The Website Content of the Site are the property of Emerge and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with Emerge, you are required to get written permission from Emerge on use of any Website Content of the Site.

• A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
  
  
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  
  
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  
  
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  
  
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
  
  
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
  
  

• You acknowledge that the Confidential Information (defined below) which it obtains through the entering into of this Agreement, the use of the Site and Membership sections constitutes valuable, confidential, proprietary information of Emerge and its licensors, and agrees that during the term of this Agreement and thereafter it shall not, without the express written consent of Emerge, use or disclose to any other person any such Confidential Information, except as specifically authorised under this Agreement.
  
  
• For the purposes of this Agreement, "Confidential Information" means any and all data, information, documents, software or materials relating to the business and management of Emerge, its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, identities or personal information of any kind pertaining to members, clients, methodologies, Site content belonging to others and other intellectual property.
  
  

The Site may contain links to third party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, application, software an other content or items belonging to or origination from third parties ("Third Party Websites and Contents") that are not owned or controlled by EMERGE. EMERGE has no control over, and assumes no responsibility for, the content, accuracy, offensiveness, opinions, reliability, privacy policies, or practices of any Third Party Websites and Contents. In addition, EMERGE will not and cannot censor or edit the content of any Third Party Websites and Contents. By using the Website, you expressly relieve EMERGE from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the Site, and to read the terms and conditions and privacy policy of each other website that you visit. When you access the other websites, you do so at your own risk and you should be aware that our terms and policies no longer govern.

You agree to indemnify, defend and hold Emerge, its affiliates, its Content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "Emerge Parties") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any Emerge Party as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.

EMERGE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

IN NO EVENT SHALL EMERGE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS MEMBERSHIP AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF EMERGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, EMERGE’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS MEMBERSHIP AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) RINGGIT MALAYSIA.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF EMERGE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The Site is controlled, operated and administered by Emerge from within the Malaysia. The Site can be accessed from within Malaysia, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Malaysia, you acknowledge and agree that this Agreement will be governed under the laws of Malaysia and the federal laws of Malaysia applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Malaysia with respect to the subject matter of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the membership portions of the Site. You agree to waive any right you may have to (i) trial by jury; and (ii) to commence or participate in any class action against Emerge related to the Site or this Agreement.

Any dispute or conflict between the Parties shall be settled by arbitration before a single arbitrator under the auspices of the Kuala Lumpur Regional Centre for Arbitration and conducted in accordance with the UNCITRAL Rules. Such arbitration shall be presided by one arbitrator who shall be appointed by the Parties. Should the Parties be unable to agree to the appointment of an arbitrator, the Director of the Kuala Lumpur Regional Centre for Arbitration shall appoint the arbitrator. The arbitration shall be final and binding on the Parties. Any arbitral decision made pursuant to this clause may be enforced by any court of competent jurisdiction. Notwithstanding the terms above or any contrary provisions of the UNCITRAL Rules, at any time before and after a demand for arbitration has been presented, the Parties shall be free to apply to any court of competent jurisdiction for interim or conservatory measures (including temporary conservatory injunctions). The Parties acknowledge and agree that any such action by a Party shall not be deemed to be a breach of such Party’s obligation to arbitrate all disputes or infringe upon the powers of any arbitration tribunal. Pending the outcome of the arbitration, the Parties shall continue with their responsibilities under this Agreement which are not affected by the said dispute or difference.

If Emerge is obligated to go to court or arbitration to enforce any of its rights, or to collect any fees, you agree to reimburse Emerge for its legal fees, costs and disbursements if Emerge is successful.