompasses credit card, debit card, bank account details, and billing address. Additionally, we gather your Shipping Information, which pertains to your designated shipping address, and Order Information, which consists of details related to your purchases from Link Merchants, such as order date, amount, and product specifics.

c). Collectively, your Account Information, Payment Information, Shipping Information, and Order Information constitute your "Saved Information." Please note that all personal information collected during your use of Link is governed by the Link Privacy Policy. As outlined in greater detail within the Link Privacy Policy, we may utilize your personal information for the development and analysis of our services.

d). When you utilize Link on a Link Merchant's website, either we or the Link Merchant will utilize cookies or similar technologies to link your web browser, app, or device to your Link Account. This enables us to recognize you when you visit the same Link Merchant or other Link Merchants on the same browser or device. By being logged in to your Link Account, you can make purchases using your Account Information, Payment Information, and Shipping Information across Link Merchants seamlessly. In such instances, we will provide the necessary Account Information, Payment Information, and/or Shipping Information to the Link Merchant to facilitate a quicker checkout process. If we are unable to recognize you (e.g., due to cleared cookies, being logged out of Link, or using a different device), you can still access your Saved Information by logging into your Link Account using your email address and a verification code sent to you via SMS text message or email from Link.

 

2). Use of Link: Your Rights and Obligations

As a user of Link provided by EMD Consortia, a business consulting company, you have certain rights and obligations. Please review the following terms:

a). Authorized Payment Information: You may only save Payment Information with us that you are authorized to use. It is important to ensure that the payment methods you save are authorized for your use.

b). Saving New Payment Methods: When you are logged into your Link Account and input or use a new payment method, such as a different debit or credit card or bank account, you authorize EMD Consortia to save that new payment method information to your Link Account as part of your Payment Information. The last payment method you used to successfully complete a transaction may become your default payment method for future transactions on a Link Merchant's website. You also have the option to change your default payment method by logging into your Link Account on app.link.com.

 

c). SMS Messaging: Message and data rates may apply for any SMS messages that we send to you or you send to us. If you have any questions regarding your text plan or data plan, please contact your wireless or mobile provider.

 

d). Modification or Termination of Link: We reserve the right to modify or terminate Link or any of its features or tools at any time and for any reason, acting in our reasonable discretion. Whenever possible, we will attempt to notify you in advance unless it is deemed unreasonable to do so.

e). Right to Refuse Service: We reserve the right to refuse service to anyone, at any time, and for any reason.

Please be aware that these terms govern your use of Link, and by using the service, you agree to abide by these rights and obligations.

3). Adding or Removing Payment Methods

a). Authorization: By using our services, including the ability to add or remove payment methods, you acknowledge and agree that you are authorized to manage the payment methods associated with your account. It is your responsibility to ensure the accuracy and validity of the payment information you provide.

b). Adding Payment Methods: When adding a new payment method, such as a credit card, debit card, or bank account, you authorize EMD Consortia to securely store and process the provided payment information. By doing so, you confirm that you have the necessary rights and permissions to use the added payment method.

c). Accuracy and Updates: It is essential to maintain accurate and up-to-date payment information in your account. You are responsible for promptly updating any changes to your payment methods, such as card expiration dates or account details, to ensure uninterrupted access to our services.

d). Removal of Payment Methods: You have the option to remove payment methods from your account at any time. By initiating the removal process, you understand that you will no longer be able to use the removed payment method for transactions or payments through our services.

e). User Liability: You are solely responsible for any actions or liabilities arising from the use of your payment methods, including any unauthorized or fraudulent transactions. EMD Consortia shall not be held liable for any losses incurred due to the misuse or unauthorized access to your payment methods.

f).  Compliance with Laws: By adding or removing payment methods, you agree to comply with all applicable laws, regulations, and industry standards regarding payment processing and financial transactions.

g). Third-Party Services: If you choose to link or integrate third-party payment services with our platform, additional terms and conditions of those services may apply. It is your responsibility to review and comply with the terms and conditions of any third-party services you use in conjunction with our services.

h). Modification of Payment Methods: EMD Consortia reserves the right to modify or update the accepted payment methods at its discretion. We will make reasonable efforts to notify you of any significant changes in advance.

Please review these terms carefully before adding or removing payment methods. Your continued use of our services constitutes your acceptance of these terms and conditions regarding the management of payment methods.

4). Backup Payment Methods

a). Backup Payment Methods: EMD Consortia, a business consulting company, offers the option to add backup payment methods to your account. Backup payment methods serve as a secondary form of payment to ensure uninterrupted access to our services in case the primary payment method fails or is declined.

b). Authorization: By adding a backup payment method, you authorize EMD Consortia to securely store and process the provided backup payment information. You confirm that you are authorized to use the backup payment method and that it complies with all applicable laws and regulations.

c). Primary Payment Method: The primary payment method is the default payment method associated with your account. The backup payment method will only be utilized if the primary payment method is unable to complete a transaction or payment.

d). Automatic Activation: In the event that the primary payment method fails or is declined, EMD Consortia may automatically activate the backup payment method to ensure uninterrupted service. This automatic activation is designed to minimize disruptions and maintain a seamless user experience.

e). User Responsibility: It is your responsibility to ensure that the backup payment method is valid, up to date, and has sufficient funds or credit availability to cover any transactions or payments. You are solely responsible for any fees, charges, or penalties that may result from the use of the backup payment method.

f). Updating Backup Payment Methods: You have the option to update or remove the backup payment method associated with your account at any time. It is recommended to review and update your backup payment method periodically to ensure its accuracy and effectiveness.

g). Notifications: EMD Consortia may send notifications or alerts regarding the activation or use of the backup payment method. These notifications may be sent via email, SMS, or through our platform. It is your responsibility to regularly check your notifications and keep your contact information up to date.

h). Liability: EMD Consortia shall not be held liable for any losses, damages, or liabilities arising from the use or activation of backup payment methods, including any unauthorized or fraudulent transactions. You are responsible for promptly notifying us of any suspicious or unauthorized activity related to your backup payment method.

i). Compliance with Laws: By using backup payment methods, you agree to comply with all applicable laws, regulations, and industry standards regarding payment processing and financial transactions.

Please review these terms carefully before adding backup payment methods. Your continued use of our services constitutes your acceptance of these terms and conditions regarding backup payment methods.

SECTION 46 - COMMUNICATION METHODS

We value clear and effective communication with our users, and in this section, we outline the various methods through which we engage and interact with you. By utilizing these channels, we aim to keep you informed, address your inquiries, and provide you with the best possible experience. Please review the following communication methods:

  1. Email Communications: We frequently communicate with you through email to share important updates, promotions, account information, and personalized recommendations. Ensure that your email address is up to date to receive relevant notifications.

  2. In-App Notifications: Our platform employs in-app notifications to deliver timely messages, alerts, and announcements directly within your user interface. These notifications may include product updates, reminders, and event invitations.

  3. Text Messages (SMS): We may send you text messages to convey time-sensitive information, authentication codes, transaction confirmations, and other relevant content. Make sure your mobile number is accurate to receive these messages.

  4. Phone Calls: Occasionally, our customer support team may reach out to you via phone to address specific inquiries, provide assistance, or gather feedback. We prioritize your privacy and adhere to all relevant regulations during these interactions.

  5. Social Media Platforms: Stay connected with us through our official social media accounts, where we share news, insights, engaging content, and respond to your comments and messages. Follow us to join the conversation.

  6. Live Chat: Our website features a live chat functionality that allows you to engage in real-time conversations with our support agents. Use this method for instant assistance and answers to your questions.

  7. Postal Mail: In certain cases, we may send you official documents, statements, or promotional materials via postal mail. Please ensure that your mailing address is accurate to receive physical correspondence.

  8. Push Notifications: If you have our mobile app installed, we send push notifications to your device, delivering updates, reminders, and relevant information directly to your home screen.

  9. Webinars and Virtual Events: We conduct webinars, online workshops, and virtual events to share knowledge, insights, and updates related to our services. Participate to enhance your understanding and engage with our experts.

  10. Surveys and Feedback Requests: Periodically, we may invite you to participate in surveys or provide feedback to help us improve our offerings. Your insights are invaluable in shaping our future endeavors.

By utilizing these diverse communication methods, we aim to accommodate your preferences and ensure you have access to the information and support you need. Please keep your contact information updated to make the most of these channels. 

Contact Us

​We welcome your questions, comments, or concerns regarding this Terms or Use/Services. If you believe that We has not adhered to this Statement, please contact Us at one of the options below.  

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