Terms of service

Last updated October 2, 2026

Agreeing to these terms

These terms are an agreement between you and Emermark LLC ("Emermark", "we", "us"). They cover the Emermark website at emermark.com and the Emermark client portal at portal.emermark.com, together "the services". By using the services you agree to these terms. If you do not agree, please do not use them.

If you use the services on behalf of a company or other organization, you confirm that you have the authority to accept these terms for it, and "you" includes that organization.

Client work is covered by its own agreement

These terms cover the website and the portal only. Any work we do for a client, such as design, development, security, infrastructure or managed services, is governed by the written agreement signed for that work. If that agreement and these terms disagree, the signed agreement controls.

Nothing on the website is an offer to provide a service on particular terms. The website describes what we do. The commitments we make to a client are the ones in their agreement.

Using the services

You may use the services for lawful purposes only. You agree not to:

• Break any law that applies to you, or use the services to harm anyone.
• Try to gain access to accounts, systems or data that you are not authorized to use.
• Probe, scan or test the services for weaknesses without our written permission.
• Interfere with the services, for example by overloading them, or by sending malicious code.
• Collect content or data from the services by automated means, other than ordinary search engine indexing.
• Send us false information, or pretend to be someone you are not.
• Use our forms or email addresses to send spam or unsolicited advertising.

You must be at least 18 years old to use the services.

Client portal accounts

The portal is for Emermark clients and the people they authorize. If you have an account:

• Keep your sign-in details to yourself, and use the additional sign-in protection the portal offers.
• Keep your account and contact information accurate.
• Tell us straight away at [email protected] if you think someone else has used your account.
• You are responsible for what is done through your account until you tell us it has been compromised.

We may suspend or close an account that is used in breach of these terms, that puts the portal or other clients at risk, or that belongs to someone who no longer works with the client it was created for.

What you send us

When you send us a message, a request or a file, you confirm that you have the right to send it, and you allow us to use it to respond to you and to provide our services. Please do not send passwords, payment card numbers or other sensitive information through the website's contact forms.

How we handle personal information is explained in our privacy policy and our cookie policy.

Our content

The services and everything in them, including the text, design, graphics, logos and code, belong to Emermark or to those who license them to us, and are protected by copyright, trademark and other laws. "Emermark" and the Emermark logo are our trademarks.

You may view the website and share links to it. You may not copy, republish, sell or build on our content without our written permission. Work we deliver to a client is owned as set out in that client's agreement.

Links to other websites

The services may link to websites we do not run. We are not responsible for their content or for how they handle your information, and a link is not an endorsement.

No professional advice

The website gives general information about technology and about our services. It is not advice for your particular situation, and you should not rely on it as such. Advice comes from an engagement, where we have looked at your circumstances.

Disclaimers

The services are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the services will be uninterrupted, error free or secure, or that the information on the website is complete or current.

Limits on liability

To the fullest extent the law allows, Emermark and its owners, employees and contractors are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising from your use of the services or your inability to use them.

To the fullest extent the law allows, our total liability for any claim arising from the services or these terms is limited to one hundred US dollars. This section does not limit liability that cannot be limited by law, and it does not change what a signed client agreement says about the work it covers.

Indemnity

You agree to cover Emermark for claims, losses and reasonable costs, including legal fees, that result from your breach of these terms or your misuse of the services.

Governing law

These terms are governed by the laws of the State of Iowa, without regard to its rules on conflicts of law. Any dispute about these terms or the services will be brought in the state or federal courts located in Polk County, Iowa, and you and we agree to the jurisdiction of those courts.

Changes and ending

We may change the services, or stop offering any part of them, at any time. We may also update these terms. When we do, we change the date at the top, and the updated terms apply from then on. If you keep using the services after a change, you accept the updated terms.

These terms stay in force for as long as you use the services. The sections on our content, disclaimers, limits on liability, indemnity and governing law continue to apply afterwards.

General

If a court finds part of these terms unenforceable, the rest stays in effect. If we do not enforce a term, that is not a waiver of it. Apart from any signed client agreement, these terms and the policies they refer to are the whole agreement between you and us about the services.

Contact

Questions about these terms can be sent to [email protected]. Emermark LLC, Des Moines, Iowa.