Terms of Use

EMM Group, Inc. TERMS OF USE

Last updated:  August 24, 2009

1. Introduction

This Terms of Use Agreement (the “Agreement” and the “Terms”) is made by and between EMM GROUP, INC., a  Nevada corporation (EMM GROUP”, the “Company”, “Us”, “We” and “Our”), and you (“You,” “Your” or “User”).  This Agreement contains the terms and conditions that govern your access to, and use of the EMM GROUP website located at http://www.emmgroup.net and any tools hosted on the EMM GROUP website, its content, the software and the associated materials made available through this website (collectively, the “EMM GROUP Website”).  The EMM GROUP Website is an interactive website that provides a collection of online resources (collectively, the “Services”).  In addition, some of the Services may allow you to access, submit and display postings, messages, text, files, images, photos, video, sounds or other materials (collectively, “Content”).

2. Agreement

By using the EMM GROUP Website or Services in any way or simply by accessing the EMM GROUP Website or Services signifies Your constructive and actual notice and knowledge of, and Your agreement to be bound by, the most current version of the Terms as posted on the EMM GROUP Website.

From time to time, EMM GROUP may define and post on the EMM GROUP Website additional Service-specific terms, rules, codes of conduct or guidelines (“Guidelines”) that govern such specified Service. Additionally, you may be required to execute, or have previously executed, a Customer Service Agreement or open an account with EMM GROUP before you will be allowed to access certain Services or areas or tools hosted on or through the EMM GROUP Website. In the event of a discrepancy between these Terms and the Guidelines or any Customer Service Agreement made between You and EMM GROUP, including the Privacy Policy located at http://www.emmgroup.net/privacy these Terms shall control.  In no way shall this provision be construed to incorporate, acknowledge or make any recommendation regarding third-party Terms and Conditions, for example, terms and conditions that may govern Your use of any third-party website or Content.  It is solely Your responsibility to ensure that Your use of any and all third-party website or Content is in compliance with any and all third-party requirements.

IMPORTANT!  THESE TERMS AND ANY RELEVANT GUIDELINES GOVERN YOUR USE OF THIS EMM GROUP WEBSITE AND SERVICES, WHICH ARE PROVIDED BY EMM GROUP.  THESE TERMS AND ANY RELEVANT GUIDELINES ARE SUBJECT TO CHANGE BY EMM GROUP AT ANY TIME IN ITS DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND ANY RELEVANT GUIDELINES EACH TIME YOU VISIT THE SERVICE WEBSITE.  YOUR USE OF THIS EMM GROUP WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. 

If you do not wish to be bound by this Agreement and its Terms, do not use the EMM GROUP Website or Services.  If you have already established an Account under Section 4 and You do not wish to continue to be bound by this Agreement, you should terminate Your Account in accordance with Section 16 of this Agreement.

3. Access to the EMM GROUP Website, Services and Your Responsibilities

1. To access the EMM GROUP Website or some of the Services it has to offer, you may be asked to (i) provide certain registration details or other information; and (ii) to establish a EMM GROUP Website account specific to You (“Your Account”). [Note: This assumes registration is free and no fee is required]

2. To create Your Account, Log-In and/or to participate in any Services, You must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of this Agreement.  Specifically, You agree that:

1. All information that You provide in Your registration form for the purposes of establishing Your Account is true and correct and You will promptly notify us of any changes to such information;

2. You acknowledge that in establishing Your Account You have provided us with certain personal information about You.  While we normally keep this information confidential, You agree that it may be necessary, from time to time, for Us to disclose certain personal information to third parties and You consent to all such disclosures.  Please see our Privacy Policy for further information;

3. Your Account is for Your sole use only and must not be used by any third party. You shall not allow any third party to use Your Account, password, Log-In or User ID to access or use the EMM GROUP Website to arrange, enter, and/or participate in Services, or for any other purposes.  We take no responsibility for any third party access to Your Account;

4. You have verified and determined that Your use of the EMM GROUP Website Services does not violate any law or regulation in any jurisdiction that applies to You.  It is Your sole responsibility to ensure that this is the case;

5. You fully understand the methods, rules and procedures of the Services, and Your use of the EMM GROUP Website and Services will always comply fully with this Agreement, the Privacy Policy and any applicable Rules or Guidelines;

6. You will not engage in any conduct that injures or may injure the business, reputation or goodwill of EMM GROUP;

7. You possess the legal authority to enter into this Agreement including the authority to accept all of these Terms;

8. You shall not infringe or encroach upon EMM GROUP’s or any third party's personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets;

9. You are physically located in a U.S. State, or a jurisdiction located outside the United States, in which participation in EMM GROUP Website or Services is not prohibited by the law of that State or jurisdiction;

10. You will not use the Service Website or Services for fraudulent or otherwise illegal purposes; should you learn that any User is using the Service Website or Services for fraudulent or otherwise illegal purposes, you will immediately notify Us in writing;

11. You understand that We may monitor Your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the EMM GROUP Website and/or Services is illegal or restricted; and

12. You will not mask your identify in any way, including without limitation, IP masking by accessing the Service Website or Services over any type of Proxy Server, through IP masking software or the like.

4. Your Account

You must choose a Log-In and password during Account registration.  You are solely responsible for all actions taken using Your Log-In and password.  You must make every effort to keep Your password safe and should not disclose it to anyone.  You shall not permit, either directly or indirectly, any other person to use Your Log-In or password.  We are not responsible for any losses or problems You suffer as a result of Your disclosure of Your Log-In or password information to anyone else.

To access all or some of the Services, You must have previously established a valid Account as provided herein.  Further, You must meet all the conditions described throughout these Terms.  You agree and understand that We collect data relating to Your Log-In, Your use of the Services, and Your other Account activity and that some of this information may be made public.

5. Verification of Your Account Information

EMM GROUP reserves the right (but does not undertake the obligation) to conduct a review, at any time, to validate Your Account information, as collected under Section 4 or otherwise, to ensure that Your participation in the EMM GROUP Website and Services do not breach this Agreement and/or any applicable law.  You authorize Us and our agents to make any inquiries of You and for us to use and disclose to any third party we consider necessary to validate this information.  To facilitate the foregoing validation, You agree to provide sufficient information or documentation as EMM GROUP, in its discretion, may request.  If you do not provide such information within thirty (30) days of our request, your responses are incomplete or otherwise insufficient, or EMM GROUP cannot verify the information applicable to Your Account submitted pursuant to Section 4, Your Account will be terminated pursuant to Section 16.

6. Restrictions on Use

You may use this EMM GROUP Website only for purposes expressly permitted by this EMM GROUP Website.  You may not use this EMM GROUP Website for any other purpose, including any other commercial purpose, without EMM GROUP’s express prior written consent.  For example, you may not (and may not authorize any other party to) (i) co-brand this EMM GROUP Website, or (ii) frame this EMM GROUP Website, or (iii) hyper-link to this EMM GROUP Website, without the express prior written permission of an authorized representative of EMM GROUP.  For purposes of these Terms of Use, “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 this EMM GROUP Website or content accessible within this EMM GROUP Website.  You agree to cooperate with EMM GROUP in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

7. Proprietary Information

The material and content accessible from this EMM GROUP Website, and any other World Wide Web site owned, operated, licensed, or controlled by EMM GROUP is the proprietary information of EMM GROUP or the party that provided the Content to EMM GROUP, and EMM GROUP or the party that provided the Content to EMM GROUP retains all right, title, and interest in this Content.  Accordingly, such Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of EMM GROUP.  In any event, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.  Modification or use of this Content except as expressly provided in these Terms of Use violates EMM GROUP’s intellectual property rights.  Neither title nor intellectual property rights are transferred to you by access to this EMM GROUP Website.

Trademarks, service marks, and logos appearing in this EMM GROUP Website are the property of EMM GROUP or the party that provided the trademarks, service marks, and logos to EMM GROUP.  EMM GROUP and any party that provided trademarks, service marks, and logos to EMM GROUP retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this EMM GROUP Website. 

You may not copy, download, modify or create derivate works, rent, lease, loan, distribute, re-use, adapt, publish, transmit, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or otherwise use or exploit any software or other works or content from the EMM GROUP Website unless We have expressly allowed You to do so.  You agree that all proprietary rights, including all trademark, copyright, patent or trade secret rights, inherent in such software, works and content is owned by Us or applicable third parties. 

8. Third Party Content

You understand that Content posted on, transmitted through, or linked on the EMM GROUP Website or using the Services, are the sole responsibility of the person from whom such Content originated.  More specifically, you are entirely responsible for the Content that you post, email or otherwise make available via the Service.  You understand that EMM GROUP does not control, and is not responsible for Content made available through the EMM GROUP Website, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.  Furthermore, the EMM GROUP Website and Content available through the EMM GROUP Website or Services may contain links to other web sites, which are independent of EMM GROUP.  EMM GROUP makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to any other website is at your own risk.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will EMM GROUP be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.  You acknowledge that EMM GROUP does not pre-screen or approve Content, but that EMM GROUP shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

Although EMM GROUP does not claim ownership of the Content that You post, by posting Content to the EMM GROUP Website, you automatically grant, and you represent and warrant that you have the right to grant, to EMM GROUP an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute that Content and to prepare derivative works of, or incorporate into other works, that Content, and to grant and authorize sublicenses of the foregoing. Furthermore, by posting Content to the EMM GROUP Website, you automatically grant EMM GROUP all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or  exploitation of the Content on the Service by any party for any purpose.

9. Hyper-Links, Third Party Content, Sites and Services

The EMM GROUP Website and Content available through the Services may be hyper-linked to other sites and/or contain features and functionalities which are not maintained by, or related to, EMM GROUP.  Such links, Content and Services (including, web sites, directories, servers, systems, networks, databases, information, programs, software products or services) are provided as a service to users and are not sponsored by or affiliated with this site or EMM GROUP.  Your interactions, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations, entities or individuals. 

EMM GROUP has not reviewed any or all of such sites, content or services and is not responsible therefore and such sites, content and services are to be accessed at the user’s own risk.  EMM GROUP makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Site.  Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by EMM GROUP of that site.

10. Information or Content that You provide

1. Generally

You hereby grant to EMM GROUP the royalty-free, perpetual, irrevocable, unrestricted worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content, remarks, suggestions, ideas, graphics, or other information that You post, send, submit, publish, transmit, communicate, provide or otherwise transfer to EMM GROUP or through the EMM GROUP Website, using the EMM GROUP Services, including any software hosted thereon (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.  EMM GROUP will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future EMM GROUP operations.

Notwithstanding the foregoing, EMM GROUP will treat any personal information that you submit through the EMM GROUP Website in accordance with its Privacy Policy located at http://www.emmgroup.net/privacy.

2. Restrictions

Your Submission must not include material that:

• you do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this EMM GROUP Website;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this EMM GROUP Website;
• solicits funds, advertisers or sponsors;
• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this EMM GROUP Website;
• amounts to a ‘pyramid’ or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of this EMM GROUP Website or any networks connected to this EMM GROUP Website; or
• contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

3. Right to Monitor

EMM GROUP reserves the right (but does not have the obligation) to monitor use of this EMM GROUP Website to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason.  Notwithstanding these rights, you remain solely responsible for the Content of your submissions.  You acknowledge and agree that neither EMM GROUP nor any third party that provides Content to EMM GROUP will assume or have any liability for any action or inaction by EMM GROUP or such third party with respect to any submission.

11. We Disclaim All Obligations to You

1. EMM GROUP has no obligation to check whether users are using the EMM GROUP Website or Services in accordance with this Agreement or any other agreement.

2. Under no circumstances shall EMM GROUP be obligated to investigate or pursue any complaints made by a User against any other User using the EMM GROUP Website or Services or to take any other action in connection therewith, or take any action against a User for any reason, including without limitation, for violating the terms of this Agreement.  EMM GROUP may, in its sole discretion, decide to take appropriate action against any person it suspects to be engaging in any unlawful activity or otherwise violating the terms of this Agreement, but is under no obligation to do so.

3. You will not be entitled to any compensation or otherwise from Us for any sums You believe to be owed to You as a result of any other User's misconduct, unlawful behavior or otherwise, whether or not EMM GROUP pursues any action against such User.  It is Your sole responsibility to resolve such issues without involving EMM GROUP.

4. You understand that EMM GROUP cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this EMM GROUP Website for the reconstruction of any lost data.  EMM GROUP does not assume any responsibility or risk for your use of the Internet.

5. No Content is necessarily complete and up-to-date and, accordingly, should not be used to replace any written reports, statements, or notices provided by EMM GROUP.  Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment.  Information obtained by using this EMM GROUP Website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. 

12. Release

You agree that EMM GROUP shall not be responsible or liable for any loss or damage of any sort incurred as the result of Your use of the EMM GROUP Website and/or Services.  If there is a dispute between participants on the EMM GROUP Website, or between users and any third party, you understand and agree that EMM GROUP is under no obligation to become involved.  In the event that you have a dispute with one or more other users, you hereby release EMM GROUP, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.  If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

13. We Make No Warranty

YOUR USE OF THIS EMM GROUP WEBSITE AND ALL SERVICES IS AT YOUR OWN RISK.  The Content is provided “AS-IS” and without warranties of any kind, either expressed or implied.  EMM GROUP disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.  EMM GROUP does not warrant that the functions or content contained in this EMM GROUP Website will be uninterrupted or error-free, that defects will be corrected, or that this EMM GROUP Website or the server that makes it available are free of viruses or other harmful components.  EMM GROUP does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise.  The content may include technical inaccuracies or typographical errors, and EMM GROUP may make changes or improvements at any time.  You, and not EMM GROUP, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SERVICE WEBSITE OR ITS CONTENT.  EMM GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

14. Limitation on Liability

EMM GROUP, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF EMM GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EMM GROUP AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO EMM GROUP FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

15. Term and Termination

1. Generally

We expressly reserve the right to terminate Your Account (including Your Log-In and password) and any other agreements You may have with EMM GROUP if You have breached any of the Terms, or Your use of the Services have been in any way improper or breach the spirit of this Agreement.

16. Copyright and Intellectual Property Policy

1. EMM GROUP understands the value and importance of intellectual property rights and makes every effort to respect the legitimate intellectual property rights of others.  EMM GROUP does not review all of the material posted on or submitted through their website and has no responsibility for any content that you may find or access when using EMM GROUP products or services, or the product or services provided on the EMM GROUP Website.

EMM GROUP takes all concerns related to intellectual property seriously and it is EMM GROUP’s policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user’s account who infringes or appear to infringes the intellectual property rights of others.

2. Notice of Copyright Infringement

If you believe that any material on this website infringes a copyright, or any valid intellectual property right, please provide the following information to EMM GROUP’s DMCA Agent.

1. A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on our website;

3. 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;

4. 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;

5. A statement that you have 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

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide this information to EMM GROUP’s DMCA Agent, who can be reached as follows:

                  By Mail:   DMCA Agent RE: http://www.emmgroup.net By E-Mail:____________________ 
    ___________________________

                        ___________________________

                        ___________________________

Due to IT concerns, no attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

17. Indemnity

You will indemnify and hold EMM GROUP, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information, content and services accessed from this EMM GROUP Website.

18. Security

You are prohibited from using any services or facilities provided in connection with this EMM GROUP Website to compromise security or tamper with system resources and/or accounts.  The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.  If you become involved in any violation of system security, EMM GROUP reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.  EMM GROUP reserves the right to investigate suspected violations of these Terms of Use.

EMM GROUP reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing EMM GROUP to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.  BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS EMM GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EMM GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EMM GROUP OR LAW ENFORCEMENT AUTHORITIES.

19. Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law.  You specifically consent to personal jurisdiction in Michigan in connection with any dispute between you and Michigan arising out of these Terms of Use or pertaining to the subject matter hereof.  The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Detroit, Michigan.  If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.  These Terms of Use constitute the entire agreement among the parties relating to this subject matter.  Notwithstanding the foregoing, any additional terms and conditions on this EMM GROUP Website will govern the items to which they pertain.  EMM GROUP may revise these Terms of Use at any time by updating this posting.