Effective date: May 1, 2026
Please read these Terms and Conditions ("Terms") carefully before using the https://www.emergentsoftware.net/ website (the "Website") operated by Emergent Software, LLC ("us," "we," or "our").
By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you do not have permission to access the Website. These Terms apply to all visitors, users, and others who access or use the Website.
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 applicable laws of the United States and foreign countries.
Our name, logo, and trademarks may not be used in connection with any product or service without the prior written consent of Emergent Software, LLC. Nothing in these Terms grants you any right to use our intellectual property other than as expressly permitted herein.
All rights not expressly granted in these Terms are reserved by Emergent Software, LLC.
You agree to use the Website only for lawful purposes and in a manner consistent with these Terms. You agree not to:
Use the Website in any way that violates applicable federal, state, local, or international law or regulation
Transmit any unsolicited or unauthorized advertising or promotional material
Attempt to gain unauthorized access to any part of the Website, its servers, or any system or network connected to the Website
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
Use any automated means, including bots, scrapers, or crawlers, to access or collect data from the Website without our prior written consent
Introduce any viruses, malware, or other harmful code to the Website
Use the Website to collect or harvest personal information about other users
We reserve the right to terminate your access to the Website for any violation of these acceptable use provisions.
Our Website may contain links to third-party websites or services that are not owned or controlled by Emergent Software, LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
We do not warrant or endorse the offerings of any third-party sites or services. 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 your use of or reliance on any content, goods, or services available through any third-party sites or services.
We encourage you to review the terms and privacy policies of any third-party sites you visit.
Refund and Return Policy: Emergent Software primarily delivers professional services on a time and materials basis. These services are generally not eligible for refunds or returns. Exceptions may apply in specific circumstances, such as failure to meet an agreed-upon Support Services Service Level Agreement (SLA). Refund eligibility will be explicitly outlined in the applicable Statement of Work (SOW) for each engagement.
Service Delivery: Our services are delivered remotely through secure tools that allow us to access your cloud-based or on-premises environment. This delivery model ensures seamless collaboration and efficient execution across engagements. Emergent Software's services are generally available to clients in the United States and internationally, with certain exceptions depending on the nature of the work requested. For questions about service availability in your location, please contact us at [email protected].
Cancellation Policy: All services provided by Emergent Software may be cancelled for convenience with 90 days' written notice. The full details of this policy are outlined in our Master Services Agreement, which all clients agree to prior to the start of an engagement. For products and third-party services resold by Emergent Software, cancellation terms are governed by the respective product or vendor's terms and conditions.
Your use of the Website is at your sole risk. The Website is provided on an "as is" and "as available" basis 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 licensors do not warrant that:
The Website will function uninterrupted, securely, or be available at any particular time or location
Any errors or defects will be corrected
The Website is free of viruses or other harmful components
The results of using the Website will meet your requirements or expectations
Nothing in these Terms shall exclude or limit any warranty that cannot be excluded or limited under applicable law.
To the fullest extent permitted by applicable law, in no event shall Emergent Software, LLC, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, data, goodwill, use, or other intangible losses, arising out of or in connection with:
Your access to or use of, or inability to access or use, the Website
Any conduct or content of any third party on or through the Website
Any content obtained from the Website
Unauthorized access to, use of, or alteration of your transmissions or content
This limitation applies whether the claim is based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Emergent Software, LLC has been advised of the possibility of such damages.
In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability will be limited to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless Emergent Software, LLC and its licensees, licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising out of or related to:
Your access to or use of the Website
Your violation of these Terms
Your violation of any third-party right, including any intellectual property or privacy right
Any claim that your use of the Website caused damage to a third party
This indemnification obligation will survive the termination of these Terms and your use of the Website.
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at https://www.emergentsoftware.net/privacy to understand our practices regarding the collection, use, and protection of your personal information.
These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, United States, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Website shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Minnesota.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in full effect. These Terms constitute the entire agreement between us regarding the Website and supersede any prior agreements between us relating to the Website.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice before the new terms take effect. What constitutes a material change will be determined at our sole discretion.
We will notify you of changes by updating the effective date at the top of this page and, for significant changes, by posting a prominent notice on the Website or sending an email notification where we have your contact information.
By continuing to access or use the Website after any revisions become effective, you agree to be bound by the updated Terms. If you do not agree to the revised Terms, you are no longer authorized to use the Website.
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it will be severed from these Terms. The remaining provisions will continue in full force and effect.
No waiver by Emergent Software, LLC of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
These Terms, together with our Privacy Policy and any applicable Statement of Work or Master Services Agreement, constitute the entire agreement between you and Emergent Software, LLC regarding your use of the Website and supersede all prior and contemporaneous agreements, representations, and understandings.
If you have any questions about these Terms, please contact us:
Emergent Software, LLC
Email: [email protected]
Emergent Software delivers data platforms, Azure cloud, AI, custom software development, and security solutions as a certified Microsoft Solutions Partner.
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