DISCLAIMER

Your access to and use of this Site is at your sole risk. If you are dissatisfied with any of the materials contained in this Site, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using this Site.

THE MATERIALS IN THIS SITE AND ALL DOWNLOADABLE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EMERALD HEAWAY AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE DISCLAIM ALL WARRANTIES. EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY AFFILIATED WEBSITE WITH WHICH IT IS LINKED. EMERALD HEADWAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THIS SITE. EMERALD HEADWAY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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NO LIABILITY

To the fullest extent permitted by applicable law, Emerald Headway and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, and "Indemnified Parties") shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Emerald Headway or the Indemnified Parties have been advised of possibility of such damages or losses, arising out of or in connection with the use of this Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as consider necessary.

You hereby agree to indemnify, defend and hold harmless Emerald Headway and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Emerald Headway and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms & Conditions (including but not limited to you obligations, representations and warranties contained herein) and any other terms and condition or policies set forth elsewhere in this Site. You shall cooperate as full as reasonably required in the defense of any claim, Emerald Headway reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Because you have acknowledged that at its sole discretion and for any reason, Emerald Headway Distributors, Inc. may edit, refuse to post or delete any Content that you post, in whole or in part, and may terminate or suspend your access to all or part of this Sit, that you have granted (or warranted that the owner of such rights has expressly granted) to Emerald Headway Distributors, Inc. a royal-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, published and distribute any Content that you post, such us materials or incorporate such materials into any form or technology now know or later developed, and that you have waived any moral rights you may have such Content, you hereby agree that if you unsuccessfully prosecute a claim against Emerald Headway Distributor, Inc. and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Content that you post, to terminate or suspend your access to all or part of this Site, to use royalty-free, nonexclusive, perpetual, and irrevocable right and license to use, produce, modify, publish and distribute any Content that you post, or seeking recover for violation of your moral rights, you agree to reimburse Emerald Headway Distributors, Inc. and/or Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).

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SOFTWARE AVAILABLE ON THIS SITE

Any software that is made available to download from this Site, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), is the copyrighted work of the indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse-engineer or otherwise disassemble the Software. EMERALD HEADWAY MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUROPOSE. Software from this Site further subject to Philippines export controls. NO software from this Site may be downloaded or otherwise exported or re-exported into (or to national or resident of) any country to which the Philippines has embargoed goods. By national or resident of any such country.

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MINORS

This site contains material that may not be appropriate for children. If there is a concern by parents that children visit this site, Emerald Headway Distributors, Inc., recommends using a parental control software package. Some sample parental software packages included: Net Nanny (http://www.netnany.com), Cyber Patrol (http://www.cyberpatrol.com), Cybersitter (http://www.solidoak.com) . Please be advised that Emerald Headway Distributors, Inc., does not endorse any on parental software package. While no parental software package replaces careful supervision of Internet uses by children, these tools can be a useful addition to your suite of Internet applications. Please read the emeraldheadway.com Privacy Policy, in particular the policy for Minors, for more information regarding the collection of personal information from children.

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