TERMS AND CONDITIONS

Terms of Service

This is an agreement between an individual, users, entity or entities (“you”, “your” or users) and Emoli LLC, a State of Oklahoma, USA, Limited Company doing business as Emoli (“Emoli,” “we,” “us” or “our”), that governs your use of the www.emoli.org website, including without limitation any portions that are co-branded with a third party name or brand (the “Website”), our online training and coaching services, any software that Emoli makes available to its users, such as our learning management system (the "Software"), any mobile app we may provide, any third party login portals or video players we authorize users to install, and any other related tools and services (collectively, the "Services"). When you access or use the Services in any way or express your consent to these terms in any other respect, you agree to be legally bound by these Terms of Use ("Terms"). These Terms apply to anyone using any of the Services, and to all users of our Services ("users," "you" or "your"), including without limitation general website visitors, invited visitors, presenters, subject matter experts, and registered participants. These terms contain important information about your rights and obligations, including arbitration of legal disputes so, please make sure you review them carefully. By accessing or using the services, you understand and agree both these terms and Emoli’s privacy policy.

User Responsibilities and Conduct

At Emoli, the services are designed to be user-friendly and are committed to providing quality services and an excellent experience in a professional learning environment for all our participants. Hence, it is important to us that they remain a friendly, safe and trustworthy space to interact with other participants and us. Accordingly, you agree that you will only use the Services in a manner consistent with their purpose and as described in these Terms and to conform your conduct to the rules on acceptable behavior set forth herein. You and all other participants will be expected to comply with these Terms, to be polite and respectful, and to refrain from using the Services to engage in any prohibited conduct. You hereby agree to the following concerning your use of the Services:

Basis

The Online Learning Programs are offered as a platform for business professionals and practitioners to access and share information and learn from each other. The platform shall not be used for any purposes stated here including but not limited to marketing or selling of products and services.

Warranty and License of your Data Submissions

You hereby confirm that you own all the information you provided, and you are the individual pictured and/or heard in your user account. Under this Agreement you grant Emoli a worldwide, unlimited, nonexclusive, irrevocable, perpetual, assignable, royalty-free and fully paid up right to us to commercialize, copy, improve, prepare derivative works of, distribute, remove, retain, add, process, analyze, use and in any way now known or in the future discovered, any information we collect, directly or indirectly through Emoli, including, but not limited to, any ideas or concepts, user-generated content, data to the services you submit to Emoli, without any further consent or compensation to you or to any third parties. By submitting information to us, you warrant that you are not violating other third-party rights or any contractual restrictions, the information is accurate, not confidential and you are entitled to submit the information. It is your responsibility to safeguard your information within Emoli, any data you submit to Emoli is at your own risk of loss.

Postings and Data Usage Restrictions

Any information provided to you for logging in (Login name, passwords, etc.) is non-transferable. You may access the Content as permitted under these Terms of Use for your personal learning purposes solely as intended through the provided functionality of the Service and. Any Content displayed by Emoli on the Service shall not be downloaded unless you see a “download” or similar link for that Content. Without the prior written consent of Emoli you shall not make available online or electronically transmit, broadcast, copy, reproduce, publish, adapt, distribute, display, sell, license, or otherwise exploit any Content for any other purposes. You shall not post any content that encourages conduct that would be considered a criminal offense or bring forth civil liability, Content deemed pornographic, hateful, threatening, abusive, inappropriate, obscene, harassing, libelous, racially or ethnically offensive, defamatory or violate any law. Emoli reserves the right to moderate, edit or deny publishing of any of your content contributions.

Confidentiality of Published Content

Your content submissions or contributions such as video, audio, text ideas, documents, suggestions or proposals to Emoli and live video or audio conferences shall not contain confidential or proprietary information. You shall not add any content to the Emoli website if you have an idea that is subject to third party rights that may be infringed by sharing it, information that you would like to keep confidential or don't want others to use. You are not entitled to any compensation or reimbursement of any kind from Emoli under any circumstances and you irrevocably non-exclusively license to Emoli, the rights to exploit your Contributions. Emoli is not responsible for other’s misuse or misappropriation of any content or information you add to Emoli and is not under any obligation of confidentiality, express or implied, with respect to the Contributions.

Features and Schedules

While every reasonable effort will be made to adhere to the advertised package, Emoli reserves the right to change or omit features, or alternative offers shall be made. Emoli reserves the right to cancel, add or change the dates for any of the scheduled presentations/courses/meetings and/or remove or replace the presenters. The features included on this web site such as the ability to display text and images, play videos, publish text or image-based information, record and publish videos, organize live video conferencing, earn ranks, points, and badges, etc. are not guaranteed to function on all devices and browsers. In case any of such features does not function in any device or browser, it is your responsibility to find and try an alternate device or browser. Emoli reserves the right to add, change or delete any of the technical features of the web site. Due to technical problems, some features may not be functional and at times, the whole web site may not be accessible for you, and we do not guarantee uninterrupted web access.

Indemnification

You agree to indemnify us and hold us harmless for all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs caused by, (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, or (2) any activity in which you engage on or through Emoli.

Third Party Websites

The Emoli website contains a number of links to other websites and online resources that are not owned or controlled by us. Emoli has no control over, and therefore cannot assume responsibility for, the content, privacy policies, or practices of any third party websites and/or services. In addition, Emoli will not and cannot censor or edit the content of any third party website. By using the Website, you expressly relieve Emoli from any and all liability arising from your use of any third party website. We strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our website.

Variation and Termination

You acknowledge that Emoli may at any time and from time to time, modify or discontinue, temporarily or permanently, all or any part of the Service, or any established general practices and limits, with or without notice. You agree that Emoli shall not be liable to you or to any third party for any suspension, modification or discontinuance of the Service. Neither Emoli nor its Partners are under any obligation to preserve, provide access to or return you any User Content. Emoli reserve the right to refuse access to the Services to anyone or to terminate a user’s account for any reason at any time.

Communication with Peer Participants

You are solely responsible for your interactions with other Participants. Emoli reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Emoli determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

Exclusions and Limitations

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 above limitations and disclaimers may not apply to you. To the extent that Emoli or its Partners may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of liability of Emoli and its Partners shall be the minimum permitted under such applicable law.

Assignment

These Terms and any rights and licenses granted hereunder may be assigned by Emoli to any person or entity without restriction and without your or any other user’s consent.

Arbitration

Any dispute, controversy or claim arising out of or relating to this agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered in the State of Oklahoma, USA, under rules in force when the Notice of Arbitration is submitted. The decision of the arbitrator shall be final, binding on the parties and not appealable. The arbitration shall be based on the submission of documents, and there shall be no in-person or oral hearing. Judgment on the arbitration award may be entered and enforced in any court having jurisdiction thereof.

Warranty Disclaimer

This website is provided “as is” without any representations or warranties, express or implied. Emoli makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Emoli does not warrant that: (1) this website will be continuously available or available at all; or (2) the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter, you should consult an appropriate professional.

Limitation of Liability

Emoli will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: (1) for any indirect, special or consequential loss; or (2) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Emoli has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Emoli has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Emoli officers or employees in respect of any losses you suffer in connection with the website. Without prejudice, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Emoli’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Emoli.

Relationship of the Parties

Notwithstanding any provision hereof, for all purposes of this Agreement, each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.

Unenforceable provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.