Terms and Conditions
These are the terms of service for the deployment and management of our services to you, the EMA client. They are designed as a framework within which we work to our mutual benefit. By participating in these services, we both agree to be bound by the following terms:
Intellectual property, privacy and Indemnification
The EMA web sites, domain names, advertising accounts, custom audiences, social media accounts, landing pages, images, copy, ads, phone numbers, newsletters, training documents, scripts, reports, etc. shall remain owned and controlled exclusively by us regardless of any of your input or contribution in their development. Copies or versions of these may be deployed without restriction for other clients.
Grant of License
You grant us nonexclusive license to display your logo, name, images, written testimonials, video testimonials and any other intellectual property in promotional campaigns conducted under this agreement
Testimonials & Case Studies
If you provide us with a testimonial in any format then you also grant permission to publish and display it. In providing a testimonial, you agree that we may further create and distribute a case study that includes the testimonial for use in our marketing. A case study may reveal certain aspects of your results from our services, which includes displaying your testimonial, images, and other intellectual property for that purpose. You may revoke this permission at any time in which case we shall remove it within 10 days from any systems that we control (our web site, Facebook page, etc).
You warrant that any content provided to us shall be free from any restrictions on public display and unlimited promotional use. This includes but is not limited to copyright, HIPPA, or other privacy regulations or laws. You provide a nonexclusive, perpetual license for such provided materials and agree to hold harmless, indemnify, and defend us and our personnel, agents, associates or principals in the case of any disputes, alleged or actual infringement, or other issues arising from the use of the content you provided.
Success stories, testimonials and case studies, or parts thereof, may be pooled between multiple EMA publications, either print or digital, and may be edited and used for other EMA promotions.
Laws and Regulations Compliance
We will endeavor to abide by all local, professional, and state regulations regarding the providing of the service as we understand them. However, the final responsibility and risk is yours for any legal, professional, consumer, public or other adverse consequences resulting from the execution of the services as described herein by us and to hold us, our agents, contractors, staff, and vendors harmless against any damages or claims resulting in whole or in part, directly or indirectly, as a result of the activities under this agreement.
It is our policy that we do not accept as clients or promote any facility that engages in any form of mental healing through the use of electronic devices, drugs, or psychotherapy. Treatments for “ADHD,” depression, learning problems, anxiety and other mental or emotional issues must be natural, non-chemical, non-electronic, and must not involve any form of psychological counseling (group, family or individual). This prohibition includes (but is not limited to) neurofeedback, brain stimulation, pharmaceuticals, electromagnetic pulse (used for for mental effect), ECT, or cold/insulin shock therapies. This prohibition includes referring patients to practitioners at the same location who conduct such treatments. Engaging in any of these activities will result in termination of your participation.
We do not accept dental clients that are significantly based on providing sedation dental services or who seek to seek to grow the percentage of sedation patients they see. Sedation patients are difficult to cultivate with our methods and make for the least desirable type of lead to generate. Also the risk of abuse is beyond what we are willing to support. Therefore, while we do accept clients who offer sedation when medically necessary, we do not promote any sedition services for any clients in as, landing pages, emails or other media.
Best Efforts and Transparency
In the interest of building long-term stable relationships with EMA clients, it is our policy to be transparent and pragmatic as to expected results from your training. We strive to use our experience to provide estimates and guidance to you as to the results you may expect from our services. However, due to the individual learning levels and abilities, we can not make specific guarantees related to training results. All services are provided “as is” without further warranty and much of the results come from a cooperative effort between your company and ours.
At any time you may request information about your services with and receive prompt and complete response with accurate information.
If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable. Section titles in this document are for convenience purposes only.
The failure to enforce performance of any provision by either party shall not affect either’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Agreements in writing such as these “Terms of Service” are to protect both parties and clearly define the relationship and responsibilities of each. This agreement constitutes the entire agreement between the parties with respect to its subject matter. It supersedes all previous agreements and understandings between the parties.
The parties agree that email is a valid notification mechanism for all activities under this agreement.
These terms of services may be modified at any time without notice with the most recent version being posted on this page. These terms of service may not be amended outside of this document.
Effective Management Association
40 Pine Street, Suite #3302, New York NY, 10005