Welcome to Emery Leach, LLC!
These Terms govern your use of the Emery Leach, LLC Membervault platform and the products, features, technologies, and software that we offer, except where we state that separate terms (and not these) apply.
By accessing the website https://emeryleachllc.vipmembervault.com, (hereinafter “Site” or “Website”) submitting information to us or using the Service constitutes your acceptance and agreement to the terms of this Agreement. If you do not agree to these Terms, you must not submit information to or register an account with us, access the Site, or use the information provided on this Site.
Informational Purposes Only
You acknowledge that the use of this Site is voluntary and that you have the opportunity to engage for one-on-one legal representation with an attorney. You further acknowledge that the worksheets, documents, videos, courses, and other information are purely informational and are in no way intended to be used, received, or implemented as legal advice. The information provided here is purely education and informational.
Legal advice is only provided in a one-on-one setting. Under no circumstances will the Company, its owners, employees, attorneys, paralegals, or other agents provide legal advice outside of the confines of a one-on-one representation in which you have signed an “Agreement for Services.” These services are not provided on this Site or Platform.
Eligibility and Authority
You must be at least 18 years of age to access and use our Site, services, and products. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on behalf of the person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the person or entity violates the Terms.
Under no circumstances is the use of this Site or our Service permitted by a person under the age of 13.
New Jersey or Pennsylvania Only
You represent that you are a resident of New Jersey or Pennsylvania, or that you are seeking information regarding the laws of the State of New Jersey or the Commonwealth of Pennsylvania.
Under no circumstances is the use, application, or access to this Site or these Services permitted by residents of other States, Districts, Territories, or Countries where there is no relation to the laws of the above-mentioned states. Under no circumstances does Emery Leach, LLC or this Site seek to provide products or services to individuals or entities outside of the jurisdictional boundaries of New Jersey or Pennsylvania.
To provide these services, we must collect and use your personal data. The information that we collect depends on how your use the products and services provided on our Site.
Collection of “Engagement Points”
By using and accessing the services and products on this Site, you will earn “EP,” or “Engagement Points.” EP is determined by a MemberVault algorithm and enables the Company to determine how engaged our users are with the information, products, and services that we provide.
As a user, you can see how much “EP” you have earned by looking at the header bar. You’ll see your total EP in lime green and, when you click on the lime green box, a drop down will show you your EP broken down by piece of content.
The Company used the EP to track engagement and to reward our most engaged users by allowing them to unlock free products and services on our Site. Under no circumstances does this mean that the Company or Site will always have a free product or service to be unlocked through engagement or achievement of a certain number of EP.
How do you earn EP?
EP is earned one point at a time based on certain actions. Here are the events that earn you 1 EP:
- Viewing a Lesson (can be repeated once a day)
- Marking a Lesson as complete
- Completing all lessons in a module
- Completing all lessons in a piece of content
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS OWNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICES. ADDITIONALLY, EMERY LEACH, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF EMERY LEACH, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL EMERY LEACH, LLC, ITS OWNERS, AGENTS, OR EMPLOYEES ACCUMULATE CUMULATIVE LIABILITY TO EXCEED $100.
Disclaimer and Warranties
The Company makes no representation or warranty that the Service or information provided, regardless of its source, are accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the Service. The Service and any third-party software are provided “as-is,” with no warranties whatsoever. The Company and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights and any warranties regarding the security, reliability, timeliness, and performance of the software or service and such third-party software or services.
Intellectual Property Rights
All logos, domain names, website content and other intellectual property are the exclusive property of the Company. You will not copy, imitate, modify, alter, amend or use any of the intellectual property without our prior written consent. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the User, nor grant any right or license other than those stated in this Agreement.
You agree that any and all content You upload and/or transmit through the Service is lawfully owned by You. You agree that You own the copyright or have the proper permissions for all content and images You upload and/or transmit through the Service. Our Company will not be held liable for any copyright claims against your content. If you believe that material available on our Site infringes on your copyright(s), please notify us by submitting a Digital Millennium Copyright Act DMCA notice. After we receive a valid and complete notice, we will investigate, remove the material, and make a good faith attempt to contact the user who uploaded the material, via email.
Release of Claims
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or Service. You hereby release the Company from any and all claims including those related to personal or business interruptions, malpractice claims, misapplication or information, or any other loss, condition, or issue.
Governing Laws and Dispute Resolution
These Terms (and any further rules, policies, or guidelines incorporated by reference therein shall be governed by and construed in accordance with the laws of the State of New Jersey, without reference to the conflicts of laws. Show any provision of this Agreement be or become invalid, illegal, or unenforceable under the applicable laws, the other provisions of this Agreement shall remain in force.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
Third Party Resources
The Site and/or Service may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable or otherwise transferable by You. Any transfer, assignment or delegation by you is invalid.
Entire Agreement; Waiver; Headings
This Agreement constitutes the entire agreement between you and the Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.