Terms and conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of
your use of the emiscouting.com website (“Website”), “Top Analyst” mobile application
(“Mobile Application”) and any of their related products and services (collectively,
“Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and
this Website operator and Mobile Application developer (“Operator”, “we”, “us” or “our”). If
you are entering into this agreement on behalf of a business or other legal entity, you
represent that you have the authority to bind such entity to this agreement, in which case
the terms “User”, “you” or “your” shall refer to such entity. If you do not have such
authority, or if you do not agree with the terms of this agreement, you must not accept this
agreement and may not access and use the Services. By accessing and using the
Services, you acknowledge that you have read, understood, and agree to be bound by the
terms of this Agreement. You acknowledge that this Agreement is a contract between you

and the Operator, even though it is electronic and is not physically signed by you, and it
governs your use of the Services.

Table of contents
1. Accounts and membership
2. User content
3. Billing and payments
4. Accuracy of information
5. Third party services
6. Backups
7. Links to other resources
8. Prohibited uses
9. Intellectual property rights
10. Disclaimer of warranty
11. Limitation of liability
12. Indemnification
13. Severability
14. Dispute resolution
15. Assignment
16. Changes and amendments
17. Acceptance of these terms
18. Contacting us

Accounts and membership

If you create an account on the Services, you are responsible for maintaining the security
of your account and you are fully responsible for all activities that occur under the
account and any other actions taken in connection with it. We may, but have no obligation
to, monitor and review new accounts before you may sign in and start using the Services.
Providing false contact information of any kind may result in the termination of your
account. You must immediately notify us of any unauthorized uses of your account or any
other breaches of security. We will not be liable for any acts or omissions by you,
29/11/22, 10:44 View terms and conditions including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material (collectively, “Content”) that you submit
on the Services in the course of using the Service. You shall have sole responsibility for
the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property
ownership or right to use of all submitted Content. We may, but have no obligation to,
monitor and review the Content on the Services submitted or created using our Services
by you. You grant us permission to access, copy, distribute, store, transmit, reformat,
display and perform the Content of your user account solely as required for the purpose
of providing the Services to you. Without limiting any of those representations or
warranties, we have the right, though not the obligation, to, in our own sole discretion,
refuse or remove any Content that, in our reasonable opinion, violates any of our policies
or is in any way harmful or objectionable. Unless specifically permitted by you, your use of
the Services does not grant us the license to use, reproduce, adapt, modify, publish or
distribute the Content created by you or stored in your user account for commercial,
marketing or any similar purpose. E-mail addresses, are collected for subscription reasons.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges,
and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is
enabled for the Services you have subscribed for, you will be charged automatically in
accordance with the term you selected. If, in our judgment, your purchase constitutes a
high-risk transaction, we will require you to provide us with a copy of your valid
government-issued photo identification, and possibly a copy of a recent bank statement
for the credit or debit card used for the purchase. We reserve the right to change products
and product pricing at any time. We also reserve the right to refuse any order you place
with us. We may, in our sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders placed by or under the
same customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an order, we
may attempt to notify you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. Refunds (and cancellations of courses participation) are granted up to 4 days before the start of the purchased courses. No refunds for " Top Analyst " or " Corsi di Aggiornamento " subscriptions.

Accuracy of information

Occasionally there may be information on the Services that contains typographical errors,
inaccuracies or omissions that may relate to availability, promotions and offers. We
reserve the right to correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information on the Services or Services is inaccurate
at any time without prior notice (including after you have submitted your order). We
undertake no obligation to update, amend or clarify information on the Services including,
without limitation, pricing information, except as required by law. No specified update or
refresh date applied on the Services should be taken to indicate that all information on the
Services or Services has been modified or updated.

Third party services

If you decide to enable, access or use third party services, be advised that your access
and use of such other services are governed solely by the terms and conditions of such
other services, and we do not endorse, are not responsible or liable for, and make no
representations as to any aspect of such other services, including, without limitation, their
content or the manner in which they handle data (including your data) or any interaction
between you and the provider of such other services. You irrevocably waive any claim
against the Operator with respect to such other services. The Operator is not liable for any
damage or loss caused or alleged to be caused by or in connection with your enablement,
access or use of any such other services, or your reliance on the privacy practices, data
security processes or other policies of such other services. You may be required to
register for or log into such other services on their respective platforms. By enabling any
other services, you are expressly permitting the Operator to disclose your data as
necessary to facilitate the use or enablement of such other service.

Backups

We perform regular backups of the Website and its Content, however, these backups are
for our own administrative purposes only and are in no way guaranteed. You are
responsible for maintaining your own backups of your data. We do not provide any sort of
compensation for lost or incomplete data in the event that backups do not function
properly. We will do our best to ensure complete and accurate backups, but assume no
responsibility for this duty.

Links to other resources

Although the Services may link to other resources (such as websites, mobile applications,
etc.), we are not, directly or indirectly, implying any approval, association, sponsorship,
endorsement, or affiliation with any linked resource, unless specifically stated herein or in website pages.

We are not responsible for examining or evaluating, and we do not warrant the offerings of,
any businesses or individuals or the content of their resources. We do not assume any
responsibility or liability for the actions, products, services, and content of any other third
parties. You should carefully review the legal statements and other conditions of use of
any resource which you access through a link on the Services. Your linking to any other
off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the
Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass, abuse, insult,
harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or operation of
the Services, third party products and services, or the Internet; (h) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere
with or circumvent the security features of the Services, third party products and services,
or the Internet. We reserve the right to terminate your use of the Services for violating any
of the prohibited uses.

Intellectual property rights

Courses, website and our apps details and information are property of Emiscouing and can't be used outside https://www.emiscouting.com or https://www.topanalyst.pro/teams. 

“Intellectual Property Rights” means all present and future rights conferred by statute,
common law or equity in or in relation to any copyright and related rights, trademarks,
designs, patents, inventions, goodwill and the right to sue for passing off, rights to
inventions, rights to use, and all other intellectual property rights, in each case whether
registered or unregistered and including all applications and rights to apply for and be
granted, rights to claim priority from, such rights and all similar or equivalent rights or
forms of protection and any other results of intellectual activity which subsist or will
subsist now or in the future in any part of the world. This Agreement does not transfer to
you any intellectual property owned by the Operator or third parties, and all rights, titles,
and interests in and to such property will remain (as between the parties) solely with the
Operator. All trademarks, service marks, graphics and logos used in connection with the
Services, are trademarks or registered trademarks of the Operator or its licensors. Other
trademarks, service marks, graphics and logos used in connection with the Services may
be the trademarks of other third parties. Your use of the Services grants you no right or
license to reproduce or otherwise use any of the Operator or third party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that
your use of the Services is solely at your own risk. We expressly disclaim all warranties of
any kind, whether express or implied, including but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non-infringement. We make no
warranty that the Services will meet your requirements, or that the Service will be
uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results
that may be obtained from the use of the Service or as to the accuracy or reliability of any
information obtained through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded or otherwise
obtained through the use of Service is done at your own discretion and risk and that you
will be solely responsible for any damage or loss of data that results from the download
of such material and/or data. We make no warranty regarding any goods or services
purchased or obtained through the Service or any transactions entered into through the
Service unless stated otherwise. No advice or information, whether oral or written,
obtained by you from us or through the Service shall create any warranty not expressly
made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates,
directors, officers, employees, agents, suppliers or licensors be liable to any person for
any indirect, incidental, special, punitive, cover or consequential damages (including,
without limitation, damages for lost profits, revenue, sales, goodwill, use of content,
impact on business, business interruption, loss of anticipated savings, loss of business
opportunity) however caused, under any theory of liability, including, without limitation,
contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable
party has been advised as to the possibility of such damages or could have foreseen such
damages. To the maximum extent permitted by applicable law, the aggregate liability of
the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating
to the services will be limited to an amount no greater than one dollar or any amounts
actually paid in cash by you to the Operator for the prior one month period prior to the first
event or occurrence giving rise to such liability. The limitations and exclusions also apply
if this remedy does not fully compensate you for any losses or fails of its essential
purpose.

Indemnification

You agree to indemnify and hold the Operator and its affiliates, directors, officers,
employees, agents, suppliers and licensors harmless from and against any liabilities,
losses, damages or costs, including reasonable attorneys’ fees, incurred in connection
with or arising from any third party allegations, claims, actions, disputes, or demands
asserted against any of them as a result of or relating to your Content, your use of the
Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be
applicable and binding only to the extent that they do not violate any applicable laws and
are intended to be limited to the extent necessary so that they will not render this
Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of
this Agreement shall be held to be illegal, invalid or unenforceable by a court of
competent jurisdiction, it is the intention of the parties that the remaining provisions or
portions thereof shall constitute their agreement with respect to the subject matter
hereof, and all such remaining provisions or portions thereof shall remain in full force and
effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes
arising out of it shall be governed by the substantive and procedural laws of Spain without
regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of
Spain. The exclusive jurisdiction and venue for actions related to the subject matter
hereof shall be the courts located in Spain, and you hereby submit to the personal
jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding
arising out of or related to this Agreement. The United Nations Convention on Contracts
for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights
or obligations hereunder, in whole or in part, without our prior written consent, which
consent shall be at our own sole discretion and without obligation; any such assignment
or transfer shall be null and void. We are free to assign any of its rights or obligations
hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Services at any
time at our discretion. When we do, we will revise the updated date at the bottom of this
page. We may also provide notice to you in other ways at our discretion, such as through
the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of
the revised Agreement unless otherwise specified. Your continued use of the Services
after the effective date of the revised Agreement (or such other act specified at that time)
will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and
conditions. By accessing and using the Services you agree to be bound by this
Agreement. If you do not agree to abide by the terms of this Agreement, you are not
authorized to access or use the Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we
encourage you to contact us using the details below:
info@emiscouting.com
This document was last updated on November 29, 2022