Welcome to emergentsoftware.net! Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the emergentsoftware.net website (the "Website") operated by Emergent Software, LLC ("us", "we", or "our").
Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Website.
1. Intellectual Property
The Website and its original content, features, and functionality are and will remain the exclusive property of Emergent Software, LLC and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Emergent Software, LLC.
2. Links to Other Sites
Our Website may contain links to third-party sites or services that are not owned or controlled by Emergent Software, LLC.
Emergent Software, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services. We do not warrant the offerings of any of these entities/individuals or their sites.
You acknowledge and agree that Emergent Software, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party sites or services.
3. Termination
We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Website will cease immediately.
4. Fulfillment Policy
Emergent Software is committed to providing clarity and transparency in the delivery of our services. Below are our policies regarding refunds, delivery, returns, and cancellations.
Refund & Return Policy: We primarily deliver Professional Services on a Time and Materials basis, which are not typically eligible for refunds or returns. However, exceptions apply in certain circumstances, such as when we fail to meet an agreed-to Support Services Service Level Agreement (SLA). Refund eligibility will be explicitly outlined in the applicable Statement of Work (SOW).
Shipping or Delivery Policy: Our services are delivered remotely through secure tools that allow us to access your cloud-based tenant or on-premise environment. This delivery model ensures seamless collaboration and efficient execution of our services. Emergent Software’s services are generally available worldwide, with exceptions depending on the type of work being requested. For more details on eligibility for service delivery in your location, please consult your account representative or contact us at [email protected].
Cancellation Policy: All services provided by Emergent Software may be cancelled for convenience with a 90-day written notice. The details of this policy are outlined in our Master Services Agreement, which all clients agree to prior to our engagement. For products resold by Emergent Software, the cancellation policy is determined by the respective product’s terms and conditions.
5. Indemnification
You agree to defend, indemnify and hold harmless Emergent Software, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Website, by you or any person using your account and password, or b) a breach of these Terms.
6. Limitation of Liability
In no event shall Emergent Software, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
7. Disclaimer
Your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Emergent Software, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.
8. Governing Law
These Terms shall be governed and construed in accordance with the laws of Minnesota, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.
9. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
10. Contact Us
If you have any questions about these Terms, please contact us at [email protected].
