Terms of Service
Effective: July 4, 2024
Welcome to the website (the “Website”) of EMINENT MEDIA LLC (“EMINENT MEDIA,” “we,” “us,” or “our”). By accessing or using the Website, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy (linked below). These Terms govern your access to and use of the Website and the services offered thereon (the “Service”).
1. Services Offered
EMINENT MEDIA provides the following services:
• Fully Managed Website Services: Comprehensive hosting and website builds tailored to your needs.
• Bespoke Software Development: Custom software solutions designed to meet specific business requirements.
• Technical Consultation: Expert advice and guidance on technology-related matters.
2. Payment Processing
We utilize Stripe, a trusted and secure payment processor, to handle all transactions related to our services. By using our services, you agree to comply with Stripe's terms and conditions. For detailed information on payment processing, please refer to Stripe’s policies.
3. User Content
While users are not required to create accounts on the Website, any content submitted through our contact forms or other means (collectively, “User Content”) remains your responsibility. You retain all ownership rights to your User Content. However, by submitting User Content, you grant EMINENT MEDIA a non-exclusive license to display and use it in connection with the Website.
You agree not to submit any User Content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or racially or ethnically offensive.
4. Intellectual Property
The Website and its content, including text, graphics, logos, trademarks, and service marks, are the property of EMINENT MEDIA or its licensors and are protected by copyright and other intellectual property laws.
5. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EMINENT MEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF EMINENT MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT EMINENT MEDIA’s TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO EMINENT MEDIA OR $100. This limitation of liability applies to all claims, regardless of their nature, including contract, tort, warranty, or strict liability.
EMINENT MEDIA does not assume liability for any errors, omissions, or interruptions in the Service or for any problems arising out of your use of the Service. We strive to maintain a reliable and functional service, but unforeseen technical difficulties can occasionally occur.
6. Dispute Resolution
EMINENT MEDIA is committed to resolving disputes with users promptly and amicably. If you have any concerns about the Service, please contact us at media@emnt.co. We will make a good faith effort to address your concerns and find a fair resolution.
You agree that any dispute arising out of or relating to these Terms or your use of our Service will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
7. Termination
We may terminate or suspend your access to the Website for any reason, without prior notice or liability, for violating these Terms. This includes, but is not limited to, engaging in prohibited activity or conduct, such as posting offensive content or using the Service in a manner that disrupts its functionality.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
9. Entire Agreement
These Terms constitute the entire agreement between you and EMINENT MEDIA LLC regarding your use of the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.
10. Updates to Terms & Conditions
We may update these Terms at any time by posting the revised terms on our Website. We encourage you to review the Terms periodically for any changes. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are advised to print a copy of these Terms for your records.