Emerson Exchange 365
Terms of Use for the Emerson Exchange 365 Online Community Website

The following terms of use (the “Terms”) govern your use of the Emerson Exchange 365 Online Community Website (the “Site”).  The Emerson Global Users Exchange, Emerson Process Management LLLP, and their respective affiliates (collectively, “Emerson”) may revise these Terms at any time by updating this page.  Please read the Terms carefully.  By using the Site, you agree to be bound by the Terms (including any amendments).

The Emerson Exchange 365 is a community which aims to bring together Emerson Process Management users, local business partners, suppliers, and employees to facilitate the exchange of knowledge, applications and ideas.  While Emerson facilitates such exchange, it is not responsible for the content of the Site and makes no manner of an endorsement, representation or warranty either express or implied regarding any content available on the Site. All content is provided on an "AS IS" basis.

There are inherent dangers in the use of any peer information and files available for download on the Internet, and Emerson cautions you to ensure that you completely understand the potential risks before downloading and adding any files. Emerson will not and does not guarantee, represent or warrant that files of any kind, or from any source, available for use through the Site, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

The Site may include links to third-party sites, which are not under Emerson's control. You access them also at your own risk. In order to use certain features of the Site, you may be required to install or use equipment and software; you do so entirely at your own risk as well.

You agree that all information you submit at registration is accurate and that you will keep it current. If Emerson has reasonable grounds to suspect that the registration data is untrue, inaccurate or incomplete, it has the right to suspend or terminate your account. It is your responsibility to maintain the confidentiality of your account information, and you are responsible for all use of the Site accessed through it. You acknowledge and agree that Emerson may send you information and notices regarding your account and the Site by email, text messaging or other means based on the information you provide on this Site.

You understand and agree that your use of the Site, including any content you submit, will comply with all applicable laws (including but not limited to laws governing competition, trade, false advertising and export control) and these Terms.

You will not submit any content that (i) infringes the intellectual property rights or other rights of any person or entity; (ii) would intentionally interfere with the Site’s operation; (iii) violates any person’s privacy or publicity rights or breaches any duty of confidentiality that you owe to anyone or provides any non-public information about Emerson or any other company or person without authorization; (iii) is harassing, defamatory, abusive, pornographic, obscene or otherwise objectionable (in our sole judgment); (iv) contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or contains false or deceptive language, unsubstantiated or comparative claims regarding our or others’ products, third party advertising, spam, or any other solicitation, including solicitation of lawsuits.

Emerson generally does not review content posted by Site users. However, Emerson reserve the right, but undertake no duty, to review and/or approve all content submitted, and to block, edit or remove any content that it determines to be in violation of these Terms or otherwise in our sole discretion.

You grant to Emerson and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any ideas, expression of ideas or other information, solutions, content or materials you submit to the Site (collectively, “Materials”) without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Materials, and all rights therein, in the name of Emerson or its designees throughout the world in perpetuity in any and all media types.

The license shall also permit Emerson and its designees to use portions of the Materials you submit, rewrite any Materials you submit, and/or incorporate other materials, either created by Emerson and its designees or licensed from third parties, with the Materials you submit. Any such works shall be deemed Materials owned by Emerson and shall not be subject to your approval or payment by Emerson of any compensation to you.

You also agree that Emerson is free to use any of the Materials or any comments, information or ideas contained in any content or communication you submit to the Site, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to advertising and marketing, modifying the Site and developing products and services.

You hereby release and hold harmless Emerson, employees, directors, officers, licensees and assigns and each of their respective designees with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to or arising out of content you submit, post, transmit or make available through the Site.

THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. EMERSON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EMERSON MAKES NO WARRANTY THAT USE OF THE SITE OR ANY CONTENT OR SERVICES ON OR FROM THE SITE (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE.

IN NO EVENT SHALL EMERSON BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SITE.

THESE TERMS SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND ITS VALIDITY, CONSTRUCTION AND EFFECT SHALL BE GOVERNED BY AND ENFORCED PURSUANT TO THE SUBSTANTIVE LAWS OF THE STATE OF TEXAS.

These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision. These Terms set forth the entire understanding and agreement between you and Emerson regarding your use of the Site.

Emerson reserves the right in its sole discretion to terminate or restrict your use of the Site, without notice, and without liability to you or any third party. Emerson also reserves the right to discontinue any part of the Site at any time.