Terms of Service

Version 1
Last Revised: June 7, 2021

1. Terms

By accessing this web site located at www.emeraldmanagers.com (“Website”), you are agreeing to be bound by these web site Terms and Conditions of Use (“Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The Website is the sole property of Emerald Development Managers LP (“The Provider” or “we”). If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  • i. modify or copy the materials;
  • ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • iii. attempt to decompile or reverse engineer any software contained on the Website;
  • iv. remove any copyright or other proprietary notations from the materials; or
  • v. transfer the materials to another person or “mirror” the materials on any other server.
  1. This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Provider at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the Website are provided “as is”. The Provider makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Provider does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Indemnification

You agree to indemnify and hold Us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Website, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

5. Limitations

In no event shall The Provider or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Website, even if The Provider or an authorized representative of The Provider has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

6. Revisions and Errata

The materials appearing on the Website could include technical, typographical, or photographic errors. The Provider does not warrant that any of the materials on its web site are accurate, complete, or current. The Provider may make changes to the materials contained on its web site at any time without notice. The Provider does not, however, make any commitment to update the materials.

7. Links

The Provider has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Provider of the site. Use of any such linked web site is at the user’s own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any third party websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

8. Site Terms of Use Modifications

The Provider may revise these terms of use for its web site at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

Any claim relating to the Website shall be governed by the laws of the State of New York without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.

11. Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

12. Contact Information

Emerald Development Managers LP
909 Third Ave, Floor 15
New York, NY 10022