Terms of Service

EmergeNET-Terms of Use

I. Agreement to Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE.

These Terms of Use (“Terms of Use) apply to EmergeNET LLC, dba Emerge (“Emerge”, “we”, “us”, or “our”) and the Emerge website located at https://emergenet.com and all associated sites linked to these Terms of Use by Emerge and its subsidiaries and affiliates (collectively, the “Site”) as well as iOS and Android mobile applications (“Apps”). Processing by other affiliated entities or third parties may be governed by separate terms of use, and we recommend that you review the terms of use of those websites or Apps. This Site and Apps which enable access to our platform are intended for users in the United States, specifically within the states of Michigan and Ohio, and are not intended for users in other locations.

If you do not agree with any of these Terms of Use, do not use the Site or any of the Apps. Emerge and its affiliates may update these Terms of Use from time to time with or without notice to you. Your continued use of the Site indicates your acceptance of any modifications to these Terms of Use.

II. Eligibility

By using this Site or any Apps, you are hereby verifying that you are either at least thirteen (13) years of age and have obtained your parents’ full consent, or if you are eighteen (18) or older, you have full legal authority. It is our policy not to knowingly collect personal information from individuals under the age of thirteen and therefore we do not knowingly distribute such information to third parties or otherwise process such information. Our platform is not directed to individuals under the age of fourteen, and we request that these individuals do not provide any personal information through our platform. If you are a parent/guardian and you suspect that your child may have submitted personal information to us, please contact us as described below. If we become aware that a child has provided us with personal information, we will strive to delete such information from our files as soon as possible.

These Terms of Use apply to the online and offline practices regarding the processing of personal information of all users, including secondary school students, teachers, schools, post-secondary students, teachers, schools, private companies, customers and visitors carried out by Emerge as the data controller, including on the www.emergenet.com website and other related websites that we have linked to this Site and any Apps.

III. Restrictions on Use

You may use this Site and the Content solely for informational, non-commercial, personal purposes. You may not use the Site or the Content for any purpose not expressly permitted in these Terms of Use. You may not co-brand, frame or mirror the Site or any Content.

Furthermore, you may not (1) attempt to gain unauthorized access to any portion or feature of the Site, any Apps or any Content or any other systems or networks connected to our platform, to any of our servers, or to any of the services offered on or through us through any means, (2) probe, scan or test the vulnerability of our platform, (3) breach the security or authentication measures on our Site and/or the Apps, (4) attempt to access any information of any other user of our platform or any other customer of Emerge, (5) use any device, software or routine to interfere or attempt to interfere with the proper working of our Site or the Apps or with any other person’s use of the Site or the Apps, (6) use our platform or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or (7) solicit the performance of any illegal activity or other activity which infringes the rights of Emerge or others.

IV. Accounts, Passwords, and Security

Before you use our Site or any Apps, you will either be required to register and set up an account using your email, or to use credentials provided by the schools, private companies, or governmental entity with which you have registered. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including secure access to your email. You are responsible for all activity that occurs under your account by others if you fail to keep this information secure and confidential. You agree to notify Emerge immediately of any unauthorized use of your account or password, or any other breach of security.

You may not use anyone else’s email or account at any time without the express permission and consent of the holder of that email or account and the express consent of the schools, private companies, or governmental entity with which you have registered. Emerge cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

V. Disclaimer of Warranties

By its nature, the Site or the Apps may contain errors, bugs, and other problems that could cause system failure, and the underlying features may not yet be complete. There is no guarantee of the continuing functionality of such features. Because the Site and the Apps are subject to change, Emerge reserves the right to alter the Site at any time, and any reliance on the Apps is at your own risk. YOU ACCEPT THE SITE AND THE APPS “AS IS.” EMERGE MAKES NO WARRANTY OF ANY KIND REGARDING THE SITE OR THE APPS AND. EMERGE HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES FOR THE USE OF THE SITE OR THE APPS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS.

The Apps may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our users. Such Linked Sites are not under Emerge’s control and Emerge is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. We operate social media pages on third party networks and have social media icons on our website. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers. Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.

VI. Exclusion of Damages

IN NO EVENT SHALL EMERGE BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, NEGLIGENCE STRICT LIABILITY OR OTHER THEORY, FOR ANY GENERAL INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR USE OF THE SITE OR THE APPS, THE SUBJECT MATTER OF THESE TERMS OF USE AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BY USING THE SITE OR THE APPS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. The foregoing limitations apply even if any of the events or circumstances giving rise to such damages were foreseeable and even if Emerge was advised of or should have known of the possibility of such losses or damages.

VII. Limitation of Liability

Use of the Site and Content is at your own risk. In using this Site, you understand that you are releasing Emerge and all their officers, employees, agents, owners, affiliates and subsidiaries, whether direct or indirect (hereafter “Released Parties”) from any and all liability for any direct, indirect, exemplary, consequential or punitive damages which arise out of or are in any way connected with your access to or use of this Site, the Content, or any website linked to the Site. You agree that this waiver of all liability includes, but is not limited to, any damages due to computer viruses that may enter your computer equipment due to accessing or downloading information from the Site, loss of information or data, damages arising out of service interruptions, negligence or any other cause of action relating to your access, use or inability to access or use the Site, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER¬WISE, EVEN IF EMERGE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

If, notwithstanding the other provisions of these Terms of Use, Emerge is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, any Content, or any linked website, Emerge’s liability shall in no event exceed the greater of (1) the total of any fees paid by you with respect to any service or feature of the Site in the six months prior to the date of the initial claim made against Emerge (but not including the purchase price or license fee for any Emerge services or products), or (2) US$100.00. If you live in a jurisdiction that does not allow certain limitations of liability, Emerge’s liability will be limited to the fullest extent permitted by applicable law.

You agree to indemnify and hold the Released Parties harmless from and against any demand, loss, liability, claim or expense (including attorneys’ fees), made against them by any third party which arises out of or is in any way connected with your use of the Site, the Content, or any linked website. You expressly waive and renounce all your rights of whatever nature that you may have against Emerge for any loss suffered by you as a result of your use of the Site, the Content, or any linked website.

VIII. Proprietary and Copyright Protected Information

All material and content accessible on the Site, including without limitation (a) text, images, photographs, graphics, sounds, artwork, reports, research, guidelines, information, data, articles, descriptions, instructions, advice, documents, and other works of authorship, (b) technology, designs, methods, ideas, concepts, know-how, techniques, and (c) software, computer code, architecture, hidden text and symbols, user interfaces, look and feel, visual interfaces, layout, design, arrangements, structure, selection, coordination, and expression (collectively the “Content”) is the proprietary information of Emerge and its licensors, and Emerge and its licensors retain all right, title, and interest in and to the Content now and in the future. This Site, including all Content, is protected by trade secret, copyright, patent and trademark laws, and various other U.S. and international laws and treaties.

You agree to comply with all applicable laws worldwide in your use of this Site, and agree that the Site and Content may not be copied, distributed, republished, altered, uploaded, posted, publicly displayed, encoded, translated, or transmitted in any way, in whole or in part, without the prior written consent of Emerge. If Emerge grants written consent, you may not remove or alter any copyright, trademark or other proprietary notice appearing on any of the Content.

You may not use any deep-link, page-scrape, robot, spider or other device, program, algorithm or methodology, or any similar process, to access or copy any portion of the Site or Content. No intellectual property rights are transferred to you by access to the Site or otherwise.

IX. Trademarks

The trademarks, service marks, and logos appearing in this Site are the property of Emerge or its licensors. Emerge and its licensors retain all rights with respect thereto. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark or logo displayed on the Site, and you may not use any metatags / meta elements or other hidden text or code utilizing any such marks.

X. Third Party Content

Any opinions, advice, statements, services, offers, event details or other information or content expressed or made available through this Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Emerge. Emerge neither endorses nor is responsible for the accuracy or reliability of any such opinion, advice, information, or statement made on this Site.

XI. Privacy and Data Security

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. Emerge’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view the Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

XII. Submissions

You grant to Emerge the royalty-free, perpetual, irrevocable, worldwide, and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, materials, data, remarks, suggestions, ideas, or other information communicated to Emerge through or about this Site (collectively, the “Submission”), or any portion thereof, and to incorporate any Submission in other works, in any form, media, or technology now known or later developed. Emerge will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products/services or advertising) without incurring any liability or obligation for payment, royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Emerge products, services, advertising, or operations.

XIII. Local Restrictions

The Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All users accessing the Site do so on their own initiative and are responsible for compliance with applicable laws and regulations. The Site is not directed to any person in any jurisdiction where the publication or availability of the Site is prohibited, by reason of that person’s nationality, residence, age, or otherwise. Persons under these restrictions must not access the Site.

XIV. User Conduct

While using the Site or any Apps you agree not to violate any applicable law or regulation, or access, tamper with, or use nonpublic areas of the Site or Emerge computer systems. You may not compromise Site security or tamper with Site accounts. The use of tools designed for hacking or compromising security (e.g., password-guessing programs, cracking tools or network probing tools) is strictly prohibited.

You may not probe, scan or test the vulnerability of the Site, nor breach security or authentication measures on the Site. You may not reverse look-up or trace any information on any other user of or visitor to the Site, or any customer of Emerge, or disclose any information about any such visitor or customer.

If you violate system security, Emerge reserves all rights available in criminal and civil law, as well as the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Emerge reserves the right to investigate suspected violations of these Terms of Use by any lawful means.

Emerge reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone violating the law or these Terms of Use.

By accepting these Terms of Use you waive and hold harmless Emerge from any claims resulting from any action taken by Emerge during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Emerge or law enforcement authorities.

XV. Designated Agent For Notice of Infringement Claims

Emerge respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Emerge’s Agent for Notice listed below with the following information in a written notice:

A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Emerge Site, with enough detail that we may find it on the Site;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Emerge’s designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

EmergeNET LLC, dba Emerge

Attn: Emerge Agent

512 N. Main Street, Suite 100

Royal Oak, Michigan 48067,

Email: support@emergenet.com

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

XVI. Dispute Resolution

You agree that all matters relating to your access to or use of the Site or the Apps, including all disputes, will be governed by the laws of the United States and by the laws of the state of Michigan, excluding its conflicts of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH EMERGE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms of Use and the use of the Services (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s). The location of the arbitration shall be in Detroit, Michigan, To the extent that any lawsuit or court proceeding is permitted under these Terms of Use, or for any other reason, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Detroit, Michigan for the purpose of litigating all such disputes. You also waive your rights to a jury trial. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

XVII. Miscellaneous Provisions

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Emerge to enforce any provision in these Terms of Use shall not constitute a waiver of such provision.

The Terms of Use and the other policies stated on the Site, comprise the entire agreement between you and Emerge regarding the subject matter and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. You have relied upon no representation or statement contradicting these Terms of Use in agreeing to access this Site, unless in writing and signed by a duly authorized agent of Emerge.

This Site is controlled by Emerge from its offices within the United States of America. Emerge makes no representation that the Site is appropriate or available for use at locations outside of the United States and access to it from territories where its Content is illegal is prohibited.

You agree to be bound by any affirmation, assent or agreement you transmit by computer or other electronic device. You agree that, when you use our Site or any App, or click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. By using this Site or any Apps, you are hereby verifying that you are either at least thirteen (13) years of age and have obtained your parents’ full consent, or if you are eighteen (18) or older, you have full legal authority. Regardless of any electronic signature, you agree that use of this Site and the Content is subject to the Terms of Use and that you are bound by the Terms of Use.

You agree to all of the above terms and conditions, and you agree to hold harmless Released Parties from any and all claims resulting from your access and use of this Site and the products or services featured in it. By entering this Site, you verify that you have read and understand all these terms and conditions without reservation.

XVIII. Canada

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

XIX. Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

XX. Questions and Contact Information

Please contact us if you have any questions about our Terms of Use. You may contact us by sending correspondence to the foregoing address or by emailing us

EmergeNET LLC, dba Emerge

Attn: Emerge Agent

512 N. Main Street, Suite 100

Royal Oak, Michigan 48067,

Email: support@emergenet.com

These Terms of Use were last updated December___, 2024.