Terms of Service
Version: May, 1, 2015
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Ember Financial, Inc provides its Service “AS-IS,” without warranty of any kind. Without limiting the foregoing, Ember Financial, Inc explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Ember Financial, Inc makes no warranty that the Service is available on an uninterrupted, secure or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that Ember Financial, Inc is not responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.
Indemnity and Liability
You will defend, indemnify and hold harmless Ember Financial, Inc, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms, including any third party claims that you infringe or violate any third party rights. However, this limitation of liability does not intend to exclude the liability of Ember Financial, Inc for the intentional and/or deliberate recklessness of Ember Financial, Inc themselves (“their own acts”) and or the management of emberfinancial.com.
In no event shall Ember Financial, Inc be liable to You or to any third party for any damages arising out of use of the Website or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not Ember Financial, Inc has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Ember Financial, Inc will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event Ember Financial, Inc is liable for damage under mandatory law, Ember Financial Inc’s aggregate liability to you for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred dollars ($100) per incident. Controlling Law and Jurisdiction. These rights and obligations arising out of or in connection to these Terms shall be construed, governed, interpreted and enforced according to the laws of the United States. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in New York, NY, The United States, unless stipulated otherwise by mandatory U.S. or international laws. You waive any objection to jurisdiction and venue in the courts of the United States.
These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings between You and Ember Financial, Inc. These Terms shall apply in preference to and supersede any and all Terms of any use or kind by You. In the occasion that these Terms shall become party invalid, You and Coinlock LLC remain bound to the remainder.
For questions about these Terms, please contact Ember Financial, Inc at firstname.lastname@example.org. We speak English.