1.  Right to Make Changes 

These Terms and/or any other agreement may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised Terms have been posted on the Site (or otherwise made available to you). User’s continued use of the Site, the Content or Services provided by Emergence Audio, constitutes agreement with and acceptance of any such amendment or other changes.

2.  Links Away from Our Site 

Our Site contains links to other websites and services provided by third parties. Emergence Audio has no control over the contents of those websites or services and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Site, you do so entirely at your own risk and subject to the Terms of Use and conditions of use for such websites. 

3.  Links to Our Site

Any other website may link to the Site, provided it does not imply any endorsement of its products or services by Emergence Audio, does not misrepresent its relationship with or present false information about Emergence Audio, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Please note, however, that Emergence Audio reserves the right to withdraw such permission at any time (generally or in relation to specific site(s) as applicable in each case) and to take any other appropriate action.

4.  Acceptable Use 

We set out to create a positive and useful user experience. In keeping with that nature, when using our Site and its features and functions you may not:

– use the Site in any manner that could disable, alter, overburden, damage or   otherwise interfere with the Site or Content, including, but not limited to, transmitting any worms, viruses, spyware, malware, or any other code of a destructive, malicious or disruptive nature;

– attempt to decipher, decompile, disassemble, or reverse-engineer, any of the software or underlying code used to provide the Site or the Content herein; or

– advocate, encourage or assist any third party in doing any of the foregoing

If you interfere, in any way, you agree to pay all damages incurred by Emergence Audio. Users that do not adhere to our Terms of Use may also be restricted from interacting with Emergence Audio. We reserve the right to remove or “ban” users that fail to follow our acceptable use policies and to take any action, applicable by law and deemed appropriate, following violation of these Terms.

5.  Refund Policy

Due to the nature of downloadable products and online services, no refunds are available for Products that have already been downloaded or have serial numbers. You may request a refund within 14 days of your purchase provided that you haven’t yet downloaded your product or have been provided a serial number. Any refund inquiries can be made by contacting us here.

6. Products and Payments

You agree to take all reasonable steps to protect the Product(s) you purchase and accompanying documentation from unauthorized copying or use. This includes protecting your devices and networks from unauthorized access (and you shall be deemed responsible for any third party use of your personal devices and networks). You agree not to modify any Product(s) or to otherwise circumvent any method or means adopted or implemented by Emergence Audio to protect against or discourage the unlicensed use of copying of the Product(s).

We accept payments by credit or debit card using Visa, MasterCard, American Express or PayPal. Once you complete your purchase, if accepted, you’ll have access to an instant download via your order confirmation, as well as a confirmation email containing your download link to the Product. You agree to provide current, complete and accurate purchase and account information for all purchases made. 

7.  Copyright and Intellectual Property

We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Site for lawful purposes in accordance with these Terms and our Privacy Policy. You agree Emergence Audio owns and retains all relevant intellectual property rights in the Site and the Content. The brands, products and service names used in the Site and the Content (including without limitation, “Emergence” and “Emergence Audio”) are protected by  trademark, copyright and other intellectual property laws. Unless we give you permission to do so, you may not reproduce, publish, distribute, extract, or modify any part of the Site or the Content, in any form.

8.  Governing Law

These Terms are governed by the laws of the United States of America and the laws of the State of New Jersey.

9.  Force Majeure 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that are caused by events outside our reasonable control.

10.  Waiver and Severability

If any part, term, or provision of the Terms of Use is held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, such provision will be eliminated or limited to the minimum extent and the remaining portions or provisions will continue in full force and effect.

11.  Warranty Disclaimer and Limitation of Liability

To the fullest extent permitted by applicable law, emergence audio offers the site and the content on an “as is” and “as available” basis and makes no representations or warranties of any kind concerning the site, express, implied statutory or otherwise including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement.

Emergence Audio does not represent or warrant that the site or content will be uninterrupted or error-free, up to date or that defects will be corrected including, without limitation, viruses or other harmful elements. The use of the services is at your own risk and you agree to be solely responsible for any damage to your computer device or system or loss of data that results from such activities.  

Except to the extent required by applicable law and then only to that extent, in no event will Emergence Audio be liable to you on any legal theory for any special, direct, indirect, consequential or incidental damages whatsoever (including, without limitation, loss of revenue or income, loss of data or other information or business interruption) or any causes of action arising out of or relating to this Agreement, whether arising in tort, contract or otherwise, even if Emergence Audio has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12.  Indemnity

You agree to indemnify and hold harmless Emergence Audio from and against any and all loss, expenses, damages and costs that may be incurred including, without limitation, any legal fees resulting, whether directly or indirectly, from your violation of these Terms of Use.

13.  Termination

Emergence Audio reserves the right to modify or terminate the Site for any reason, without notice, at any time and without liability to you. User agrees that we may refuse, terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

14.  Contact

If you have any questions, please contact us at support@emergenceaudio.com