Terms and Conditions
Last updated January 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE Emerald STRATEGY GROUP, LLC WEBSITE. THESE TERMS AND CONDITIONS (THE “TERMS”) GOVERN YOUR ACCESS TO AND USE OF THE SITE.
By using the website located at https://www.emerald-sg.com/ and all related sites (collectively, the “Site”), you, the user (“you”), signify your agreement with these Terms and Conditions. If you do not agree with any of the below Terms and Conditions, do not use the Site. Emerald Strategy Group, LLC (“we”, the “Company” or “Emerald”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time. Such modifications shall be effective immediately upon posting of the modified Terms and Conditions. By using the Site after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Emerald retains the right to deny access to anyone at its complete discretion for any reason, including for violation of any of these Terms and Conditions.
All references to “Emerald” made within these Terms and Conditions shall be references to and include Emerald Strategy Group, LLC, and its affiliates.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This site is controlled and operated by Emerald or its representatives. All material on the Site, including, but not limited to, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, registered and unregistered, and other intellectual property rights which are owned and controlled by Emerald or by other parties that have licensed their material to Emerald. Material from any web site owned, operated, licensed, or controlled by Emerald may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means unless otherwise agreed to in writing by Emerald. The materials on the Site may not be used for commercial benefit without prior expressed written permission by Emerald.
Emerald authorizes you to view and access a single copy of the content available on or from the Site solely for your personal use, and any modification of the materials on the Site or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. Except as expressly allowed by these Terms and Conditions and/or some other written agreement between you and Emerald, the use of any such material on any other website or networked computer environment is prohibited. The Site may contain other proprietary notices, trademark and/or copyright information, the terms of which must be observed and followed. Information on the Site may be changed or updated without notice.
In addition, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. You shall not engage in “spidering,” “screen scraping,” “database scraping,” harvesting of user information, or any other automatic means of accessing, logging-in or registering on this Site, or obtaining or accessing any information from or through the Site. You shall not use the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
You may not use the Site in order to transmit, post, distribute, store or destroy material, including without limitation, content from the Site, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of Emerald Logistics or any other third party, or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
SERVICES
Any contractual agreements between you and Emerald will be documented through a separate written agreement between you and Emerald, although the process may be initiated by submitting information through the Site. Emerald’s receipt of any transaction request information does not signify acceptance of any offer regarding the terms of such transaction. EMERALD RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ANY PRODUCTS OR SERVICES DESCRIPTIONS LISTED ON THE SITE, INCLUDING ANY PRICES FOR SUCH PRODUCTS OR SERVICES.
THIRD PARTY WEBSITES
Emerald makes no representations whatsoever about any other web sites that may be accessed through the Site. When you access a non-Emerald web site through the Site, please understand that it is independent from Emerald, and that Emerald has no control over the content on that web site. In addition, a link to a non-Emerald Web site does not mean that Emerald endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
LINKS TO THIS WEBSITE
Emerald welcomes links to the Site. You may establish a hypertext link to the Site, provided that the link directs to the full version of the Site and does not state or imply any sponsorship or endorsement of your site by Emerald. You are not permitted to link directly to any image or content hosted on the Site or our services, such as using an “in-line” linking method to cause the image or content hosted by us to be displayed on another website. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Emerald site, including, but not limited to, any logos or characters, without the prior expressed written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on the Emerald site without the prior expressed written consent of Emerald.
DISCLAIMER OF WARRANTIES
Emerald, its affiliates and each of their directors, officers, employees and authorized representatives DO NOT WARRANT THAT THE SITE IS ERROR-FREE OR THAT THE SITE WILL BE PROVIDED. MATERIALS FOUND WITHIN THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS. ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Emerald, its affiliates and each of their directors, officers, employees and authorized representatives DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Emerald, its affiliates and each of their directors, officers, employees and authorized representatives MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. Some jurisdictions do not allow the disclaimer of implied warranties, so these limitations may not apply; however, they SHALL apply to the greatest extent permitted by law.
Emerald, its affiliates and each of their directors, officers, employees and authorized representatives WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (SUCH DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST DATA, AND/OR COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES) HOWEVER ARISING, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE that Emerald, its affiliates and each of their directors, officers, employees and authorized representatives SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIM BROUGHT AGAINST YOU BY A THIRD PARTY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IF ANY OF Emerald, its affiliates and their Respective directors, officers, employees and authorized representatives is RESPONSIBLE FOR ANY DAMAGES, THE MAXIMUM AMOUNT YOU MAY RECOVER FOR ANY AND ALL CLAIMS RELATING TO THIS YOUR USE OF THE SITE SHALL NOT EXCEED TWO HUNDRED DOLLARS ($200). Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so these exclusions may not apply; however, they shall apply to the greatest extent permitted by law.
Nothing on the Site constitutes an offer to sell or solicitation to buy securities. No failure or delay by Emerald in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder by Emerald preclude further exercise. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended nor created by these Terms and Conditions.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Emerald, its subsidiaries and other affiliated companies, their respective officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by you.
REGISTRATION
To access some of the services the Site has to offer, you may be asked to provide registration details. It is a condition of use of the Site that all the details you provide be correct, current and complete. To the extent that an individual account is established, it will be your responsibility to maintain the confidentiality of such information, including any username or password information.
You also agree that Emerald may, in its sole discretion and without prior notice to you, terminate your access to the Site and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms and Conditions or Emerald’s Privacy Policy, (5) suspected or actual copyright infringement, (6) unexpected operational difficulties, or (7) requests by law enforcement or other government agencies. You agree that Emerald will not be liable to you or to any third party for termination of your access to the Site.
We will assume (and by using the Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms and Conditions (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
JURISDICTIONAL ISSUES
These Terms and Conditions shall be governed by, and construed and enforced in accordance with, the laws of the State of Tennessee, as such laws are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Emerald may bring to enforce these Terms and Conditions or, in connection with, any matters related to this Web Site shall be brought only in either the state or Federal Courts located in Hamilton County, Tennessee, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Except to the extent that you and Emerald have entered into a written agreement regarding the provision of services (including but not limited to transportation services, logistics services, warehouse services or any other services), these Terms and Conditions are the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing signed by a duly authorized officer of Emerald.
PRIVACY
Your privacy is important to us. We provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used on the Site. Our Privacy Policy is displayed on the Site, and it is hereby incorporated in and forms a part of these Terms and Conditions.
CONTACT US
Please address any questions or comments about these Terms and Conditions via our Contact Form or to:
Email: info@emerald-sg.com
Address:
1110 Market St, Suite 204
Chattanooga, TN 37402, USA