Welcome to www.enginemediaexchange.com, operated by EMX Digital, LLC and its affiliates (“EMX”).
1. By using this site (the “Site”), you agree to be bound by, and to comply with, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this site.
3. This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under EMX’s control, and EMX is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
4. THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. EMX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS ON THE SITE OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
5. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EMX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY EMX SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.
6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7. Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of EMX and its affiliates, licensors, and service providers. You agree not to:
8. By using the Site you agree to indemnify and hold harmless EMX from any and all claims and expenses, including (without limitation) attorney’s fees, arising from: (i) your use of the Site, (ii) your use of the products and services offered on the site, (iii) your submission of ideas and/or related materials to EMX, or (iv) any person’s use of any ID, membership or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.
9. This Site is controlled, operated and administered by EMX, from its offices in New York. EMX makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
11. Choice of Law; Limitation of Actions; Severability; Non-Waiver and Merger. These Terms and Conditions will be governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York; waive the need for personal service of process; and agree that service may be effected by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt. You agree that any claim against us must be filed within one (1) year of the time such claim arises, regardless of any law to the contrary; otherwise your claim will be barred forever. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and shall not be considered in the interpretation of the meaning of any section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between EMX’s representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer’s documents or purchase orders.
12. No Joint Venture; No Derogation of Rights. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EMX as a result of these Terms and Conditions or your use of the Site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
Last updated: May 4, 2018