TERMS OF USE FOR EMERGING FINTECH, INC.

AND RELATED FORUM (EFF), PRODUCTS, AND SERVICES

PLEASE READ THESE TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THE EMERGING FINTECH FORUM WEBSITE AND RELATED PRODUCTS, AND SERVICES (COLLECTIVELY THE “SERVICES”). BY USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICES.

TERMS OF USE

The Site and the Forum are intended for use by individuals 18 years of age or older. This website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.

These Terms of Use are between you and Emerging Fintech, Inc. dba Emerging Fintech Forum (EFF) with a principal place of business at 4533 MacArthur Blvd. #A-2193, Newport Beach, CA 92660. 

Your rights and obligations under this Agreement and in using this Site are not assignable. Your use and access of the web site constitutes your acceptance, without modification, of the terms, conditions and notices contained herein.

Emerging Fintech, Inc. reserves the right to change the Terms of Use from time to time, as necessary, and will provide notice, on this page, of any such changes, including the date they became effective. You may access this page at any time through the Terms of Use link at the bottom of each page on this website.

GENERAL DISCLAIMERS

All material provided by Emerging Fintech, Inc. related to the Services, including any link to other sites and content found at linked sites, is provided "as is" and without any express or implied warranties including warranties of merchantability or fitness for a particular purpose. Due to the nature of the Internet, Emerging Fintech, Inc. does not warrant that access to the Services will be uninterrupted or error free. Emerging Fintech, Inc. does not warrant or make any representations regarding the usefulness of or the expected results of the material related to the Services including any financial information. Note that some jurisdictions may not allow the exclusion of implied warranties so some of the above exclusions may not apply to you. Please check your local laws for any such restrictions.

VIRUSES, WORMS, USE OF FILES

Emerging Fintech Inc. cannot and does not guarantee or warrant that files available for downloading related to the Services are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. Emerging Fintech, Inc. does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, noninfringement or fitness for a particular purpose) with respect to the files available for downloading from the Service or Forum. In no event will Emerging Fintech, Inc. be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files related to the Services or Forum. These files may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason except for personal use is expressly prohibited, unless prior written consent is obtained from the appropriate Emerging Fintech, Inc. copyright holder.

WEB-ENABLED MOBILE OR HANDHELD DEVICES

Certain web and smartphone applications of the Services have been designed to run on a personal computer, standard laptop or web-enabled mobile device. If you view or use the Services on a mobile or handheld device, you may experience some display and functionality limitations. You may experience varying wireless network coverage and speed, depending on your geographic location and telecommunications provider. The Services should not be used while operating any motor vehicle, or in any other manner that might endanger yourself or others. 

By using the Services you expressly agree and acknowledge that Emerging Fintech Inc. shall not be responsible for any of the following: (a) performance limitations and/or failures experienced in connection with any wireless or Wi-Fi service used to access the Services; (b) data transmitted through wireless access that may be intercepted by unauthorized persons; or (3) your failure to physically secure and/or monitor your personal computer, laptop or wireless device or to protect your passwords, resulting in unauthorized access to the Service and/or your Emerging Fintech Forum account or plan information. 

While using any web-enabled mobile or handheld device to use the Services, standard mobile phone carrier and data usage charges will apply. You expressly agree and acknowledge that the use of any mobile or handheld device is at your sole risk and shall be in accordance with all applicable local, state and federal laws.

UPDATES AND REVERSE ENGINEERING

By using the Services, you agree to receive any applicable software updates that may be issued from time to time by Emerging Fintech Forum. You agree to accept and install such updates as part of your use of the Services. You also agree not to reverse engineer, modify, decompile, adapt, translate, disassemble, or otherwise attempt to discover the source code of the Services and/or any Emerging Fintech, Inc. applications.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL EMERGING FINTECH FORUM BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, RECOMMENDATIONS, AND/OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EMERGING FINTECH FORUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 

In no event shall Emerging Fintech, Inc’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 

Emerging Fintech, Inc. reserves the right to make changes to the Services and our Terms of Use. Emerging Fintech, Inc. encourages you to review the Services and these Terms of Use periodically for any updates or changes. Your continued access or use of the Services shall be deemed your acceptance of these Terms of Use and any changes and the reasonableness of these standards for notice of changes. By using this site, you also agree to the terms and conditions of Emerging Fintech, Inc’s Privacy Policy, hereby incorporated below, which details how Emerging Fintech Forum and third parties may use personal information that belongs to you. 

PRIVACY POLICY 

We reserve the right to release information to the proper authorities, as a result of a violation of our standards or unlawful acts, if the information is subpoenaed and/or if we deem it necessary and/or appropriate. Emerging Fintech, Inc. has the right, but not the obligation, to refuse service, terminate accounts, or remove or edit content, in its sole discretion and to terminate this Agreement. 

TERMINATION OF USE

Emerging Fintech, Inc. may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Site or Services, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against Emerging Fintech, Inc. in the event of a dispute arising out of this Agreement, the Site or Services or your use thereof, is to terminate this Agreement by ceasing your use of the Site. In the event of termination of this Agreement, Emerging Fintech, Inc. may delete and/or store, in its discretion, data associated with your use of the Site or Services. Emerging Fintech, Inc. may also change, suspend, or discontinue any aspect of the web site at any time, including the availability of any web site feature, database, or content.

WARRANTIES 

Emerging Fintech, Inc. makes no warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with, the web site. We make no guarantee of the accuracy, correctness or completeness of any information on the Site or during the Forum, and shall not be responsible for: (i) any errors of omission arising from the use of such information and (ii) any failures, delays or interruptions in the delivery of any content or service or financial information contained within the web site. You acknowledge that any reliance upon any such information shall be at your sole risk. 

THIRD-PARTY SOURCES 

The links found on the web site will let you leave our web site and go to sites operated by parties other than Emerging Fintech, Inc.. The linked sites are often not under the control of Emerging Fintech, Inc. and we are not responsible for the contents of any linked site or any link contained in a linked site that are not owned and operated by Emerging Fintech, Inc. or any changes or updates to such sites. Such links by the web site to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by Emerging Fintech Inc. or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between Emerging Fintech, Inc. or any of its affiliates, and any linked third party or their content. Emerging Fintech, Inc. does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.

Emerging Fintech, Inc. expressly disclaims liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions, or web site content of these and any other third parties, and you waive any claims against Emerging Fintech, Inc. for damages arising from such transactions or your reliance upon statements contained therein. 

JURISDICTION

This Agreement shall be governed and constructed in accordance with the laws of the State of California without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Los Angeles County, California.

CAUSE OF ACTION

Any cause of action you may have with respect to your use of the web site must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

You shall defend or settle at your sole expense any claim or suit against Emerging Fintech, Inc. and/or each of its affiliates, directors, officers, agents, employees or sublicensees, to the fullest extent permitted by law arising out of or in connection with (1) an assertion that the information, content or other materials or services provided or made available by you or the use thereof may infringe any copyright or trademark rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, or disparaging materials; and (2) any breach by you of your obligations under this Agreement. You shall indemnify and hold harmless the Emerging Fintech, Inc. from and against any and all damages, costs, liabilities and attorneys' fees incurred in defending and/or resolving such Action.

COPYRIGHT AND INTELLECTUAL PROPERTY 

The intellectual property, copyright, digital content and materials (“Contents”) of this site belong solely to Emerging Fintech, Inc. The contents of this site are solely for your personal use and not for commercial use or for re-sale use. You should assume that everything you see or read on this website is copyrighted unless otherwise noted and may not be used, except as provided in the Terms of Use or in the text on the website, without the written permission of Emerging Fintech, Inc. 

Any copying, republication, or redistribution of web site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Emerging Fintech, Inc. 

Title to the Content remains with Emerging Fintech, Inc. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates. 

DEVICE INFORMATION AND COOKIES 

When you use this site, Emerging Fintech, Inc. automatically collects and stores in its server log information from your browser or mobile device such as your IP address or unique device identifier, browser information (including referring URL), your preferences and settings, cookies and information about the content viewed and actions taken (search queries and search terms, etc.). Cookies are small data files assigned to your browsers when you visit the site, which enable recognition of your browser and collects and stores information about your use of the site. 

COMPLETE AGREEMENT

This Agreement constitutes the entire Agreement between You and Emerging Fintech, Inc. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Emerging Fintech, Inc. with respect to this Site or the Forum. Any rights not expressly granted herein are reserved.

RESTRICTIVE COVENANTS

Confidentiality. Emerging Fintech, Inc. and User agree and acknowledge that this Agreement, and all understandings, agreements, and other arrangements between and among the parties, and all other non-public information received from or otherwise relating to, the Emerging Fintech Forum, or its Members, and the User, shall be confidential, and shall not be disclosed or otherwise released to any other Person (other than another party hereto), without the written consent of the other party; provide, however, that each party may disclose such information to its professional advisors, including its attorneys and accountants. The obligations of the parties hereunder shall not apply to the extent that the disclosure of information otherwise determined to be confidential is required by applicable law; provide, that prior to disclosing such confidential information, a party shall notify the other in order for them to properly protect their confidential information. 

User also agrees that he/she will receive or otherwise have access to confidential, proprietary information concerning or relating to the Emerging Fintech Forum, and its respective affiliates, including without limitation, documents of Emerging Fintech, Inc. and reports or other materials and all other documents and information concerning the affairs of the Emerging Fintech, Inc. (collectively, the “Confidential Information”), that the User may receive or that may be disclosed, distributed, or disseminated (whether in writing, orally, electronically, or by other means) to any representative pursuant to or in accordance or connection with the Terms of Use, constitute proprietary and confidential information about the Emerging Fintech Forum, the User, and their respective affiliates (the “Affected Parties”). User acknowledges and agrees that the Affected Parties derive independent economic value from the Confidential Information not being generally known and that the Confidential Information is the subject of reasonable efforts to maintain its secrecy. User further acknowledges and agrees that the Confidential Information is a trade secret, the disclosure of which is likely to cause substantial and irreparable competitive harm to the Affected Parties or their respective businesses. 

Non-Disclosure. User agrees to hold all Confidential Information in confidence, and not to disclose any Confidential Information to any third party without the prior written consent of the Emerging Fintech, Inc. Notwithstanding the preceding sentence, User may disclose such Confidential Information: (i) to its officers, directors, trustees, equity owners, wholly-owned subsidiaries, affiliates, employees, and outside experts (including but not limited to its attorneys and accountants) on a “need to know” basis, so long as such Persons are bound by similar duties of confidentiality to the Emerging Fintech Forum as such User, and so long as such User shall remain liable for any breach of this Section by such Persons; (ii) to the extent that such information is required to be disclosed in connection with any civil or criminal proceeding; (iii) to the extent that such information is required to be disclosed by applicable law in connection with any governmental, administrative, or regulatory proceeding or filing (including any inspection or examination or any disclosure necessary in connection with a request for information made under a state or federal freedom of information act or similar law), after reasonable prior written notice to the Emerging Fintech Forum (except where such notice is expressly prohibited by law); (iv) to the extent that such information was received from a third party not subject to confidentiality limitations and such User can establish that it rightfully received such information from such party other than as a result of the breach of this Section; (v) to the extent such information was rightfully in such User’s possession prior to the Emerging Fintech Forum’s conveyance of such information to the User, as evidenced by the User’s prior written records; or (vi) to the extent that the information provided by the Emerging Fintech Forum is otherwise available in the public domain in the absence of any improper or unlawful action on the part of such User. Any User seeking to make disclosure in reliance on the foregoing clauses (ii) and (iii) above shall use its commercially reasonable efforts to claim any relevant exception under such laws or obligations which would prevent or limit public disclosure of the Confidential Information and provide Emerging Fintech, Inc. immediate notice upon the User’s receipt of a request for disclosure of any Confidential Information pursuant to such laws or obligations. User agrees to notify such User’s officers, directors, trustees, equity owners, wholly-owned subsidiaries, affiliates, employees, and outside experts (including but not limited to attorneys, accountants, and other similar advisers) about their obligations in connection with this Section and will further cause such advisers to abide by the aforesaid provisions of this Section. 

Non-Circumvent. User also agrees that User shall not, directly or indirectly, interfere with, circumvent, attempt to circumvent, avoid, or bypass the Emerging Fintech, Inc’s customers, clients, or business contacts, including but not limited to companies, start-ups, investors, and similarly related associations. User also agrees that it shall not interfere in Emerging Fintech, Inc’s or the Manager’s business relationships for the purpose of gaining any benefit outside the scope of this agreement, whether monetary or otherwise.  Upon User’s dissociation or termination from Emerging Fintech, Inc. User shall return or destroy, immediately upon written request, any proprietary or Confidential Information shared by Emerging Fintech, Inc. which User has received. 

Non-Disparagement. Emerging Fintech, Inc. and its officers and directors will not disparage User or take any other action which could reasonably be expected to adversely affect User’s personal or professional reputation. User shall not, directly or indirectly: (i) disparage, libel, defame, ridicule or make negative comments regarding, or encourage or induce others to disparage, libel, defame, ridicule or make negative comments regarding, the Emerging Fintech Forum, or any of Emerging Fintech, Inc’s officers, directors, employees, or agents; and/or (ii) engage in any conduct or encourage or induce any other person to engage in any conduct that is in any way injurious or potentially injurious to the reputation or interests of the Emerging Fintech Forum or any of Emerging Fintech, Inc’s officers, directors, employees, or agents. User further agrees not to disparage, libel, defame, ridicule or make negative comments regarding, or encourage or induce others to disparage, libel, defame, ridicule or make negative comments regarding Emerging Fintech Inc's products, services, business plans or methods.

Restrictions Reasonable. User acknowledges that the restrictions under this Article are substantial and effective. User further acknowledges that they have been given access and shall continue to be given access to all of the Confidential Information described above during the course the Terms of Use, and therefore, the restrictions are reasonable and necessary to protect the competitive business interests and goodwill of Emerging Fintech, Inc. and do not cause User undue hardship.

Equitable Relief. User hereby acknowledges and agrees that Emerging Fintech, Inc. and its goodwill would be irreparably injured by, and that damages at law are an insufficient remedy for, a breach or violation of the provisions of Article of this Agreement, and agrees that the Emerging Fintech Forum, in addition to other remedies available to it for such breach, shall be entitled to a preliminary injunction, temporary restraining order, or other equivalent relief restraining User from any actual breach of the provisions hereof, and that Emerging Fintech, Inc’s rights to such equitable relief shall be cumulative and in addition to any other rights or remedies to which Emerging Fintech, Inc. may be entitled. Emerging Fintech, Inc. hereby acknowledges and agrees that User is entitled to the same equitable relief should Emerging Fintech, Inc. violate this Section herein.