TERMS OF SERVICE
OVERVIEW
This website is operated by Emma Miami. Throughout the site, the terms "we," "us," and "our" refer to Emma Miami. Emma Miami provides you, the user, with this website, including all information, tools, and services available on it, on the condition that you accept all the terms, policies, and notices set out here.
By visiting our website and/or purchasing from us, you engage our "Service" and agree to the following terms and conditions ("Terms of Service," "Terms"), including any additional terms and policies referenced here and/or available via hyperlink. These Terms apply to all users of the website, including without limitation visitors, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use the services.
Any new features or tools added to the current offering are also subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service.
SECTION 1, ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or place of residence, and that you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any viruses, worms, or any code of a destructive nature.
A breach of any of these terms will result in the immediate termination of your services.
SECTION 2, GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, excluding credit card information, may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3, ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources. Any reliance on the material on this website is at your own risk.
This website may contain historical information that, by its nature, is not current and is provided for reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our website.
SECTION 4, MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change.
We reserve the right to modify or discontinue the Service, or any part of it, at any time without notice.
We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Formation of the contract
The display of products in the online store constitutes a non-binding online catalog, not a legally binding offer. By clicking the "buy" button, you submit an offer to enter into a purchase contract. Immediately after you submit your order, an automatic confirmation is sent by email. This confirmation does not yet constitute acceptance of the contract.
SECTION 5, PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may be returned or exchanged only in accordance with our Return and Refund Policy.
We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your screen's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We may also limit the quantities of any products or services that we offer.
All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We may discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material you purchase or obtain will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6, ACCURACY OF BILLING AND ACCOUNT INFORMATION
We 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, including orders placed by or under the same customer account, the same credit card, and/or the same billing or shipping address. If we change or cancel an order, we will attempt to notify you via the email and/or telephone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions.
SECTION 7, OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or input.
You acknowledge that we provide access to such tools "as is" and "as available" without any warranties or endorsements. We assume no liability arising from your use of these tools.
Any use of these tools is at your own risk. You should familiarize yourself with, and agree to, the terms of the respective providers.
SECTION 8, THIRD-PARTY LINKS
Certain content, products, and services may include materials from third parties.
Third-party links on this website may direct you to websites that are not affiliated with us. We are not responsible for the content or accuracy of those websites and assume no liability for them.
Please review the policies of third parties before engaging in any transaction. Complaints about third-party products should be directed to the third party.
SECTION 9, USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send content, such as contest entries, or submit creative ideas without our request, you agree that we may edit, copy, publish, and use such comments without restriction and without compensation.
We may monitor, edit, or remove content that we deem unlawful, offensive, defamatory, obscene, or that violates the rights of third parties or these Terms.
You are responsible for not violating the rights of third parties and for not submitting any unlawful or harmful material.
Do not use a false email address or impersonate any other person.
You are solely responsible for your comments.
SECTION 10, PERSONAL DATA
The submission of personal data is governed by our Privacy Policy.
SECTION 11, ERRORS, INACCURACIES, AND OMISSIONS
Our website may contain typographical errors, inaccuracies, or omissions in product descriptions, pricing, promotions, shipping charges, and availability. We reserve the right to correct and change this information and to cancel orders without prior notice, even after an order has been placed.
We are not obligated to update any information unless required by law.
SECTION 12, PROHIBITED USES
You are prohibited from using the website or its content for any of the following purposes:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any regulations or laws;
(d) to infringe upon intellectual property rights;
(e) to harass, abuse, or discriminate;
(f) to submit false information;
(g) to transmit viruses or malicious code;
(h) to collect the personal data of third parties;
(i) to spam or phish;
(j) for any obscene or immoral purpose;
(k) to interfere with the security of the website or the internet.
We may terminate your access if you violate these rules.
SECTION 13, DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
You agree that we may, from time to time, suspend the Service indefinitely or discontinue it at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and services delivered to you through the Service are, except as expressly stated by us, provided "as is" and "as available" without any representation, warranty, or condition of any kind, whether express or implied, including any implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
SECTION 14, INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Emma Miami and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand made by any third party, including reasonable attorneys' fees, arising out of or related to your breach of these Terms of Service or the documents they incorporate, or your violation of any law or the rights of a third party.
SECTION 15, SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. This determination does not affect the validity and enforceability of the remaining provisions.
SECTION 16, TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date survive the termination of this agreement for all purposes.
These Terms of Service remain in effect until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or by ceasing to use our website.
If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or we suspect such failure, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
As a result, you may be denied access to our services or parts of them.
SECTION 17, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect of the Service constitute the entire agreement between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 18, GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you services will be governed by and construed in accordance with the laws of the State of Wyoming and the United States, without regard to conflict-of-law principles. Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under applicable consumer protection laws that cannot be excluded, restricted, or modified by agreement.
SECTION 19, CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
SECTION 20, CONTACT INFORMATION
Questions about the Terms of Service should be sent to support@emmamiami.com.
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