In our app, we use depth data obtained through scanning to mathematically determine the size of objects. It is important to note that we do not store any scan information locally or with any third-party entities. Our app solely uses the information obtained during the scan to carry out its intended function and does not retain or share this data in any way.

Last Updated: March 2023.

In addition, you agree to our Messaging Terms and Messaging Privacy Policy.

THESE TERMS OF USE (THESE “TERMS”) APPLY TO YOUR ACCESS TO AND USE OF THE EMULAIT MOBILE SITE, APPLICATION, SERVICES, PLATFORMS AND TOOLS WHERE THESE TERMS OF USE APPEAR OR ARE LINKED, INCLUDING BUT NOT LIMITED TO PASSWORD-PROTECTED AREAS (COLLECTIVELY, THE "Site"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE OR OTHERWISE ACCESSING, USING OR UPLOADING ANY CONTENT TO THE SITE. TO “use” OR “access” THE SITE INCLUDES, WITHOUT LIMITATION, BROWSING, ENGAGING IN TRANSACTIONS (AS DEFINED IN “ONLINE PURCHASES”) OR UPLOADING ANY DATA TO THE SITE. BY ACCESSING ANY CONTENT OR OTHERWISE USING THE SITE, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ THE CURRENT VERSION OF THESE TERMS SE, AS WELL AS OUR PRIVACY POLICY AND ANY OTHER EMULAIT POLICY, OR OTHER TERMS AND INFORMATION LINKED FROM THE SITE, EACH OF WHICH IS HEREBY INCORPORATED INTO THESE TERMS (COLLECTIVELY, THIS “Agreement” or these “Terms”), AND (2) YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS agreement, AS REVISED FROM TIME TO TIME. . IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT ACCESS, MAKE PURCHASES FROM OR OTHERWISE USE THE SITE.

As used in these Terms, "Emulait", "us", “our” or "we" refers to Emulait Ltd., its subsidiaries and affiliates, as well as their respective employees, directors, officers, agents, licensors and contractors.

ACCEPTANCE OF THIS AGREEMENT
By visiting the Site that links to these Terms, you are acknowledging that you have read these Terms and our Privacy Policy, which is incorporated by reference herein, and you expressly acknowledge and agree that you are entering into a legal agreement with Emulait and have understood and agree to comply with, and be legally bound by, this Agreement. Any products ordered or services used through the Site are also governed by this Agreement. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement, please do not access the Site or make any purchases through the Site. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

MODIFICATION, SUSPENSION AND TERMINATION
Emulait may at any time modify or discontinue any part of or function available on the Site without notice. Also, Emulait may revise or update these Terms at any time, and such changes will be effective immediately upon being posted or linked to the Site. Your continued use of the Site means that you accept and agree to be bound by the revised Terms. Therefore, you should periodically review the then-current version of these Terms.

Emulait may, in its sole discretion, terminate or suspend your access to all or part of the Site, without notice, for any reason, including but not limited to breach of these Terms, or for no reason. Emulait shall not be liable to you or any third party for any modification or discontinuance of the Site or any termination of your access to the Site. All provisions of these Terms which are by their nature intended to survive termination and all representations, warranties, indemnities, disclaimers of warranties and limitations of liability shall survive such termination.

USE OF THE SITE AND THE CONTENT
Emulait maintains the Site for you to order customized baby products and for your personal information, education, communication and convenience. All contents of the Site, including but not limited to text, graphics, logos, Trademarks (as defined below), images, audio clips, video, data, music, software, application updates, files, information (including but not limited to information disseminated through Communication Services (as defined below)) and other material, and the design, selection and arrangement of the Site (collectively, the "Content") are the property of Emulait or its third party licensors and are protected, without limitation, under United States and international trademark, copyright and other intellectual property laws. You may use the Content for NON-COMMERCIAL, PERSONAL USE ONLY, provided you do not modify any Content or remove any trademark, copyright and other proprietary notices. You may not, directly or indirectly, download, print, copy, distribute, modify, transmit, reuse, create derivative works of, publicly display or perform, republish, report or otherwise disclose or use the Content for public or commercial purposes. No intellectual property or other rights to the Site or any Content are transferred to you, all of which shall remain with Emulait or its third party licensors, who intend to aggressively enforce their respective intellectual property rights to the fullest extent of the law.

Without limiting the generality of the foregoing, except as expressly authorized by Emulait herein, you may not copy, sell or exploit: (1) any part of the Site, (2) access to the Site, or (3) use of the Site or of any services or the Content available through the Site. You may not, directly or indirectly: (a) co-brand the Site, (b) frame or mirror the Site, or (c) link to the Site, without Emulait’s prior written consent. For purposes of these Terms, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or the Content. You agree to immediately cease any actions with Emulait in reasonably informs you as constituting unauthorized co-branding, framing or linking. You may not obtain or attempt to obtain any materials, content or information through any means not intentionally made available or provided through the Site.

Emulait’s name, Emulait’s logo and all related trademarks, logos, service marks, product and service names, designs and slogans (collectively, the “Trademarks”) displayed on the Site, are registered and unregistered trademarks of Emulait. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks.

PROHIBITED INTERFERENCE
You agree to use the Site and the Content only for lawful purposes and in accordance with these Terms and applicable law. You will not, directly or indirectly: (1) use any robot, spider or other automatic device, process or means to access the Site, (2) use any process to monitor or copy any of the Content or for any unauthorized purpose, (3) attempt to interfere with or use any device, software or routine that interferes with the proper or intended working of the Site, (4) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site, (5) violate or attempt to violate the security of the Site, or (6) take any action that could disable, overburden, damage or impair the Site, tamper with system resources or accounts or impose an unreasonable or disproportionately large load on Emulait’s infrastructure.

PROHIBITED ACTIONS
You also agree not to do any of the following, either directly or indirectly: (1) upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected intellectual property, without written permission from the owner, (2) use the Site to violate the legal rights (including but not limited to the rights of publicity and privacy) of others or to violate the laws of any jurisdiction, (3) upload to or transmit on the Site any advertisements or solicitations of business, (4) restrict or inhibit use of the Site by others, including but not limited to disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other users to engage in real time activities via the Site, (5) upload or otherwise transmit files to or via the Site that contain a virus or corrupted data, (6) collect, analyze or use information about Site users (including but not limited to email addresses and use histories), (7) download a file or software or include in a message any software, files or links that cannot be distributed legally over the Site or are confidential (notwithstanding availability on the Site), (8) post “spam,” transmit chain letters or engage in other similar activities on or via the Site, (9) advocate illegal activity or discuss an intent to commit an illegal act on or via the Site, (10) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise on or via the Site, (11) disobey any policy or regulations including but not limited to any code of conduct or other guidelines, established from time to time regarding use of the Site or any networks connected to the Site, (12) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded on or via the Site, (13) upload or transmit material to the Site that does not pertain directly to the Site, (16) upload or transmit material to the Site that contains links to other sites that contain content that falls within the prohibitions described in this Section, or (14) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Emulait, in its sole discretion, may harm Emulait or users of the Site or expose them to liability.

VIOLATIONS OF THESE TERMS
Any violation of these Terms or applicable laws may result in the termination of your access to the Site and may expose you to civil and/or criminal liability. Emulait reserves the right to investigate suspected violations of these Terms. Emulait reserves the right, but does not assume any responsibility, to remove or block access to any material posted on the Site which Emulait, in its sole discretion, deems inconsistent with the parameters set by Emulait, including but not limited to any material Emulait has been notified, or has reason to believe, constitutes infringement, and to terminate any user’s access to all or part of the Site. However, Emulait can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Emulait assumes no liability for any action or inaction regarding or responding to transmissions, communications or content provided by third parties. Emulait reserves the right to take any action it deems necessary to protect the safety of users of the Site, its users and the public; however, Emulait has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Emulait reserves the right to release your details to system administrators at other third party, linked sites in order to assist them in resolving security incidents. Emulait reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Emulait to disclose the identity of any user and any materials that are believed to violate these Terms.

COMMUNICATION SERVICES
The Site may contain forums, chat areas, message boards, news groups, comment areas, blogs, communities and other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the intended use of the Site and comply with these Terms. Emulait reserves the right, but does not assume any responsibility, to monitor any use of Communication Services.

Unless covered by Emulait’s Privacy Policy, any communication or material in any format, including but not limited to data, questions, graphics, comments, opinions, articles and suggestions, you or another user transmit or post to the Site, disclose by participating in Communication Services or communicate to Emulait through the Site, for any purpose (collectively, the “Submission”), will be treated as non-confidential and non-proprietary. Submissions are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Emulait.

You understand and acknowledge that you are responsible for your Submissions, and you, not Emulait, have full responsibility for your Submissions, including but not limited to their legality, reliability and appropriateness. By making a Submission, you warrant that the Submission is your own or is in the public domain and free of proprietary or other restrictions of any kind. Emulait may use any Submission in any manner, form, media or technology, now known or later developed, including but not limited to reproduction, disclosure, transmission, publication, broadcast, display and posting, and may use any ideas, concepts, know-how or techniques contained in any Submission for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services, without incurring any liability for royalties or any other consideration of any kind. Emulait may create derivative works from or incorporate any Submission in other works, and will not incur any liability as a result of any similarities that may appear in future materials or operations of Emulait.

YOUR ACCOUNT
To access the Site or certain of the resources it offers, you may be asked to open an account and/or provide certain registration details or other information. You also understand that certain features of the Site may require the activation of GPS, technology for full functionality, and you consent to the technology’s activation and use. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. Your user name and password are for your personal use only. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer, phone or device, and you agree to be responsible for all activities that occur under your account. Emulait reserves the right, but does not assume any responsibility, to monitor your account and, in its sole discretion, may require you to change various account information.

CUSTOMER PURCHASES
Product purchases made on the Site shall be executed via each third party payment service provider that we make available for you to use via the Site. If you choose to proceed with a purchase, then you: (1) agree to review and be bound by each third party payment service provider’s terms of use and privacy policy; and (2) acknowledge that you will need to have an active account in order to complete a product purchase. Emulait is not responsible or liable for any activities or conduct of any third party payment service provider, and you agree to hold us harmless, and expressly release us, from any and all liability arising therefrom.

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including but not limited to your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT ALL TRANSACTIONS INITIATED BY YOU ARE BONA FIDE, AND YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARDS OR OTHER PAYMENT METHODS YOU USE IN CONNECTION WITH COMPLETING ANY TRANSACTION. By submitting such information, you grant to Emulait the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including but not limited to all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your Transactions.

Emulait or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

PRODUCT DESCRIPTIONS
While Emulait attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site or the Content. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that you believe the Site contains an inaccuracy, please inform us at your earliest available opportunity. Emulait shall have no responsibility or liability for information or content posted to the Site from any non-Emulait affiliated third party.

In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price. If a product offered by the Site is not as described, your sole remedy is to return it unused and with the full contents in accordance with our return policy.

PRODUCT CUSTOMIZATION
Certain products that will be offered on the Site may be customized based on the specific information submitted by a user. Without limiting the generality of the foregoing, this information may include physiological data that is collected by the Site. None of this information will include images. We will only use this information to produce customized products and for other internal purposes, including quality control, general maintenance and product development (e.g., training data). Unless we deliver a customized product that is defective, we will not accept returns of customized products.

UNDERAGED USERS
The Site is a general audience site intended for use by individuals over the age of 18, and we will not knowingly collect, use or disclose any information from children under the age of 13 or from users of web sites directed at children under the age of 18. If you are under 18, you may use the Site and engage in a Transaction only with involvement of a person older than 18.

NO MEDICAL ADVICE
The Site and the Content is for informational purposes only. Any advice or information provided on the Site does not create a professional relationship, is not an aid to making medical decisions, and is not marketed, promoted or otherwise intended to be used to diagnose any disease or other condition, or to cure, mitigate, treat, or prevent any disease. The Site is not a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. We do not recommend or endorse any specific tests, healthcare providers, physicians, products, treatments, therapeutics, pharmaceuticals, devices, procedures, opinions or other information that may be included on, accessed through, sent through or made available for use or download through the Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE BY EMULAIT, OTHERS APPEARING ON THE SITE AT THE INVITATION OF EMULAIT, OTHER USERS OF THE SITE OR ANY PARTICIPANTS IN COMMUNICATION SERVICES IS SOLELY AT YOUR OWN RISK.

WARRANTY
THE WARRANTIES APPLICABLE TO EMULAIT PRODUCTS PURCHASED VIA THE SITE SHALL BE THOSE WHICH ACCOMPANY EMULAIT’S PRODUCTS AT THE TIME OF DELIVERY, AS IN EFFECT FROM TIME TO TIME ("EMULAIT’S WARRANTY").

DEALINGS WITH THIRD PARTIES
The Site may contain links and interactive functionality with the web sites of third parties, including but not limited to other merchants and social sites. Links are provided as a service to users and such merchants and sites are not sponsored by or affiliated with the Site or Emulait. The terms of your interaction with any third party are solely between you and such party, and Emulait strongly recommends that you review and understand the terms of use and sale, privacy policies, settings and information-sharing functions of each such third party. Emulait has not reviewed such sites and is not responsible for the functionality or any content of those sites. Emulait is not responsible for webcasting or any other form of transmission received from any linked site. Emulait is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including but not limited to any sites framed within, or third party advertisements on, the Site, and does not make any representations regarding their quality, content or accuracy. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS OF USE FOR SUCH WEBSITES.

DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY
EXCEPT AS STATED IN EMULAIT’S WARRANTY, THE SITE, THE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER EMULAIT NOR ANYONE ASSOCIATED WITH EMULAIT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE SITE, THE CONTENT OR ANY PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER EMULAIT NOR ANYONE ASSOCIATED WITH EMULAIT WARRANTS OR REPRESENTS THAT THE SITE, THE CONTENT OR THE PRODUCTS OR SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, DEFECT-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, THE CONTENT OR ANY PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. EXCEPT FOR EMULAIT’S WARRANTY, EMULAIT DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Emulait does not assume any responsibility or risk for your use of the Internet. Emulait also is not responsible for any damage to your computer, phone, device or other property, including but not limited to viruses, on account of your access to, use of or browsing in the Site, your downloading of any Content from the Site or your participating in Communication Services.

EXCEPT AS STATED IN EMULAIT’S WARRANTY FOR PRODUCTS SOLD BY EMULAIT, EMULAIT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE), INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY LINKED SITE, THE CONTENT AVAILABLE THROUGH THE SITE OR ANY LINKED SITE, OR WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE OR ANY LINKED SITE, WHETHER OR NOT THERE IS NEGLIGENCE BY EMULAIT AND WHETHER OR NOT EMULAIT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT INCLUDES BUT IS NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS, LOST SALES AND DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, THE CONTENT, SERVICES OR PRODUCTS.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY OR DISCLAIMER OF WARRANTIES EFFECTIVELY ALLOCATES THE RISKS BETWEEN YOU AND EMULAIT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS ON WHICH EMULAIT PROVIDES THE SITE. THE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

THE LAWS OF SOME STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS IN THESE TERMS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS, WHICH VARY FROM STATE TO STATE.

INDEMNITY
You shall defend, indemnify and hold harmless Emulait and others involved in the Site or the delivery of products, services or information through the Site (collectively, the “Indemnified Parties”) from any and all claims, liabilities, demands, loss, damages, costs, expenses and attorneys' fees arising out of or relating to your use of the Site or participation in Communication Services, including but not limited to any of your Submissions or any alleged facts that, if true, would constitute a breach by you of these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use.

COMPLIANCE WITH APPLICABLE LAWS
While the Site is intended for use globally, Emulait makes no representation that materials in the Site are appropriate or available for use in any specific country or jurisdiction. Each time you access the Site, you do so at your own risk and you are responsible for complying with local laws. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, under California Code § 1789.3, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site you may contact us at support@emulait.com. You may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or my telephone at (800) 952-5210 or (916) 445-1254.

Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available through the Site by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials infringe a copyright, you should provide us with written notice that at a minimum contains: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; (iii)identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All DMCA notices should be sent to our designated agent as follows: Copyright Agent via support@emulait.com . If Emulait receives a clear notice that complies with the Digital Millennium Copyright Act that any part of the Content constitutes copyright infringement, Emulait will take such action it deems, in its sole discretion, appropriate or required by law.

APPLICABLE LAW
Emulait, the owner and operator of the Site, is based in the State of Delaware, United States. ALL MATTERS AND DISPUTES RELATED TO THESE TERMS AND YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES.

DISPUTES
YOU AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CAUSE OF ACTION RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF DELAWARE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS. ANY SUCH CAUSE OF ACTION MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN, OR CONSOLIDATED WITH, ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED UNDER THESE TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE, AND (3) YOU WAIVE ANY RIGHT TO JURY TRIAL IN ANY ACTION THAT ARISES OUT OF OR IS RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT.

HEADINGS
The headings listed in these Terms are provided for convenience only and will not affect their construction or interpretation.

GENERAL
This Agreement is between you and Emulait with respect to the Site, the Content and your Transactions, and no other terms that may have been communicated to you orally or in any other manner have any force or effect. If any provision of these Terms is unenforceable, the unenforceable provision shall not impair any other provision of these Terms, which shall remain in full force and effect, and such unenforceable provision will be modified so as to render it enforceable and then applied in such modified form. Emulait’s failure to insist upon or enforce strict performance of any provision of these Terms shall not constitute a waiver of that provision. Emulait shall not be deemed to have waived any provision of these Terms unless it agrees to do so in writing. Neither a course of dealing or conduct between you and Emulait nor any trade practices shall be deemed to modify these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between you and Emulait as a result of these Terms or your access to or use of the Site. You may not assign, transfer or sublicense any of your rights or obligations under these Terms without Emulait’s prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

CONTACTING EMULAIT
You can contact Emulait at support@emulait.com with any questions, concerns or comments, including if you believe that of any Content is in violation of these Terms. If Emulait receives a clear notice that complies with the Digital Millennium Copyright Act that any part of the Content constitutes copyright infringement, Emulait will take such action it deems, in its sole discretion, appropriate or required by law. Last Updated: July 2023.