emerge

Welcome to Emerge.com ("Emerge"). Emerge provides their services to you subject to the following conditions. By visiting the Emerge Web site you accept these conditions. Please read them carefully and if you have any questions feel free to contact us at info@emerge.com.

Privacy

Please review our Privacy Policy, which also governs your visit to Emerge, to understand our practices.

Emerge is only a matching service

Our Web site acts as an exchange for sellers to list their businesses for sale, for buyers to post profiles indicating purchase criteria, and for sellers and buyers to communicate interest to each other. Listing a business for sale, posting a buyer profile, and seller and buyer contacts are not deemed to be an offer to sell or a solicitation of an offer to buy securities. We are not involved in and provide no advisory services in connection with any transaction between sellers and buyers. We do not control whether a seller will complete the sale of the business(es) listed, or whether buyers will complete the purchase of a business listing they contact. Furthermore, we do not make any representations or assurances with respect to the quality, truth, completeness, or accuracy of the information posted in seller listings, buyer profiles and seller and buyer communications. Because user authentication on the Internet is difficult, Emerge cannot and does not confirm that each user is who he claims to be.

Eligibility

Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Emerge may refuse our services (such as, but not limited to listing a business for sale, posting a buyer profile and, contact systems) to anyone at any time, in our sole discretion.

Information

Information provided to us or other users is solely your responsibility, and we act as a passive conduit for your on-line distribution and publication of this information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our Internet Service Providers ("ISP"), suppliers, or other partners. Accordingly, we reserve the right to edit, restrict or remove any content you provide for any reason at any time.

Information provided us: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including, without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information under this Agreement, and (g) shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement.

If you do post content or submit material, and unless we indicate otherwise, you grant Emerge a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Emerge and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Emerge for all claims resulting from content you supply. Emerge has the right but not the obligation to monitor and edit or remove any activity or content. Emerge takes no responsibility and assumes no liability for any content posted by you or any third party. Emerge will only use such content or material in accordance with their Privacy Policy

For legal reasons, we cannot nor do we try to control the information provided by other users, which is made available through our system. By its very nature, other user's information may be inaccurate, and in some cases will be mislabeled or deceptively labeled. Furthermore, there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. We encourage you to use caution -- and common sense -- when using our Web site.

Copyright

All content included on this Web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Emerge or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Web site is the exclusive property of Emerge and protected by U.S. federal, state and international copyright laws and do not constitute material in the public domain. All software used on this Web site is the property of Emerge or its software suppliers and protected by U.S. federal, state and international copyright laws.

Copyright policy

Emerge values the copyrighted and trademarked materials it owns and that are owned by others. Emerge therefore reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by others. Emerge may immediately terminate your use of, or access to, the Web site at any time it decides that you have breached this agreement, any relevant law, rule or regulation or you have infringed or appear to have infringed the intellectual property rights of others. If you believe that any material contained in this Web site infringes your copyright, you should notify Emerge of the alleged copyright infringement claim in accordance with the following procedure.

Emerge will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act and other applicable intellectual property laws. Please send any notification of claimed copyright infringement to info@emerge.com. To be effective, the notification must be in writing and include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for Emerge to locate the material; contact information of the notifying party, such as address, telephone number and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.

Trademarks

"Emerge" is a servicemark of Soko Technology Ventures. All trademarks and other Emerge graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Emerge. Emerge's trademarks and trade dress may not be used in connection with any product or service that is not Emerge's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Emerge. All other trademarks not owned by Emerge that appear on this Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Emerge.

License and web site access

Emerge grants you a limited license to access and make personal use of this Web site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Emerge. This license does not include any resale or commercial use of this Web site or its contents; any collection and use of any seller listings, buyer profiles, descriptions, or prices; any derivative use of this Web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Web site or any portion of this Web site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Emerge. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Emerge without express written consent. You may not use any meta tags or any other "hidden text" utilizing Emerge's name or trademarks without the express written consent of Emerge. Any unauthorized use terminates the permission or license granted by Emerge. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Emerge so long as the link does not portray Emerge or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Emerge logo or other proprietary graphic or trademark as part of the link without express written permission.

Links to other Internet addresses

Parties other than Emerge provide services, or sell product lines on this Web site. In addition, we provide links to the Web sites of certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Emerge does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy policies and other conditions of use.

Disclaimer of warranties and limitation of liability

THIS WEB SITE IS PROVIDED BY EMERGE ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMERGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EMERGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMERGE DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM EMERGE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMERGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS ARE APPLICABLE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

In the event that you have a dispute with one or more users, you release Emerge (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Applicable law

By visiting Emerge's Web site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Emerge.

Arbitration

Any dispute relating in any way to your visit to Emerge or to goods and services you purchase through Emerge shall be submitted to confidential arbitration in Orange County, California, except that, to the extent you have in any manner violated or threatened to violate Emerge's intellectual property rights, Emerge may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Use of Web site and breaches

This Web site or any portion of this Web site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Emerge. Emerge and its affiliates reserve the right to refuse service, terminate relationships, and/or delete seller listings, buyer profiles, communications, in their discretion, including, without limitation, if Emerge believes that user's conduct violates applicable law or is harmful to the interests of Emerge.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such 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 Conditions of Use set forth the entire understanding and agreement between us with respect to the subject matter therein.

Web site policies, modification, and severability

We reserve the right to make changes to our Web site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our address

Soko Technology Ventures, 1560 Galen Dr. #A, Laguna Beach, CA 92651