Terms of Use

ATTENTION: ACCESS TO AND USE OF THE WEBSITE WWW.EMANUELAYCE.COM AND ANY ONLINE APPLICATIONS, SERVICES, SOFTWARE OR CONTENT AVAILABLE THROUGH THIS WEBSITE IS SUBJECT TO YOUR ACCEPTANCE OF THESE TERMS OF USE. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE. 

This Agreement is effective as of 29 November 2022 and was last updated on 29 November 2022.

1. Scope of this agreement.

This TERMS OF USE (“Agreement”) is a legal agreement between you (“you” or “your”) and Emanuel Enterprises Corp. ("we," "our" or "us") governing your use of our website www.emanuelayce.com and mobile apps along with its subdomains and any associated information, including but not limited to, content, products, components, media, user manuals or guides, educational materials, website, and services, or third parties whose offerings may be made available by us (collectively, the “Portal”). The Portal is licensed, not sold. By using the Portal, including through a paid subscription or a subscription allowing you to use the Portal and Portal Products without charge for a limited period (“Free Trial”), you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are prohibited from using the Portal.

Subject to your complying with these Terms of Use, we grant you a limited, non-exclusive, non-transferable right to access the Portal.

We reserve the right to change or modify this Agreement or any additional terms at our sole discretion at any time.

2. Eligibility.

By accessing and/or using the Portal, including by doing so after accessing this Agreement, you represent and warrant that you: (i) are at least 18 years old; (ii) are not currently restricted from the Portal and are not otherwise prohibited from having a subscription; (iii) will only maintain one account at any given time; (iv) ​​will use maximum of one browser or app active at any time; (v) will only provide accurate information to us; (vi) have full power and authority to enter into these Terms of Use and doing so will not violate any other agreement to which you are a party; and (vii) will not violate any rights of us or a third party. You assume all responsibility for your use of, and access to, the Portal. Accounts are for a single user. Any multiple-party use, other than individual use, is prohibited. For example, sharing a login between two or more individual users is prohibited.

3. License and Proprietary Rights.

3.1 User Licenses

The contents of the Portal, and the Portal as a whole, are intended to provide information regarding our various products and services, as set-forth and defined by us and subject to change by us at any time, in our sole discretion. All written content prepared and posted by us, and the Portal design, layout, look, appearance, and graphics on the Portal, as well as the trademarks, service marks, and logos contained on our Portal (collectively, “Portal Product(s)”) are owned by or licensed to us, including licensed to us by Aspen Publishing, or are owned by or licensed to our affiliates, licensors, and collaborators, and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. We reserve all rights not expressly granted in, and to, the Portal and the Portal Product(s).

Except as otherwise provided in this Agreement, no part of the Portal and no Portal Product(s) may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use without our prior express written consent.

On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Portal. Any use of the Portal in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Portal.

Your access to this Portal is provided on a temporary basis based on subscription terms, with no guarantee for future availability. We reserve the right to withdraw or modify any content or products we provide on the Portal without notice.

3.2 Permitted Use.

As used herein, "Permitted Use" means use of the Portal Product(s) and content for the following limited purpose: you may use the Portal Product(s) solely for your own personal, non-commercial, informational, or scholarly use, provided that you keep intact all copyright and other proprietary notices. You may not reproduce, forward, modify, create derivative works based upon, transmit, distribute, disseminate, sell, publish, or sublicense the Portal Product(s) and content or in any way commingle the Portal Product(s) and content with any other third-party content without our prior written consent.  

If you have a paid subscription, you use of the Portal and its contents is subject to the following limits:

  • A maximum of one (1) browser or app active at any time

  • A maximum of one (1) tablet, one (1) computer, and one (1) smartphone registered and useable at any time

  • No downloading via browser

  • Printing no more than fifty percent (50%) of any single title

  • Printing no more than fifty percent (50%) of the content in a single subject

  • Copying no more than thirty percent (30%) of any single title

  • Copying no more than one (1) capital roman numeral section (e.g., IV. AMOUNT IN CONTROVERSY) per copying operation (a single operation in which the user selects text, copies the selected text, and then pastes that text into another location)

If you have a Free Trial your use of the Portal and its contents is subject to the following limits:

  • A maximum of one (1) browser or app active at any time

  • A maximum of one (1) tablet, one (1) computer, and one (1) smartphone registered and useable at any time

  • No downloading via browser

  • Printing no more than thirty percent (30%) of any single title

  • Printing no more than twenty percent (20%) of the content in a single subject

  • Copying no more than twenty percent (20%) of any single title

  • Copying the lesser of (i) one (1) capital roman numeral section (e.g., IV. AMOUNT IN CONTROVERSY); and (ii) thirty (30) original pages, per copying operation (a single operation in which the user selects text, copies the selected text, and then pastes that text into another location)

Any materials printed or downloaded from the Portal Product(s) remain subject to the terms and conditions of this Agreement.

3.3 Restrictions on Use.

You will not (i) use, or permit the use of, the Portal Product(s) except in accordance with the terms of this Agreement; (ii) modify, translate, reverse engineer, decompile, disassemble, create derivative works of, or otherwise attempt to derive or alter any source code of the Portal Product(s) or any underlying software; (iii) copy or permit the copying of the Portal Product(s), other than copying in accordance with the Permitted Use; (iv) use the Portal Product(s) to provide service bureau, time sharing, or similar services to third parties; (v) distribute, sublicense, sell, assign, transfer, rent, lease, pledge, or encumber the Portal Product(s); (vi) permit access to the Portal Product(s) to any other person; (vii) alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing in the Portal Product(s); or (viii) use the Portal Product(s) or information contained therein or results derived therefrom to develop any product(s) or service(s) which could be competitive with the Portal Product(s) or any other product(s) or service(s) provided by us. Redistribution of the Portal Product(s) for any purpose is strictly prohibited. Any use or attempted use of the Portal, the Portal Product(s) or the Online Content therein other than as specifically authorized herein, without the express prior written permission of us or Aspen Publishing is strictly prohibited and will, among other things, terminate this Agreement and all licenses granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws. Except for the express licenses granted herein, nothing in this Agreement will be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. Upon any termination of your right to access any particular Portal Product(s), if requested by us or our licensors, you must destroy, as applicable, all copies of any materials from the Portal Product(s) for which access was terminated.

4. Access.

4.1 Free Trial.

Only one Free Trial is permitted per person, with such Free Trial lasting no more than fourteen (14) calendars days. You may not create additional Accounts (such as through the use of pseudonyms and alternate email accounts) for purposes of claiming additional Free Trials. We reserve the right to terminate service to anyone who violates this policy.

4.2 Subscription and Cancellations.

You can subscribe for a minimum for a one (1) month period and for a maximum of a one (1) year period. We will charge your credit card on a periodic basis based on your subscription plan (monthly, every 6 months, or every 12 months). Unless you cancel your Subscription, your Subscription will renew automatically at the end of its term. To cancel your subscription contact us at support@emanuelayce.com. If you cancel you will continue to receive access to the Portal through the end of your subscription period, however, you will not receive a refund for any part of your previously paid-for subscription.

4.3 Account Information Accuracy.

You represent and warrant that all user information you provide in connection with your Account and your use of the Portal is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal Profile, or by contacting us at  support@emanuelayce.com.

You must use your real name on the Portal; pseudonyms are not allowed.

It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us. You agree that you will not submit any fake content (including without limitation any Account, username, likeness, or Profile) to wilfully and credibly impersonate another person, whether actual or fictitious. As a non-exhaustive example, you agree that you will not upload a Profile image that is another person’s likeness. If we believe in our sole discretion that the information you provide is not current, complete, or accurate, we have the right to refuse you access to the Portal, or to terminate or suspend your access at any time, or both, without providing you with a refund for your previously paid-for subscription.

4.4 Account Access and Security.

You agree not to give or make available your username, password, access code or other authentication method (including without limitation, your email address or Internet Protocol address, if applicable) used to access your account to any unauthorized individuals. You remain responsible for all access to the Portal Product(s) via your username, password, access code, or other authentication method, even if not authorized by you. If you believe that your username, password, access code, or other authentication method used to access your account has been lost or stolen or that an unauthorized person has or may attempt to use the Portal Product(s), you must immediately notify us at support@emanuelayce.com  Any access or attempt to access for any reason areas of our computer systems or other information thereon is strictly prohibited. you agree that you will not use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the web pages on the Portal Product(s) in whole or in part. You will not spam or send unsolicited email to any other user of the Portal Product(s) for any reason. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Portal Product(s). You will not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features with any of the Portal Product(s). You also agree that you will not take any action that is intended to impose an unreasonable or disproportionately large load on our infrastructure.

4.5 Termination of Access.

You agree that we, in our sole discretion, may terminate your use of the Portal and the Portal Product(s) or your participation in them, for any reason, including a declined payment method, or for no reason, and that we will have no liability to you for any such action. Any termination of this Agreement automatically terminates your authorization to access and to use the Portal and Portal Product(s).

5. System Availability and Errors.

You must provide the equipment and Internet connections necessary to access the Portal at your own expense. We do not guarantee that the Portal will operate with your computer, mobile device, internet service plans, or mobile provider service plans or with any particular computer or other piece of hardware, software, equipment, or device you install on or use with your computer. There may be times when the Portal is unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the Portal will always be available or is completely free of human or technological errors.

The Portal may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current.

We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information contained in the Portal at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Portal or any information or content supplied to you via the Portal, or that files available through Portal are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.

You assume all responsibilities and obligations with respect to the selection or use of the Portal, as well as all responsibilities and obligations with respect to any decision or advice made or given as a result of use of the Portal.  We will not be responsible for your reliance on the Portal or its contents, including reliance in studying for class, course exams, or the bar examination.  We and our affiliates, licensors, and collaborators are not engaged in rendering legal, accounting, tax, or other professional advice or services.  If legal, accounting, tax, or other expert assistance is required, the services of a competent professional should be sought.

6. Third Party Websites.

The Portal and Portal Product(s) may provide links to third party websites, including through content feeds accessible through the Portal Product(s). Such links to third party websites on the Portal Product(s) are provided solely as a convenience to you. If you use these links, you will leave the Portal Product(s). We have not reviewed these third party websites and do not control and are not responsible for any of these third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. We do not endorse or make any representations about third party websites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Portal Product(s), you do so entirely at your own risk. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third party websites.

7. No Warranty; Disclaimer.

7.1. THE PORTAL PRODUCT(S) ARE FURNISHED BY US AND OUR AFFILIATES, LICENSORS, AND COLLABORATORS, AND ARE ACCEPTED BY YOU "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. NEITHER WE NOR OUR AFFILIATES, LICENSORS, OR COLLABORATORS MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PORTAL PRODUCT(S), AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, LICENSORS, AND COLLABORATORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PORTAL PRODUCT(S), OR THE RESULTS DERIVED THEREFROM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES REGARDING ACCURACY, QUALITY, CORRECTNESS, COMPLETENESS, COMPREHENSIVENESS, CURRENCY, SUITABILITY, SYSTEM AVAILABILITY, COMPATIBILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIEST ENJOYMENT, NON-INFRINGEMENT, OR OTHERWISE (IRRESPECTIVE OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE). NONE OF OUR EMPLOYEES OR AGENTS IS AUTHORIZED TO MAKE ANY STATEMENT THAT ADDS TO OR AMENDS THE WARRANTIES OR LIMITATIONS OR ANYTHING ELSE CONTAINED IN THIS AGREEMENT. IN ADDITION, YOU ACKNOWLEDGE THAT ACCESS TO THE PORTAL PRODUCT(S) MAY BE SUBJECT TO LIMITATIONS, DELAYS, LATENCY ISSUES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND THAT NEITHER WE NOR OUR AFFILIATES, LICENSORS, OR COLLABORATORS ARE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THE PORTAL PRODUCT(S) MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THE PORTAL PRODUCT(S). NEITHER WE NOR OUR AFFILIATES, LICENSORS, OR COLLABORATORS WARRANT THAT PORTAL PRODUCT(S) WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE PORTAL PRODUCT(S) WILL BE CORRECTED.

7.2. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE SELECTION OF THE PARTICULAR PORTAL PRODUCT(S) TO ACHIEVE YOUR INTENDED RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE USE OF PORTAL PRODUCT(S) AND TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF PORTAL PRODUCT(S), INCLUDING THOSE TO ANY THIRD PARTY, AND FOR THE CONTENT, ACCURACY, AND REVIEW OF SUCH RESULTS. WE AND OUR AFFILIATES, LICENSORS, AND COLLABORATORS ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES. IF LEGAL, ACCOUNTING, TAX, OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.

8. Limitation of Liability.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, LICENSORS, OR COLLABORATORS, INCLUDING ASPEN PUBLISHING, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY WHOSE CLAIM IS RELATED TO THIS AGREEMENT, UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR (I) LOST TIME, LOST PROFITS, LOST REVENUES, LOST GOOD WILL LOST BUSINESS OPPORTUNITIES OR EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SIMILAR DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOT, OR WHETHER WE OR THE APPLICABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY CLAIMS, DAMAGES OR COSTS OF ANY NATURE IN EXCESS OF THE GREATER OF $50 OR THE AMOUNT OF FEES PAID BY YOU FOR YOUR ACCESS TO THE PORTAL PRODUCT(S). THIS LIMITATION OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THIS AGREEMENT ARE INDEPENDENT OF ANY REMEDIES SET FORTH HEREIN. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THIS AGREEMENT ARE AN ESSENTIAL ELEMENT TO MAKING THE PORTAL PRODUCT(S) AVAILABLE UNDER THE TERMS OF THIS AGREEMENT, AND THEREFORE THIS LIMITATION OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF SUCH REMEDIES ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION, WE AND OUR AFFILIATES, LICENSORS, AND COLLABORATORS WOULD NOT PROVIDE THE PORTAL PRODUCT(S). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Indemnification.

You agree to indemnify and hold harmless us and our affiliates, licensors, and collaborators, and any of their respective officers, directors, employees, subcontractors, agents, successors, assigns, affiliates or subsidiaries, from and against any and all claims, causes of action, lawsuits, liabilities, proceedings, losses, damages, costs and expenses (including reasonable legal and accounting fees) arising out of, connected with or resulting in any way from (i) your violation of this Agreement or any applicable law; (ii) your wilful misconduct; (iii) unauthorized use of the Portal Product(s); or (iv) any of your information uploaded or posted to the Portal Product(s). We reserve the right, at our discretion, to assume or participate, at your expense, in the investigation, settlement and defence of any action or claim to which we are entitled to indemnification. No claim will be settled without our prior written consent unless such settlement includes a complete release of us and our affiliates, licensors, and collaborators from all liability and does not contain or contemplate any payment by, or injunctive or other equitable relief binding upon, us and our affiliates, licensors, and collaborators. You acknowledge and agree that there can be no adequate remedy at law to compensate us and our affiliates, licensors, and collaborators for the breach of the intellectual property protection provisions of this Agreement; that any such breach would result in irreparable harm to us and our affiliates, licensors, and collaborators that would be difficult to measure; and, therefore, that upon any such beach or threat thereof, we and our affiliates, licensors, and collaborators will be entitled to injunctive and other appropriate equitable relief (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies may be available at law.

10.  Arbitration; Governing Law and Venue. 

Any controversy or claim arising out of or relating to this Agreement or the breach thereof, will be settled in New York, New York, by arbitration in accordance with the rules of the American Arbitration Association. The decision will be made by a single arbitrator and it will be final and binding on the Parties.  Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Parties hereby agree that the arbitrator will be empowered to enter an equitable decree mandating specific enforcement of the terms of this Agreement. Both Parties will share equally all fees and expenses of the arbitrator.

You hereby consent to personal jurisdiction of the state and federal courts located in the State of New York for any action or proceeding arising from or relating to this Agreement or relating to any arbitration in which the Parties are participants. This Agreement will be interpreted in accordance with the laws of the State of New York (except their provisions governing the choice of law).

11.  Severability.

If any provision of this Agreement becomes or is deemed invalid, illegal or unenforceable in any jurisdiction by reason of the scope, extent or duration of its coverage, then such provision will be deemed amended to the extent necessary to conform to applicable law so as to be valid and enforceable or, if such provision cannot be so amended without materially altering the intention of the parties, then such provision will be stricken and the remainder of this Agreement will continue in full force and effect. Should there ever occur any conflict between any provision contained in this Agreement and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, then the latter will prevail but the provision of this Agreement affected thereby will be curtailed and limited only to the extent necessary to bring it into compliance with applicable law. All the other terms and provisions of this Agreement will continue in full force and effect without impairment or limitation.

12.  Modification and Waiver.

No provision of this Agreement will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing by us. No waiver by us of any breach of, or of compliance with, any condition or provision of this Agreement by you will be considered a waiver of any other condition.

13.  Privacy Policy.

By accessing the Portal, you agree that you have read and agreed to our Privacy Policy (https://emanuelayce.com/privacy-policy).  Our Privacy Policy is incorporated into this agreement by reference. 

14.  Contact Us.

For any questions about the Agreement, you may contact us via email at: support@emanuelayce.com