Last updated: January 13, 2023
These Terms of Service (“Terms”) govern your access to and use of the Emora Chat web and mobile apps as well as all related services and communications (collectively the “Services”), including any information or other content you provide via the Services. These Terms are a binding contract between you and Emory University. You agree to be bound by these Terms by using the Services. IF YOU DO NOT AGREE WITH ALL THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES, AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Unless otherwise indicated, the Services are our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content”) in the Services and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us. The Content and the Marks are provided by the Services "AS IS" for your information and personal use only. Except as expressively provided in these Terms, no part of the Services, the Content, or the Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content, and the Marks.
By using the Services, you represent and warrant that (a) you agree to comply with these Terms; (b) you are not a minor in the jurisdiction in which you reside; (c) the Services will be used only by you in your individual capacity; (d) you will not use the Services on behalf of any other individual or behalf of a company, organization, government, or other legal entity; (e) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (f) you will not use the Services for any illegal or unauthorized purpose; and (g) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You are responsible for your use of the Services and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only provide content that you are comfortable sharing with Emory and that you are authorized to share with Emory. You agree that we shall have no liability to you for any loss or corruption of your content, and you hereby waive any right of action against us arising from any such loss or corruption of content. The content you provide via the Services will not be disclosed except for the situations indicated in Section 7, but may be used to improve and manage the performance of the Service and conduct non-identifying research, in which case, your identity will still be anonymized to researchers.
DO NOT USE THE SERVICES IN CONNECTION WITH: (a) any health issue (mental or physical); (b) to report any dangerous situations or persons; (c) for any other crisis or emergent situation; or (d) to report any wrongdoing by any Emory student or employee.
No personally identifiable information of yours will be disclosed or shared, except in specific circumstances, including when (a) the University is required to act upon it; (b) there is a belief that the user context may relate to harming oneself or others; or (c) as otherwise required by law. Any of your content mentioning Title IX cases or that should be managed by the Student Case Management and Intervention Services (SCMIS) at Emory will be reported to those designated divisions with your identity.
We reserve the right, but not the obligation, to: (a) monitor the Services for violations of the Terms; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or the Terms, including without limitation, reporting such user to law enforcement authorities; (c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your content or any portion thereof; (d) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (e) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information in the Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in the Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
There may be information in the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. For the purpose of this Agreement, the term “Emory” includes Emory University, Emory Healthcare, all entities subject to the control of Emory University or Emory Healthcare, and their respective employees, officers, directors, or trustees. Without limiting the foregoing, to the maximum extent permitted under applicable law, EMORY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Emory makes no warranty or representation concerning and disclaims all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the deletion of, or the failure to store or to transmit, any information you provide to the Services; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Emory or through the Services, will create any warranty or representation not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMORY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF APPEARIN ON, ACCESSED BY, OR TRANSMITTE THROUGH THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EMORY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID EMORY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT EMORY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, will govern our relationship with You. We will try to notify You of material revisions, for example via a service notification or an email to the email associated with Your account. By continuing to access or use the Services after those revisions become effective, You agree to be bound by the revised Terms.
The laws of the State of Georgia, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Emory. All disputes related to these Terms or the Services will be brought solely in the United States District Court for the Northern District of Georgia or state courts in DeKalb County, Georgia. You consent to the personal jurisdiction of any such forum, waive any venue-related objections as to any such forum, and waive any right to seek transfer of any dispute related to these Terms or the Services to another forum.
In the event that any provision of the Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of the Terms will remain in full force and effect. Emory’s failure to enforce any right or provision of the Terms will not be deemed a waiver of such right or provision.