Terms & Conditions
Consent and Capacity
In order to use our services, you must be at least eighteen. Your use of our services is conditioned on your acceptance of these Terms. If you do not agree with these Terms, please discontinue your use of the Site. By using our services, you warrant that you are entering into a binding contract with The Emmerich Group, Inc.. Areas of the Site may also be subject to additional terms. Any additional terms are not intended to replace or supersede these Terms, but rather supplement these Terms in those specific areas. Please take the time to familiarize yourself with the additional conditions of those areas before accessing them.
Intellectual Property Rights
Emmerich Financial’s trademarks, trade names, logos, and other intellectual property incorporated into the Site are the sole property of The Emmerich Group, Inc. or its licensors and are protected under copyright, trademark, trade secret, and other intellectual property laws. Copying or distributing any material, illustrations, photographs, video, or content from the Site without consent is strictly prohibited. Additionally, any use that constitutes an infringement of any of the above-stated intellectual property rights is prohibited. We, in our sole discretion, reserve the right to remove any content or take any steps deemed appropriate to protect such rights.
Emmerich Financial allows its users to post, upload, or comment on content on the Site. This user-generated content includes, but is not limited to reviews and comments. By posting on the Site, you grant The Emmerich Group, Inc. a perpetual, nonexclusive, unrestricted, worldwide license to any and all of the user content you post. You acknowledge that you are the sole owner of any copyrights and that your content does not infringe the rights of any third parties. You agree to be fully responsible for any content you post on the Site.
User reviews, comments, pictures, and ideas posted on the Site may be used to improve Emmerich Financial. By submitting user content, you give permission to store and use such content to improve our services.
The Emmerich Group, Inc. may monitor any user’s content posted to the Site. We reserve the right, at our discretion, to remove, terminate, or prohibit users from accessing the Site for any reason or no reason with or without notice.
Users of the Site agree to the following guidelines:
1. You will keep your username and password confidential. You will not share this information with any other person.
2. You will not use another user’s login and registration information.
3. You will not create fake accounts for the purpose of spamming users or visitors, collecting personal information with or without consent, or any other deceptive practices.
4. You will not circumvent, evade, disable, or otherwise interfere with the security of the Site.
5. You will not infringe the intellectual property rights of others.
You understand and agree that your use of our website is limited and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
Obscene and Offensive Content
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to [email protected] so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
THE SITE, ITS CONTENT, AND ALL THE MATERIALS ARE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR GUARANTEE. YOU ACCESS THE SITE AT YOUR OWN RISK UNDERSTANDING THAT THE EMMERICH GROUP, INC. DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE EMMERICH GROUP, INC. WILL NOT BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGE THAT MAY ARISE FROM YOUR USE OF THIS SITE. THE EMMERICH GROUP, INC. DISCLAIMS ANY AND ALL WARRANTIES PERTAINING TO THE ACCURACY AND USEFULNESS OF THE MATERIALS, CONTENT, SOFTWARE, OR SERVICES PROVIDED VIA THE SITE. THE EMMERICH GROUP, INC. MAKES NO PROMISES OR REPRESENTATIONS THAT OUR SOFTWARE IS FREE FROM VIRUSES, MALWARE, OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION.
THIS SECTION APPLIES TO YOU TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, THE EMMERICH GROUP, INC. DOES NOT ACCEPT LIABILITY FOR LOSS OR DAMAGE OF ANY KIND, BE IT DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, ACTUAL, PUNITIVE, OR OTHERWISE, WHETHER IT ARISES FROM PERSONAL INJURY, FINANCIAL LOSS, DATA LOSS, OPPORTUNITY LOSS, THIRD-PARTY USE OR MISUSE, AGGREGATE SERVICE, PERSONAL DISSATISFACTION, OR ANY OTHER DAMAGE RESULTING FROM YOUR USE OF THE SITE. THE FULL ASSUMPTION OF RISK AND THEREFORE RESPONSIBILITY LIES WITH YOU, THE USER AND VISITOR. THE EMMERICH GROUP, INC., ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, ASSIGNORS, AND LICENSORS WILL NOT BE HELD LIABLE IN ANY EVENT. FOR JURISDICTIONS IN WHICH STATUTORY LAW PROHIBITS THE LIMITATION OF CERTAIN TYPES OF LIABILITY RELATED TO THE GROSS NEGLIGENCE OF A PARTY, THE EMMERICH GROUP, INC.’S LIABILITY IS LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
You agree to indemnify and hold harmless The Emmerich Group, Inc., its directors, shareholders, employees, representatives, agents, subsidiaries, assignors, and licensors from and against any lawsuits, disputes, claims, proceedings, demands, costs, or expenses related to or stemming from any use of the Site or your breach of these Terms and any other policies incorporated into this agreement.
Choice of Law
These Terms and any disputes arising from the use of THE SITE are governed by and construed according to the law of the state of Florida. Each party agrees to submit to the courts of the state of Florida and that the state of Florida has personal jurisdiction over the matter.
We believe that it is beneficial to all parties to quickly resolve any potential disputes as efficiently and cost-effectively as possible. In line with this belief, you agree that any disputes arising from your use of the Site will be handled and resolved according to the provisions of these Terms, unless otherwise explicitly stated. If a dispute arises, you agree to first contact us and attempt to resolve any such issues informally. If informal attempts fail, you agree to submit any claim, dispute, or controversy to binding arbitration.
YOU AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL YOU MAY HAVE IN ANY AND ALL JUDICIAL PROCEDURES AND PROCEEDINGS RELATED TO ANY DISPUTE ARISING FROM YOUR USE OF THE SITE UNDER THESE TERMS.
ALL PARTIES WAIVE THEIR RIGHTS TO PRESENT CLAIMS IN A CLASS ACTION SUIT.
If any portion of these Terms is deemed unenforceable, void, or invalid for any reason, the remaining provisions of these Terms will remain unaffected and will not be considered unenforceable, void, or invalid. They will maintain the full force of law to the extent possible.
Changes to These Terms
We may update these Terms from time to time. If any updates are made to these Terms, they will be posted here. Additionally, if material changes are made, we will notify you via a notice posted on the Site, and registered users will receive an additional email. Please check this page frequently for updates.
If you have any questions, comments, or concerns about these Terms or our services, please contact us via email at [email protected], or by mail at 4850 Tamiami Trail N, Unit 301, Naples, FL 34103.
Effective Date: November 28, 2023