Policies

Emery Telcom Privacy Policy

This Privacy Policy identifies and describes the way Emery Telcom (“Emery") collects, uses, maintains and discloses information collected from users (each, a “User") whether you are browsing our website, purchasing products and services from us through our on-line ordering website, discussing billing issues with our customer service representatives, or using our facilities for your communications needs (“Services"). This Privacy Policy applies to all products and services offered by Emery, and details our commitment to protect your information.

By visiting our website or using our Services, you consent to the collection and use of your information by us as set forth in this Privacy Policy. Emery reserves the right to change or modify the terms of this Privacy Policy at any time, so please check it regularly for any changes or updates. Updates will be posted on Emery’s web site at www.emerytelcom.com/emery-telcom-policies.html. In addition, if you have any questions regarding this Privacy Policy, you may contact us by telephone or mail at: (435) 748-2223, or P.O. Box 629, 455 East Highway 29, Orangeville, UT 84537.

Important Terms Used In This Privacy Policy

Throughout this Privacy Policy we use several specialized terms: “Customer Proprietary Network Information" (CPNI) means your service usage related information such as the numbers you call and when you call them, as well as the particular services you use, such as call forwarding or voice mail. We collect this information so we can provide you with the services you have requested and send you bills for these services. “Personally Identifiable Information" is information that tells us specifically who you are, your name, street address, email address, billing address, social security number, driver’s license number, credit card information, bank account number, telephone number, and other account information. “User Information" means all Personally Identifiable Information and any other forms of information discussed in this Privacy Policy, including the Internet Protocol (IP) address of a user’s computer and CPNI (as defined below). We use the term “aggregate" when we combine information from various persons and users. Information is said to be “anonymous" if it does not identify individual persons or entities or associate a particular person or entity with such information.

Customer Proprietary Network Information (CPNI). CPNI is a subcategory of protected customer information defined by federal law as information about a consumer’s account, including usage and billing of telecommunications services. Those services are offered by providers of traditional local, long distance, and wireless services, as well as providers of Voice over Internet Protocol (VoIP) services to consumers. CPNI includes what services you subscribe to, how you use them, and what you are charged for them. It does not include your name, address, telephone number, or other types of information such as information about your telephone equipment or Internet access services. We are required to treat CPNI confidentially, and we do. The FCC regulates when and how CPNI can be shared and used.

• • Marketing rules. The FCC has categorized consumer CPNI into three distinct service groups: local, long distance, and wireless service. The CPNI that a carrier can use to market its services to its customers – without their approval – depends on what service groups the customer already buys from. Carriers are permitted to use CPNI for marketing similar products within a service group. For example, if you subscribe to our local service, we are allowed to use that local service information to sell you additional local service products and services.

• • Approval rules. We obtain customer approval to use CPNI across service groups in two different ways. In some circumstances, we ask for customer consent. In other words, we may ask customers to “opt-in" to our use of CPNI across service groups. In most circumstances, however, we inform customers that CPNI will be used unless they instruct us not to. In these cases, the customers must specifically “opt-out" to our use of CPNI across service groups. We can ask for long-term approval (that lasts until it is withdrawn) or we can ask for approval each time we interact with a customer (short-term approval).

• • Rules on non-marketing uses of CPNI. We are allowed to use consumer CPNI for various non-marketing purposes without specific customer approval. These activities include installing, providing, billing for, and collecting for Services. We may also use CPNI without specific approval to protect our rights or property or those of our customers or other carriers and to address fraud, abuse or unlawful subscriptions to or use of our services.

• Access rules. Before speaking with a caller about account information, we take steps to authenticate the identity of the caller and confirm that he or she is authorized to have access to information on the account. We do not discuss account information with anyone other than the account holder. Per FCC rules, we will not discuss call detail information with customers over the telephone unless the customer provides specific information about the calls in question, such as in the context of a billing inquiry, or unless the customer provides their specific password. We will not release CPNI in a retail store unless our customer presents a valid photo ID. Additionally, our customers cannot access online account information using only account information or generally known information. Rather, online account access is restricted through security code and password requirements.

How We Collect Information And How We Use It

We collect information in three primary ways:

• You give it to use when you purchase or interact with us about a product or service we offer or provide;
• We collect it automatically when you visit our websites or use our products and services; and
• We obtain it from other sources such as credit agencies.

Visiting Our Site. When you visit our website to browse, we may collect and store the domain name and host from which you access the Internet, the IP address of your computer, your browser software and operating system, the date and time you accessed the site and the Internet address of any website from which you link directly to our site or to which you link after visiting our site. We may use this information to measure the number of visitors and repeat visitors to sections of our site, to calculate the average time spent at our site, to determine from where and to where our visitors link, and to help make our site more useful. This type of information may be shared with third parties, such as when we aggregate and disclose site traffic information for marketing and commercial purposes. When you visit our website, we may ask if you would like us to send you marketing materials about our Services and other associated products. If you request such materials, then we may use Personally Identifiable Information you give us to send you such materials.

Except as otherwise set forth in this Privacy Policy, we will not share Personally Identifiable Information with third parties without your consent.

Using Our Services. When you use our Services, you must provide certain Personally Identifiable Information for us to properly provide you with the Services. We collect and store this Personally Identifiable Information and any modifications that either you or we make to that information. We may disclose User Information (i) to provide you Services that you request and provide you with the best customer experience possible; (ii) to answer questions you may have about the Services you purchase; (iii) to communicate with your regarding Service updates, offers and promotions, and deliver customized content and advertising to you; (iv) to address network integrity and security issues; (v) to obtain a credit report; (vi) to provide local directory and directory assistance; (vii) to law enforcement or other governmental officials as required by law, if appropriate, for your protection, safety, or in connection with an investigation or prosecution of possible unlawful activity, in which cases we may be required to disclose the information without your consent or knowledge as required by federal and/or state statutes and regulations; (viii) in connection with a sale or merger of Emery; or (ix) for other legally permissible purposes. We may also share aggregate anonymous data relating to the transactions on the website and use of the Service for marketing, research and other purposes.

Feedback. Except as otherwise provided in the Privacy Policy or in other written documentation provided by us to you, any comments or materials you send to Emery through the website, including without limitation, feedback developer ideas, questions, comments, or suggestions (collectively “Feedback”), may not be treated as confidential and shall become the property of Emery. Emery has no obligation of any kind with respect to such Feedback, and may be free to reproduce, use, disclosed, exhibit, display, and distribute the Feedback.

Cookies. Cookies are very small text files that our website may send to your browser for storage on the hard drive. A type of cooking may be deployed if you use our Services. Cookies can make use of our site easier by saving your status and preferences upon visits to our website. Most browsers are initially set up to accept cookies, but you may be able to change the settings to refuse cookies or to be altered when cookies are being sent.

How we protect your information. We employ and maintain technology and security measures designed to protect User Information. When you submit sensitive information via our website, that information is subject to a variety of protections both on-line and off-line, including password protected systems and firewalls. Sensitive and private data exchange between the website and its users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. However, no data transmission over the Internet can be guaranteed to be 100% secure.

Third Party Websites. You may find advertising or other content on our website that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our website. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies. We are not responsible or liable for the actions or policies of third parties.

Control of Your Password To help secure User Information, we have designed a password protected system. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Except as specifically permitted by this Privacy Policy or other instructions regarding the Services, you should not, lend, give, or otherwise disclose your password to any unauthorized person, or permit any unauthorized person to use your accounts or related passwords.

Any loss of control of passwords may result in the loss of control over Personally Identifiable Information or User Information. You will be responsible for any actions taken on your behalf or any person using your password or user identification. If passwords have been compromised, then you should immediately change your password or notify us so that we may issue a new password.

Emery Telephone, Emery Telecommunications & Video, Inc., Emery Telcom Video, LLC, Carbon
Emery Telcom, E Fiber Moab, LLC, E Fiber San Juan, LLC, and ETV News (collectively
“Emery Telcom") Terms of Use

Last Updated on January 10, 2020

Acceptance of Terms of Service (“Terms")

Acceptance Through Use. The websites at www.emerytelcom.com and www.etvnews.com (the “Websites") are operated by Emery Telcom (“Emery Telcom", “we", “our", or “us"). By using the websites or any of our mobile applications (“Apps" together with the Website, the “Services") you agree to be bound by all of the terms, conditions and notices contained or referenced in these Terms of Use. You should review the Terms of Use from time to time. Emery Telcom may change any of the Terms of Use at any time without notice by posting revisions to the Website. Your continued use of the Website constitutes your acceptance of the revised Terms of Use. If you do not accept all of the Terms of Use, you must exit the website or any of our Apps immediately.

Please read these Terms carefully before you use the Services. When you use the Services, you accept and agree to be bound and follow by these Terms and our Privacy Policy, which is part of these Terms. If you do not want to agree to these Terms, you can’t use the Services. You should review the Privacy Policy before using the Websites and Services. The Privacy Policy explains Emery Telcom’s practices and policies relating to the collection and use of your information through or in connection with our Websites and use of our Services. Emery Telcom’s use of your information is governed at all times by our Privacy Policy which is incorporated into these Term of Use.

Please note that these Terms include Disclaimers of Warranties and Limitations of Liability.

The Services are offered and available to users who are 18 years of age or older. This Website is not directed to, or intended for use by, children. If you are not 18 years old or older, please do not use the Services unless you have the express permission of your parent or guardian. If you are the parent or guardian of a user under 18 years of age, then you are responsible for their use of the Website and compliance with these Terms.

Accessing the Services and Account Security

Subject to the terms and conditions of these Terms, Emery Telcom grants you a limited, revocable, non-exclusive, and non-sublicensable license to use the Services for your personal and non-commercial use. We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your internet connection and account are aware of these Terms and comply with them.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and the Terms, as they may be revised, apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. We encourage you to check these Terms often for updates.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

You are responsible for all usage and activity on your account, including use of the account by any third party authorized by you to use your login credentials.

Links to Third Party Sites. The Services may contain links to sites operated by third parties. These links are provided for your convenience only, and do not constitute or imply Emery Telcom’s endorsement of the linked site. The linked sites may appear to be integrated into the Website, but are not under Emery Telcom’s control. Emery Telcom is not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from these Terms of Use. You should review the policies of a linked site before making a decision to use that site. If you decide to access any of the third party sites linked to the Services, you do so entirely at your own risk.

Your Contributions, Submissions, and Responsibilities

The Services may allow you to post content and communicate with others. Anything that you post on or through the Services or otherwise submit to us through the Services, including comments, and audio or video files, classified advertisements, or personal information is referred to as “Your Contributions." You affirm, represent and warrant that:

• You own or otherwise control all right, title and interest in and to Your Contributions.
• Your Contributions do not contain any material that is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, including foul or off-color language.
• Your Contributions do not promote or include sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Your Contributions do not contain personal attacks against others, slurs, name-calling, bigotry, or hate speech.
• Your Contributions do not threaten to hurt or kill anyone, even in jest.
• Your Contributions do not contain personal information of any person or entity that is used without the person or entity’s permission.
• Your Contributions do not infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person — don’t post content that you do not have right to or own.
• Your Contributions do not violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Notice.
• Your Contributions do not promote any illegal activity, or advocate, promote or assist any unlawful act.
• Your Contributions do not impersonate any person, or misrepresent your identity or affiliation with any person or organization or use multiple accounts.

You hereby grant Emery Telcom and its designees a worldwide, royalty-free, non-exclusive, transferable and sublicensable license (the “License") to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, edit, adapt and prepare derivative works of Your Contributions in connection with the Services or in the conduct of Emery Telcom’s business in any formats and through any media channels. Emery Telcom may monitor Your Contributions and may edit or delete Your Contributions at any time and for any or no reason without your permission.

You understand and acknowledge that you are responsible for Your Contributions you submit or contribute (or that are submitted or contributed through your account), and you, not Emery Telcom, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of Your Contributions posted by you or any other user of the Services. You are responsible for taking prompt corrective action(s) to remedy a violation of these Terms of Use and to help prevent similar future violations.

You are solely responsible for the protection of your identity from identity theft. Emery Telcom does not verify the security of any internet site. Your use of personal information while on the internet places you at risk of identity theft.

Apps

Apps may be available only for certain mobile devices. We may update, change and discontinue which devices are available from time to time. An App may not be compatible with your mobile device. No mobile device is compatible if it has been modified from the manufacturer’s software or hardware guidelines, including any disabling of controls, “jail breaking" the device or adding malware. Use of such a modified mobile device with an App or the Services is expressly prohibited and is grounds for termination of these Terms and your use of the Services.

With all Apps, you are responsible for:

• Determining compatibility with your mobile device;
• Understanding whether the terms of your agreement with your mobile device manufacturer and mobile service carrier apply to your use of the App;
• Controlling access to and use of your mobile device to prevent the bypassing, disabling, or overriding of any restrictions, security measures, or other limitations of an App or your device and to prevent malware or other malicious code from being introduced to your mobile device; and
• Complying with all third party terms, including those of the applicable app provider, such as Apple or Google. These Terms are between you and Emery Telcom. The app store service providers, such as Apple and Google, are not a party to these Terms and are not responsible for the App or for furnishing you maintenance and support services with respect to the App.

You acknowledge and agree that the app store service provider from which you downloaded the Apps is a third-party beneficiary of these Terms and may therefore enforce the terms of these Terms against you.

You acknowledge that Emery Telcom, not the app store service provider, is responsible for addressing any of your claims or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) infringement of a third party’s intellectual property. You also acknowledge that all claims under the foregoing sentence are subject to all other terms and conditions in these Terms.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. Emery Telcom prohibits use of the Services for any activity that violates federal, state, local, or international law, order or regulation. You may not access or use the Services to take any action that could harm Emery Telcom or any third party. Prohibited activities included, but are not limited to:

• Posting, storing, transmitting or disseminating unlawful material, including without limitation, child or other pornography, any content, data or other material which is libelous, obscene, hateful, unlawful, threatening, reaction or ethnically offensive, defamatory or which in any way constitute or encourages conduct that would constitute a criminal offense.
• Disseminating material which violates copyright or intellectual property rights. Material accessible through Emery Telcom’s network and Services may be subject to protection under privacy, publicity, or other personal rights and intellectual property rights. Customer shall not use the Emery Telcom network or Services in any manner that would infringe, dilute, misappropriate, or otherwise violate such rights. You assume all risk regarding whether material is in the public domain.
• Pyramid or other illegal soliciting schemes.
• Fraudulent activities, including but not limited to, impersonating any person or entity, or forging anyone’s digital or manual signature.
• Sending SPAM, which includes, but is not limited to, sending unsolicited email messages, bulk commercial advertising or informational announcements; sending electronic messages that do not accurately identify the sender, the sender’s return address, the email address of origin, or other information contained in the subject line or header; sending email messages that are excessive or intended to harass or annoy others; continue to send email messages to a recipient that has indicated he/she does not wish to receive them; or sending malicious email.
• The Services may not be used to breach the security of another user, or to attempt access to anyone’s computer, software or data, without the knowledge and consent of that person. The Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account that you are not expressly authorized to access, probing the security of other networks, or any other action aimed at the unauthorized interception of data or harvesting of email addresses. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools is strictly prohibited.
• Knowingly upload or distribute files the contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits, denial-of service attack, or any other similar software or programs that may damage the operation of another’s computer, network system or other property, or be used to engage in modem or system hi-jacking, or which is otherwise malicious or technologically harmful.
• Selling, reselling, retailing, repackaging for sale, distributing, wholesaling, or otherwise commercially distributing the Services without the express written consent of Emery Telcom, which may be granted or withheld in Emery Telcom’s sole discretion. The Services are for your own personal and/or business use only.
  Allowing others access to the Services, or any of them, without the express written consent of Emery Telcom, which may be granted or withheld in Emery Telcom’s sole discretion.
• Emery Telcom prohibits the use of open wireless internet local area connections. Modems and routers broadcasting wireless Internet without wireless security enabled is in violation of this policy. Emery Telcom reserves the right to bill the customer a premium fee to allow unsecured wireless local area connections.
  You shall not connect servers of any type to the Services. Emery Telcom reserves the right to suspend or terminate Service without advance warning if a violation of this policy is detected.
• Use of distribution lists in electronic mail or other mass electronic mailings is subject to prior written approval of Emery Telcom, which will be granted or withheld is sole discretion. Without limiting the foregoing, Emery Telcom does not allow use of the email system to distribute advertisements, solicitations or any other form of marketing/sales commonly referred to as spamming.
• The use of list, blind copies, relaying to addresses via email is unacceptable use of the Services.
  Commenting under multiple aliases or accounts. Users believed to be posting under multiple accounts will be banned.
• Using comments as a way to drive traffic to a blog, other website or any product or services. Legitimate linking to other sources of information relevant to the story is encouraged; ending your comments with a link to your personal site is considered spamming.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Emery Telcom or users of the Services or expose them to liability.
  In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

Use any device, software or routine that interferes with the proper working of the Services.

• To otherwise attempt to interfere with the proper working of the Services in any way.

You are responsible for any misuse of the Services that originates from your account, even activities committed by any friend, family, co-worker, employee, guest or anyone who obtains access to the account. You must ensure that others do not gain unauthorized access to the Services.

Letter Policy

We welcome letters on a single topic of general interest. If published, in addition to the terms provided above, all letters becomes the sole property of Emery Telcom, may be edited for length, grammar, accuracy or clarity, and stored or reproduced by electronic means. Letters must include the writer’s full name, street address and daytime telephone number, though only the name and the city of residence will be published. Letters by email to editor@etvnews.com are encouraged. Submissions should have the word “letter" in the subject line and not include attachments. Only one letter per writer can be published in any 30-day period.

Fees and Payments

We reserve the right to charge fees for access to the Services or portions of the Services at any time. We will not, charge you for access to the Services without first obtaining your prior agreement to pay such charges. You may cancel your account at any time, but no refunds will be given. You agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges will be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.

Intellectual Property Rights

The Services and all of its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, photos, and the design, selection and arrangement thereof) (the “Content"), are owned by Emery Telcom, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including any copyright or trademark notices. You may not use the Services for any commercial purpose or commercially exploit or make the Services available to any third party. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services, except as authorized by the Terms. You also agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services or distribute, sublicense, lease, rent, loan or otherwise transfer the Services to any third party. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Emery Telcom. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Emery Telcom is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Website are trademarks or service marks and may not be used without Emery Telcom’s permission. Emery Telcom’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.

Notice and Procedure for Making Claims of Copyright and Trademark Infringement.

Emery Telcom takes claims of infringement seriously. We will respond to a notice of alleged infringement that complies with applicable law and that provides sufficient information. Please note that we are not a court and we are unable to resolve disputes regarding the users of the Services. However, Emery Telcom will terminate your access to the Service if, under appropriate circumstances, you are determined to be a repeat infringer.

Copyrights

If you believe any materials accessible on the Services infringe your copyright, you may request removal of those materials from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA"), the written notice must include substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
• 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 Emery Telcom to locate the material;
• Information reasonable sufficient to permit Emery Telcom to contact the complaining party, such as an address, telephone number, and if available, and email address at which the complaining party may be contacted;
• A statement that the complaining party has 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;
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you receive a copyright notice from us that you believe is incorrect, then you may send a counter notice to our Designated Agent. After receiving a counter notice, we may reinstate the content in question under Sections 512(g)(2) and (3) of the Copyright Act. A counter notice must include:

1. A physical or electronic signature of the alleged infringer;
2. A description of the material that was removed or to which access was disabled;
3. A description of the location where the allegedly infringing work was located on the Services before it was removed or access was disabled;
4. A statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or that access was denied as a result of a mistake or misidentification;
5. The alleged infringer’s name, address and telephone number; and
6. A statement that the alleged infringer consents to the jurisdiction of the federal court with jurisdiction over the address provided by the alleged infringer, or if the alleged infringer is outside of the United States, then that the alleged infringer consents to jurisdiction in Salt Lake City, Utah and will accept service of process from the party who is alleging the infringement.

If you fail to comply with all of the requirements of the DMCA for a notice or counter notice, then such notice may not be effective.

Our Designated Agent can be reached at:

Tanya Short
445 East Hwy 29
PO Box 629
Orangeville, UT 84537
Phone: 888-749-1090
Fax: 435-748-1050
Email: copyright@emerytelcom.com

Trademarks

As a friendly reminder, ETV News, Emery Telcom, Emery Telephone, Carbon/Emery Telcom, Inc. and all related names, logos, product and service names, designs and slogans are ours (or our affiliates or licensors). You can’t use our trademarks without our prior written permission. Any other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners. Please respect the rights of those parties and do not use their marks without permission either.

Representations

You represent, warrant and covenant that you (a) have the authority to bind yourself to these Terms, (b) are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting" country, and (c) are not listed on any U.S. government list of prohibited or restricted parties. You also agree that by using the App, you are electronically signing these Terms and that such signature has the same effect as a standard ink or paper signature. You acknowledge and agree that you: (i) are able to print a complete and legible copy of these Terms and save the same in a complete and legible form, (ii) are capable of opening, reading, printing, downloading and/or saving all sections of these Terms, and (iii) had reasonable opportunity to review each section of these Terms, read these Terms and agree to them.

Disclaimer of Warranties

YOU AGREE THAT THE SERVICES, INCLUDING USE OF THE WEBSITES, ARE PROVIDED ON AN “AS-IS," “AS AVAILABLE" BASIS. THE SITES ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMERY TELCOM DOES NOT MAKE ANY WARRANTY THAT ANY MATERIALS FOUND ON THE SITES ARE ACCURATE, RELIABLE, OR CORRECT, THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS AVAILABLE AT THE SITES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW AND ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability

UNDER NO CIRCUMSTANCTS WILL EMERY TELCOM, OR ANY PARENT, SUBSIDIARY, AFFILIIATE, OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF EMERY TELCOM BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE SITES OR FROM ANY INFORMATION PROVIDED AT THE SITES, INCLUDING THE CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF EMERY TELCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EMERY TELCOM’S TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF SERVICE AND IN CONNECTION WITH YOUR USE OF THE SERVICES IS LIMITED TO $50. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW AND ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Choice of Law

These Terms of Use will be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms contained herein, or your use of the Services and the Site, will be filed only in the state or federal courts located in Salt Lake, Carbon or Emery Counties, State of Utah, and you further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Indemnification

You agree to defend, indemnify and hold harmless Emery Telcom, its affiliates, parents, subsidiaries, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) brought by a third party and arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, Your Contributions, any use of the Service’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.

No Class Actions

YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT ALLOWED.

Waiver of Jury Trial

EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE SUBJECT MATTER OF THESE TERMS.

Suspension and Termination

You may stop use of the Services at any time. Emery Telcom may suspend, restrict or terminate your use of the Services at any time and for any reason without prior notice.

General Terms

These Terms, including our Privacy Policy, constitute entire agreement between you and Emery Telcom with respect to the Services and supersede all prior agreements with respect to the Services.

If any provision of these Terms is found to be unlawful or unenforceable in any respect, you agree that the court may reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or deleted, the court will fully enforce the resulting Terms.

Use of the terms “including" and “include" mean “without limitation" and indicate non-exclusive lists of items.

Incident Reporting

Any complaints regarding violation of these Terms of Use by a Customer or its user should be directed to: support@emerytelcom.com.