1. DISCLAIMERS; LIMITATIONS ON LIABILITY
Your use of this site and the service is at your own risk. All information, content, materials and services on EMBARK website are provided to you on an “as is” and “as available” basis and we expressly disclaim all warranties of any kind, either expressed or implied, including, but not limited to, any warranty of non-infringement or any implied warranty of merchantability or fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the service, or to reliability or title. EMBARK expressly disclaims any representations, warranties, and/or liability, whether explicit or implied, with respect to financial aid information provided on this site. Any transactions undertaken on or through this site shall be at the sole risk of the user. You are solely responsible for any damage to your computer system or other equipment, or loss of data that results from such download of the EMBARK software. Neither EMBARK nor any third-party information providers and vendors will be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, income, goodwill, use, data, or other intangible losses, or damages caused by theft, unauthorized access, systems failure, or communications line failure, or the cost of procuring substitute goods or services, caused by the use of or inability to use the site, materials or any products or services provided herein, or any other matter relating to this site, even if EMBARK has been advised of the possibility of such damages.
We do not represent or warrant that:
1. access to the service will be uninterrupted;
2. there will be no failures, errors or omissions or loss of transmitted information; or
3. no viruses will be transmitted during the provision of the service.
We shall not be liable to you or any third parties for any direct, indirect, special consequential or punitive damages arising out of your access to or inability to access the service, including for viruses alleged to have been obtained from the site, or your use of or reliance on the site or any of the information or materials available on the service, regardless of the type of claim or the nature of the cause of action.
Except as provided by law, neither EMBARK nor its third-party information providers and vendors has any responsibility to maintain the materials, products, or services offered on the site or to supply corrections, updates, or releases for the same. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights which vary from state to state.
2. USE OF SITE
Material on the Service is for your personal use only. The Service contains copyrighted and other proprietary information. You agree that you will not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other applicable law. All content on the Site, including, but not limited to, text, pictures, graphics, logos, button icons, data compilations, images, and the selection and arrangement of such content is the exclusive property of EMBARK or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted hereby are reserved.
5. THIRD PARTY CONTENT
Data and other materials appearing on this Site that are provided by third parties are believed by EMBARK to be obtained from reliable sources, but we cannot guarantee and are not responsible for their accuracy, timeliness, completeness, or suitability for use. EMBARK is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to this Site via hyperlink. The fact that EMBARK has provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by EMBARK with respect to such website, its owners, providers, or services. You will use any such third-party content at your own risk.
6. INTERNET EMAIL
E-mail messages may not be secure and may be intercepted by third parties. If you send us an e-mail containing confidential information about you, you agree that you do so at your own risk and that you hold EMBARK harmless from any loss that you may suffer as a result.
7. COMMUNICATIONS CONSENT
You agree that we and any of our affiliates, agents, service providers or assigns (and any of our assigns’ affiliates, agents or service providers) may call you, leave you a voice prerecorded, or artificial voice message, or send a text, e-mail, or other electronic message to you for any purpose related to billing for the Services, for surveys or research, or for any other informational purpose related to the Services (each, a “Communication”) using an automatic telephone dialing system or otherwise. You agree that we and any of our affiliates, agents, service providers or assigns (and any of our assigns’ affiliates, agents or service providers) may call or text you at any telephone number associated with your account for receipt of the Services, including cellular telephone numbers, and may send an e-mail to any email address associated with your account for receipt of the Services. You also agree that we and any of our affiliates, agents, service providers or assigns (and any of our assigns’ affiliates, agents or service providers) may include your personal information in a Communication and may conduct a Communication using an automatic telephone dialing system. We will not charge you for a Communication, but your data service provider may. In addition, you understand and agree that we and any of our affiliates, agents, service providers or assigns (and any of our assigns’ affiliates, agents or service providers) may always communicate with you in any manner permissible by law that does not require your prior consent. If you do not want to receive calls, texts, emails, or other electronic messages, you can unsubscribe by sending an email to firstname.lastname@example.org or by calling a customer service representative at 646-368-8394 specifying your preference. To stop text messages, you can also simply reply “STOP” to any text message we may send you. It may take up to 48 hours for us to fulfill changes to your subscription. Please note that unsubscribing may prevent us from relaying important information to you about your account.
8. LINKING CONDITIONS
You may not link to the Site unless you comply with the linking conditions as described below (“Linking Conditions”). EMBARK grants you a limited, revocable, nonexclusive right to create a hyperlink to the Site (“Link”), provided you comply at all times with the following conditions:
1. The Link must resolve to EMBARK’s page at www.embark.com, unaltered in any way;
2. The text of the Link must read “Embark,” “Embark.com,” or “www.Embark.com.” You may not use any EMBARK’s logo or graphic, or any other trademark, as part of the Link without EMBARK’s express written permission; and
3. The Link and surrounding context on the linking site must not:
1. falsely represent or misrepresent any relationship between the linking site and EMBARK, including suggestions of affiliation, endorsement, or sponsorship;
2. portray EMBARK or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or
3. deliver content and materials in a framed environment or alter the layout, content, look, or feel of the Site.
If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of this Site that is located one or several levels down from the homepages (known as “deep links”), provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive Links to the Site.