GENERAL TERMS AND CONDITIONS OF USE
Thank you for visiting the www.emayzing.com, and any other website that we operate (to which we refer to herein, together with its sub-domains, content, and services, as a site). We are an online retail store for general-purpose products and related accessories. It is our wish that any visit to our sites and the experience of any purchase through our sites will be pleasurable as possible. By accessing our sites and/or by clicking the "I Agree" or "OK" button, you expressly acknowledge and agree that you are entering into a legal agreement with Emayzing LLC and the companies within the its group, including subsidiaries, affiliates, and/or related companies (or, collectively, we, us or our), and have understood and agree to comply with, and be legally bound by, these General Terms and Conditions of Use. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms and Conditions, please do not access our sites or make any purchases through our sites.
We reserve the right, at our discretion, to modify these Terms and Conditions at any time and from time to time. Such change will be effective in one day following the posting of the revised Terms and Conditions on the site, and your continued access or use of the site thereafter means your acceptance of any changes to these Terms and Conditions.
2. ABILITY TO ACCEPT TERMS
Our sites are not structured to attract children under the age of 13 years. If you are under 13 years please do not visit or use the site. If you are between 13 and 18 years of age, then you must review these Terms and Conditions with your parent or guardian before visiting or using our sites to make sure that you and your parent or guardian understand these Terms and Conditions and agree to them.
3. CUSTOMER ACCOUNT
During your use of our sites and in order to use our sites' services, you may choose to create an account or the Account, and by doing so you agree to provide accurate and complete personal information as required by the order page, or the Account Information, and to keep the Account Information current, accurate and complete. If you choose to register to our website, we may offer different options to create an Account, including:
(a) Online Registration Form: You may choose to complete and submit an online registration form. You will be asked to provide us with certain mandatory information such as your name and email address, and also a password that you will use to access your Account.
(b) Third Party Accounts: You may choose to create an Account by clicking on a “login with…” button that we display on our sites for a designated third party service, or the Third Party Account, such as Facebook or Google. Doing so will enable you to link your Account and your Third Party Account. If you choose this option, then you will be required to approve the connection as well as the types of information (which may include Personal Information) that we will obtain from your Third Party Account and the types of activities that we may perform in connection with your Third Party Account. Please note that in order to use this option, you will need to have, and may need to be signed-in to, an existing Third Party Account.
You agree not to create an Account for anyone else or use the Account of another without their permission. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and us, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to us at firstname.lastname@example.org. If you provide information that is untrue, inaccurate, not current or incomplete, or we have plausible suspicions that such information is inaccurate, incomplete or untrue, we reserve the right to suspend or terminate your Account and refuse your use of the site, including, but not limited to, sales resulting from the site.
5. THIRD PARTY SOURCES AND CONTENT
Our site enables you to view, access, link to, and use content from Third Party Sources (such content referred herein as Third Party Content) that are not owned or controlled by us. Third Party Source may be a third party website or service provider.
We do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third Party Content or that is communicated to you from a Third Party Source.
By using our site you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us, and release us from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
6. USER SUBMISSIONS
Our sites permit the hosting, sharing, posting, and publishing of content by you and other users (collectively, "User Submissions"). Your User Submissions may be posted to our sites, used to send commercial marketing materials to you, or otherwise be made publicly available. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason.
You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights (as defined below) in and to your User Submissions and to enable inclusion and use thereof as contemplated by these Terms and Conditions. Intellectual Property Rights means any and all rights, titles, and interests, whether foreign or domestic, in, under, and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and/or similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
You understand and acknowledge that when accessing and using our sites: (1) you will be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, correctness, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (2) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby waive, any legal or equitable rights or remedies you may have against us with respect to the foregoing subsection (1) and (2) above.
You agree that you will not send, display, post, submit, publish or transmit a User Submission that: (1) is unfair or deceptive under the consumer protection laws of any jurisdiction; (2) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (3) creates a risk to a person’s safety, health, or property, creates a risk to public safety, health, or property, compromises national security, or interferes with an investigation by law enforcement; (4) impersonates another person; (5) promotes or involves illegal activities, terrorism, drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (6) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (7) constitutes an unauthorized commercial communication; (8) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (9) breaches these Terms and Conditions.
7. CUSTOMER PURCHASES
8. CUSTOMER CONDUCT; OWNERSHIP
The (1) content on our sites, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (or collectively, the Materials), (2) and User Submissions (or together with the Materials, the Content), and (3) the trademarks, service marks and logos contained therein (or the Marks), are our property and/or our licensors’ property and may be protected by applicable copyright or other intellectual property laws and treaties. All other brands and names (including third-party product names) are the property of their respective owners. You may not use the name Emayzing, emayzing.com, the Emayzing logo or any other graphics or services terms or names that are our Marks or our affiliates' Marks on any site without our express prior written consent.
You acknowledge that all Content is copyrighted as a collective work under applicable law, including, without limitation, the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
It is forbidden under these Terms and Conditions to engage in any activity that will restrict or inhibit other users from using our sites. You shall not: (1) copy, distribute or modify any part of our sites without our express prior written authorization; (2) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content; (3) disrupt servers or networks connected to our sites; (4) use or launch any automated system (including without limitation, "robots", "spiders", or otherwise) to access our sites; (5) parse any content within our sites or copying any source code for the purpose of mimicking the look and feel of our sites; and/or (6) circumvent, disable or otherwise interfere with security-related features of our sites or features that prevent or restrict use or copying of any content or that enforce limitations on use of our sites.
9. PRODUCT DESCRIPTIONS
We have made every effort so that our sites display the dimensions and colors of our products as accurately as possible. However, the colors you see in our products will depend on your monitor. We cannot guarantee that your monitor's display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by our sites is not as described, your sole remedy is to return it unused and with the full contents in accordance with our return policy (see “Return Policy” below for additional information).
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT AND WILL NOT ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSSES OF ANY KIND OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS AND CONDITIONS OR OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SITES, OR THAT ARE RELATED TO THE PURCHASE OF GOODS OR SERVICES FROM OUR SITES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, DAMAGES OR LOSSES.
11. OTHER RIGHTS
We reserve the right to monitor areas of our sites electronically and may at our sole discretion use and/or disclose any data or communication of any kind.
We may terminate or suspend your account and your accessibility to all or part of our sites, without prior notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us.
As customer service is the most important aspect of our business, we reserve the right to deny your purchase of any product or service if it is apparent that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer to protect us to these ends.
12. TERMINATION OF TERMS
These Terms and Conditions are effective until terminated by either party with no prior written notice. If you no longer agree to these Terms and Conditions, you must stop your use of and visit our sites. You agree that any termination of your access to the site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our sites. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our sites.
13. WARRANTY DISCLAIMERS
This section applies whether or not the services provided under our sites are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent, certain exclusions set forth herein may not apply.
OUR SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT OUR SITES WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. OUR SITES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON OUR SITES BY A THIRD PARTY.
WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
WE DO NOT AND WILL NOT ACCEPT LIABILITY IN CASES WHERE CUSTOMERS PROVIDE US WITH PRESCRIPTIONS NOT SUITED TO THEIR PERSONAL CONDITION. WE ALSO WILL NOT ACCEPT PRESCRIPTIONS THAT ARE MORE THAN TWO YEARS OLD. WE HIGHLY DISCOURAGE CUSTOMERS FROM USING EYEGLASSES OR CONTACT LENSES THAT ARE NOT SUITED TO THEIR PRESCRIPTION.
14. APPLICABLE LAW
We make no representation that the Content in our sites is appropriate or available for use in other locations, and access to it from territories where its content is illegal or prohibited. Those who choose to access our site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to our site, the services provided through our sites or the Content (or a Claim) shall be governed by the internal laws of the State of Illinois and the laws the United States of America applicable therein, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the state of Illinois and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
You agree to defend, indemnify and hold us, our affiliates, subsidiaries, related companies, and our and their respective officers, directors, employees, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (1) your use of, or inability to use, our sites; (2) your User Submissions; or (3) your violation of these Terms.
16. SUBMITTED FEEDBACK
It is our desire and pleasure to hear from our customers and welcome your comments regarding our products, including our sites. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (to which we refer collectively, as Feedback), the Feedback shall be deemed and shall remain our property. None of the Feedback shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Feedback of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback, including the right to publish on the site or elsewhere and to use the Feedback, including any suggestions, ideas, etc. contained herein.
If you have any questions regarding our General Terms and Conditions of Use, please feel free to contact us via:
Postal mail: Emayzing LLC, 1699 Wall St, Suite 216, Mount Prospect, Illinois 60056.
Last updated: November 2017