Terms & Conditions
By Purchasing Digital Media From
EMSSuccess.com.com or its Subsidiaries You
Agree to the following Terms and Conditions
AGREEMENT BETWEEN USER AND EMSSuccess.com
The EMSSuccess.com Web Site is comprised of various Web pages operated by EMSSuccess.com. The EMSSuccess.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the EMSSuccess.com Web Site and any media downloaded, purchased or otherwise obtained from EMSSuccess.com constitutes your agreement to all such terms, conditions, and notices.
EMSSuccess.com reserves the right to change the terms, conditions, and notices under which the EMSSuccess.com Web Site is offered, including but not limited to the charges associated with the use of the EMSSuccess.com Web Site.
LINKS TO THIRD PARTY SITES
The EMSSuccess.com Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of EMSSuccess.com and EMSSuccess.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EMSSuccess.com is not responsible for webcasting or any other form of transmission received from any Linked Site. EMSSuccess.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EMSSuccess.com of the site or any association with its operators.
All rights, including copyright, in the content of the web pages contained within the EMSSuccess.com domain are owned by EMSSuccess.com. In accessing any webpage that form part of this website, you agree that any material purchased, downloaded or otherwise obtained from EMSSuccess.com shall be limited to your own personal non-commercial use. You are not permitted to copy, upload, download, store (in any medium), transmit, broadcast, show or play in public, or change in any way the contents of the material for any other purpose whatsoever without the prior written permission of EMSSuccess.com or where material is provided specifically for the such purposes. Any material expressly provided free of charge may be distributed freely, however this material may not be modified in any way and you may not distribute any of this material in a commercial manner. Copyright of links to material, or material that is not owned by EMSSuccess.com remains the Copyright of their respective owner(s).
LINKS AND SEARCH RESULTS The EMSSuccess.com website may provide, or third parties may provide, search results or links to other World Wide Web sites or resources. Because EMSSuccess.com has no control over such sites and resources, you acknowledge and agree that EMSSuccess.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
The EMSSuccess.com website and any material purchased, downloaded or otherwise obtained from EMSSuccess.com is provided ‘as is’ and shall be used at your own risk. EMSSuccess.com or any agent working on the behalf of EMSSuccess.com, expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement of proprietary rights. Any material purchased, downloaded or otherwise obtained through the use of the EMSSuccess.com website is done so at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the use of any such material.
DIGITAL MEDIA USE LICENSE – APPLIES TO ALL DIGITAL MEDIA DOWNLOADED, PURCHASED OR OTHERWISE OBTAINED FROM EMSSUCCESS.COM
The digital media you have purchased or downloaded, or intend to purchase or download, is the sole copyright of EMSSuccess.com. The license fee that you have paid / will pay (which was / will be included within the total price you have paid / will pay) to obtain this digital media, grants you a non-exclusive, limited right to use this media for personal or non-commercial purposes. You may not use or broadcast this media in ANY commercial manner, or in any manner that results in a fee being paid to you. For backup purposes, you are permitted to store ONE (1) backup copy of the media. You may hold no more than TWO (2) copies of this media at any time (including the original) in any format, unless additional license fees have been paid. Backup copies include any copies of this media stored on any computer, hard disk, removable disk, or any type of magnetic or optical storage device. Distribution and re-distribution is strictly prohibited, this media may NOT be stored or made available for download on any website, or other publicly accessible resource. You are permitted to store a copy of this media on any network storage device for backup purposes only. Where media is stored on a network storage device, it must not be publicly accessible, e.g. corporate, academic, etc.; and must be used for personal (home or non-commercial) purposes only.
THIS LICENSE IS NOT TRANSFERRABLE
Under no circumstances shall your license to use material obtained or otherwise owned by EMSSuccess.com be transferred to any other person or legal entity without express written consent. Your license has been granted to you, the purchaser, and you solely.
RIGHT OF REFUSAL
In an effort to protect EMSSuccess.com and its property, EMSSuccess.com reserves the right to refuse sale or distribution of its product(s) to any individual or legal entity for any reason.
By downloading, purchasing or otherwise obtaining material owned by EMSSuccess.com you accept these terms and conditions. The terms and conditions are subject to change at any time, and it is your responsibility to check these terms and conditions regularly before ordering additional products, in case there are any changes.
All orders are subject to acceptance and product availability. EMSSuccess.com aims to ensure that the pricing of products listed on EMSSuccess.com are correct at all times, however, the web pages may not accurately reflect the correct details at the moment at which you place your order. EMSSuccess.com cannot confirm the price of a product until your order is accepted. EMSSuccess.com reserves the right to change prices without prior notice.
Although product will only be listed for sale on our site when product is available, EMSSuccess.com shall not be responsible for any delay in your receipt of said product. . All items are either usually shipped within 48 hours of your order, however delays may occur. If EMSSuccess.com has insufficient stock to deliver the goods you have ordered, EMSSuccess.com reserves the right to cancel all or part of your order and refund any payment that has been made in respect of a product or order. EMSSuccess.com will inform you of any such action by e-mail at the address given in your order. Any refunds will be processed within 48 hours of such notification.
YOUR UNDERTAKINGS AND WARRANTIES You warrant that the information given on your order form is complete and accurate.
A legally binding contract between EMSSuccess.com and you will be formed when we receive fund for your order. If we subsequently confirm to you that some product(s) are not available, and process a refund of payment in respect of any such product(s), those product(s) that have not been shipped will not form part of our contract with you. In the event of any change e.g. in price or expected delivery date, we shall inform you via email and you shall at that point have the right to either (i) accept such change or (ii) reject such change (in which case your email reply will represent a withdrawal of your order, or the relevant part of your order as the case may be).
All sales are processed by our payment partner PayPal, however opening a PayPal account is now optional, not required. You may pay by any accepted Credit/Debit card, by PayPal account credit, or by Check. Upon checkout, you will be transferred to PayPal’s 100% secure checkout area. All personal / financial details are processed using 128-bit SSL encryption. Your financial details are not shared with us. Shipping and handling charges will be included in your purchase price. All purchases are charged in US Dollars. All credit and charge card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, your order will not be accepted and EMSSuccess.com will not be liable for any delay or non-delivery. All check orders will be processed manually, and your order will not be confirmed until receipt of cleared funds.
RETURNS AND OUR GUARANTEE
In the general sense, all sales are final and refunds will not be provided with the exception of those that meet our Money Back Guarantee outlined on our FAQ page. Please feel free to contact us if you feel your circumstance warrants refund consideration.
LIMITATION OF LIABILITY
Although we take every care to ensure accuracy, we make no warranties as to the accuracy of the information provided on our site or in any media purchased, downloaded or otherwise obtained from EMSSuccess.com. EMSSuccess.com, its owners, partners and/or subsidiaries shall not be liable for the death or personal injury resulting from the use of any media owned by EMSSeccess.com. The extent of our liability to you for any breach of these terms and conditions shall be limited to the value of the goods ordered by you in the relevant transaction.
SECURE ONLINE ORDERING
EMSSuccess.com places great importance on maintaining the security of the information that you provide and for this reason we use advanced Internet security systems to safeguard your data. In addition, our payment partner PayPal is protected by SSL (secure socket layer) technology, ensuring all data you send through, including your credit/debit card number, name and address, is encrypted and converted into code before it is securely transmitted over the internet.
INVALIDITY OF TERMS AND CONDITIONS
If for any reason part of these terms and conditions is unenforceable, the validity of the remaining terms and conditions shall not be affected.
GOVERNING LAW JURISDICTION AND DISPUTE RESOLUTION
You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of Texas, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Texas, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto.
You further agree that the United Nations Convention on the International Sale of Goods will not apply to this Agreement. You agree that any unauthorized use of the Site, the Products or any related software or materials, or any Third Party Applications, would result in irreparable injury to us, our Affiliates or our Owners, for which money damages would be inadequate, and in such event we, our Affiliates or our Owners, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that we, our Affiliates or our Owners may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.