PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS APPLICATION.
By using this application, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this application.
Emissary Health, Inc. ("Emissary") may revise and update these Terms and Conditions at any time. Your continued usage of the Emissary application ("Emissary App," or the "App,") will mean you accept those changes.
The contents of the Emissary App, such as text, graphics, images, and other materials created by Emissary or obtained from Emissary’s licensors, and other materials contained on the Emissary App (collectively, "Content") are for informational purposes only. The Content is not intended to be 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 Emissary App.
If you think you may have a medical emergency, call your doctor or 911 immediately. Emissary does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the App. Reliance on any information provided by Emissary, Emissary employees, others appearing on the App at the invitation of Emissary, or other visitors to the App is solely at your own risk.
We are committed to protecting the privacy of children. You should be aware that this App is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
The Content posted on this App is protected by the copyright laws in the United States and in foreign countries. Emissary authorizes you to view a single copy of the Content solely for your personal, noncommercial use if you include the copyright notice located at the end of the
material, for example: "©2022, Emissary Health, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Emissary App may be included elsewhere
within the App and are incorporated into these Terms and Conditions by reference.
Title to the Content remains with Emissary or its licensors. 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. Content and other features are subject to change or termination without notice in the editorial discretion of Emissary. All rights not expressly granted herein are reserved to Emissary and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content
automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
The use of the Emissary App and the Content is at your own risk.
When using the Emissary App, information will be transmitted over a medium that may be beyond the control and jurisdiction of Emissary and its suppliers. Accordingly, Emissary
assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Emissary App.
The Emissary App and the Content are provided on an "as is" basis. Emissary, its licensors, and its suppliers, to the fullest extent permitted by the law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.
Without limiting the foregoing, Emissary, its licensors, and its suppliers make no representations or warranties about the following:
software, links, or communications provided on or through the use of the Emissary App or Emissary.
In no event shall Emissary, its licensors, its suppliers, or any third parties mentioned on the Emissary App be liable for any damages (including, without limitation, incidental and
consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Emissary App or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Emissary, its licensors, its suppliers, or any third parties mentioned on the Emissary App are advised of the possibility of such damages. Emissary, its licensors, its suppliers, or any third parties mentioned on the Emissary App shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Emissary, its licensors, its suppliers, or any third parties mentioned on the Emissary App are not liable for any personal injury, including death,
caused by your use or misuse of the App, Content, or Public Areas (as defined below). Any
claims arising in connection with your use of the App, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurring.
Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
The App contains functionality and other interactive areas, including threads, social components, user reviews on the directory, etc. (collectively "Public Areas") that allow users to post or upload content and other information, including comments, questions, reviews, and other materials (the “User Content”). Users may also upload User Content via our official brand presence on social media platforms and branded hashtags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, (collectively "Social Media Platforms"). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By
submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms and Conditions and other applicable policies, such as our
Reviews Guidelines. Emissary reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms and Conditions or our other policies, such as our Reviews Guidelines. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is
If you make any submission or post User Content to a Public Area or a Social Media Platform, you agree that you will not send or transmit to Emissary by email, (including through the email
addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Emissary by email, you agree such submission is non-confidential for all purposes.
If you make any submission or post User Content to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to Emissary by email, you
automatically grant-or warrant that the owner of such content or intellectual property has
expressly granted-Emissary a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify,
adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. Emissary may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not
submit them to the Public Areas or Social Media Platforms or to Emissary by email. We try to answer every email in a timely manner, but are not always able to do so.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading content of other people without their permission is strictly prohibited.
By uploading any media on the Emissary App or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein.
You agree that you will not upload any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Emissary App.
By uploading any media on the Emissary App or a Social Media Platform (a) you grant to Emissary a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media;
affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms and Conditions.
Emissary reserves the right to review all media prior to submission to the App and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
Emissary has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Emissary passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access
to and use of your Emissary account and password; (3) promptly inform Emissary if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" link located in the Settings page of the Emissary App. You grant Emissary and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in
connection with the operation of the App. Emissary cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Emissary tools and services.
If you use, or post User Content on, a Public Area such as blogs, or our directory, or post on any Social Media Platform, you are solely responsible for your own communications, the
consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. Emissary and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should
contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
enjoying the Public Area, Social Media Platform or the App, or which, in the judgment of Emissary, exposes Emissary or any of its customers or suppliers to any liability or detriment of any type.
Reviews posted on the directory are further subject to the Emissary Reviews Guidelines. Emissary Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
Emissary or its licensors have no liability or responsibility to users of the Emissary App or any other person or entity for performance or nonperformance of the aforementioned activities.
Emissary may provide links to third-party web sites. Emissary also may select certain sites as priority responses to search terms you enter and Emissary may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Emissary does not recommend and does not endorse the content on any third-party websites. EMissary is not responsible for the content of linked third-party sites, sites framed within the Emissary App, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Emissary does not endorse any product, service, or treatment advertised on the Emissary App. For more information, read our Advertising Policy and our Sponsor Policy.
You agree to defend, indemnify, and hold Emissary, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting
from, or alleged to result from: (a) your use of the App, (b) any User Content you post or upload,
Emissary is based in New York, New York, in the United States of America with principal offices in New York, New York. Emissary makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by
certain persons or in certain countries. If you access the Emissary App from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with Emissary, or in any way relating to your use of the Emissary App, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Emissary or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and
Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and
Conditions, which shall remain in full force and effect. No waiver of any of these Terms and
Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from the App by contacting Emissary via email and providing the following information:
In an effort to protect the rights of copyright owners, Emissary maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.
Thank you for your cooperation. We hope you find the Emissary App helpful. Questions or
comments regarding this App, including any reports of non-functioning components, should be submitted using our Contact Us email. We try to answer every email in a timely manner but due to volume may not always be able to do so.