PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS APP AND/OR WEBSITE.
The following are the terms and conditions of your use of the Emme (“Emme,” “we,” or “us”) mobile application or website (the “Platform”) and other products and services available on the Platform (collectively with the Platform, the “Services”) of Emme (the “Terms of Service”). These Terms of Service form a legal agreement between you and Emme. BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Service.
The Services Do Not Provide Medical Advice or Services
We are not a Medical Provider or a Pharmacy. The contents of the Services, including materials and programs created by Emme and material obtained from governmental or other third parties sources (collectively, “Content”) are for informational purposes only and are not intended to be medical advice or instructions for medical diagnosis or treatment. Although certain aspects of our Services may permit you, if you desire, to register through the Platform with certain third-party service providers (e.g., a pharmacy or an asynchronous telemedicine medical provider) to obtain prescriptions or medical consultation, no physician-patient relationship is, or is intended to be, created by Content provided by Emme, and the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with respect to any questions regarding a medical condition.
If you think you may have a medical emergency, call your doctor or your local emergency number (911 in the United States) immediately.
Under no circumstances will Emme be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content.
Access and Use of the Service
Registered User Account, Password, and Security:You are responsible for maintaining the confidentiality of your account and password, if any, and are fully responsible for any and all activities that occur under your password or account. We encourage you to use “strong” passwords (that use a combination of upper and lower case letters, numbers, and special characters) with your account. You agree to (a) immediately notify Emme of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Service. Emme will not be liable for any loss or damage arising from your failure to comply with this Section.
General Practices Regarding Use: Emme reserves the right to restrict who is eligible for an account on the Platform and to use the Services. You acknowledge that Emme may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Emme’s servers on your behalf. We reserve the right to change our pricing from time to time, including the possibility of charging in the future fees for use of the Services or portions thereof. If we do change our fees, we will provide advance notice of the change on the Platform. Your continued use of the Service after the fee change becomes effective constitutes your acceptance of the updated fees. You agree that Emme has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Emme reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Emme reserves the right to change these general practices and limits at any time, in its sole discretion. Emme currently provides you with general use and access to the Service free of charge.
Products: The Services may offer products. For more information on our pricing, sale, payment, delivery and related policies, please see our Sales Terms and Conditions located at emme.com. By using the Services and purchasing products, you consent to our Sales Terms and Conditions.
Advertising: In consideration for Emme granting you access to and use of the Services, you agree that Emme and its third-party providers and partners may place advertising or promotions of third- party products on the Services or in connection with the display of Content or information from the Services.
Mobile Service: Your wireless service carrier’s standard charges, data rates, and other fees may apply to your use of the Services. In addition, downloading, installing, or using the Services may be prohibited or restricted by your carrier, and the Services may not work with all carriers or devices. You agree that we may communicate with you regarding Emme and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Emme account information to ensure that your messages are not sent to the person that acquires your old number.
Modifications to Service: Emme reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof). You agree that, to the extent permitted by law, Emme will not be liable to you for any modification, suspension, or discontinuance of the Services in accordance with these Terms of Service.
Conditions of Use
User Conduct: You are solely responsible for all information entered or uploaded into the Services by you. You agree to not use the Services to engage in any violation of any law or governmental regulation, any activity that poses or creates a privacy or security risk to any person, or any activity which in the sole judgment of Emme, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Emme or its users to any harm or liability of any type, or interfere with or disrupt the Services.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services.
If you utilize the services of certain third-party providers, then you may be billed through Emme for certain products and/or services of those third-party providers. In such cases, we may charge you an administrative or other fee. You acknowledge that by registering for the third-party service, you are agreeing to any and all applicable terms and conditions set forth by our payment partner at https://stripe.com/us/connect-account/legal, in addition to these Terms of Service.
Third Party Sites and Content
Our Services may contain links to independent third-party Web sites or other content of third parties (together “Third Party Contents”). Emme provides these Third Party Contents and content solely for your convenience, and does not control or endorse any of them. Emme cannot be responsible for the content, security, or privacy policies of Third Party Contents or content.
You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that these Terms of Service are between you and Emme and not with the App Store. Emme, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Services, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Service and will have the right to enforce them.
Intellectual Property Rights
Content, Software, and Trademarks: You acknowledge and agree that the Content on the Platform is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. All right, title, and interest in the Content are and will remain the exclusive property of Emme, its affiliates, and its licensors. Except as expressly authorized by Emme, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Content, in whole or in part. Any use of the Services or the Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Emme, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Emme.
The Emme name and logos are trademarks and service marks of Emme and its affiliates (collectively the “Emme Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Emme. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Emme Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Emme Trademarks will inure to our exclusive benefit.
Copyright Complaints: Emme respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Emme of your infringement claim in accordance with the procedure set forth below.
Emme will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Emme's Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
Emme Copyright Agent:
Attn: Copyright Agent
498 Alabama St.
San Francisco, CA
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with DMCA and other applicable law, Emme has adopted a policy of terminating, in appropriate circumstances and at the discretion of Emme, account holders who are deemed to be repeat infringers. Emme may also at our discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Indemnity and Release
You hereby agree to release, indemnify, and hold Emme and its affiliates and their officers, employees, directors, and agents harmless from any from any and all losses, damages, expenses (including reasonable attorneys’ fees), costs, awards, fines, damages, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, in or outside of the United States, you waive any comparable statute or doctrine.
Liability of Emme
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMME AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
EMME AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE CONTENT OR OTHER INFORMATION PROVIDED ON OR THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Emme NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF Emme HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY DATA, INFORMATION, OR SERVICE OBTAINED THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EMME’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY, OR OTHERWISE) OR CAUSES OF ACTION EXCEED ONE THOUSAND DOLLARS ($1000).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Service are exclusive and are limited to those expressly provided for in these Terms of Service.
Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing Emme support at email@example.com. In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Emme has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than $75,000 in damages, Emme will pay reasonable attorneys’ fees should you prevail, and Emme will not seek attorneys’ fees from you. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the AAA Rules (as defined below) or the rules of the local governing arbitration body in the case AAA Rules are not available. Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class actions are not permitted.
Emme and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
References to “Emme”, “we”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, provincial, national or local agencies, including, for example, if residing in the United States, the Federal Communications Commission or the Attorney General of your state. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Emme are each waiving the right to a trial by jury or to participate in a class action. If residing in the United States, these Terms of Service evidence a transaction in interstate commerce, and thus the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Emme should be sent to Emme, Inc., Attn: Disputes, 498 Alabama Street, San Francisco, CA 94110, with a copy by email to firstname.lastname@example.org (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Emme and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Emme may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Emme or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Emme is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Emme and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Emme will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND Emme AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Emme agree otherwise in writing, 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Terms of Service to the contrary, we agree that if Emme makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the AAA Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead.
You agree that Emme, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service under reasonable circumstances, including, without limitation, for lack of use or if Emme believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Emme may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service where such deactivation or deletion is permitted under these Terms of Service. Further, you agree that Emme will not be liable to you or any third party for any termination of your access to the Service.
You also have the right to terminate your Emme account. You may delete your Emme account at any time by accessing the settings section of the Platform.
These Terms of Service constitute the entire agreement between you and Emme and govern your use of the Services, superseding any prior agreements between you and Emme with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Emme agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, CA. The failure of Emme to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) 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 these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Emme, but Emme may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.
Last updated: July 20, 2020.