Terms of Service

Introduction

Welcome to Emberly, an ecommerce platform dedicated to providing clean-label, organic personal care products. By accessing or using our services, you agree to comply with and be bound by the following Terms of Service. Please read them carefully. If you do not agree to these terms, you must not use our services.

Disclaimer: This document serves as a template and should be reviewed by a licensed attorney to ensure compliance with applicable laws.

Acceptance of Terms

• By clicking "I Agree" or by accessing or using our services, you affirm that you are at least 18 years old and capable of entering into a legally binding agreement.
• If you are using these services on behalf of a company or other entity, you represent that you have the authority to bind such entity to these terms.

Description of Service

• Emberly offers a range of organic, clean-label personal care products including shampoos, conditioners, body washes, hair oils, cleansing foam, candles, and accessories. We operate a quarterly subscription box ($70 per quarter, shipping included), complemented by a-la-carte product sales and a tiered affiliate program.
• We reserve the right to modify or discontinue any features of our services at any time without notice.

User Accounts and Registration

• You may be required to create an account to access certain features of our services. You agree to provide accurate and complete information during the registration process.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Emberly reserves the right to suspend or terminate your account if any information provided during registration is found to be inaccurate or if you are suspected of engaging in prohibited conduct.

User Content and Conduct

• By submitting content to Emberly, you grant us a non-exclusive, royalty-free, transferable license to use, reproduce, and display such content.
• Prohibited conduct includes but is not limited to: engaging in fraudulent activities; violating any applicable laws or regulations; uploading content that is offensive, harmful, or infringes on the rights of others.
• We reserve the right to remove any content that violates these terms or is otherwise objectionable.

Intellectual Property Rights

• Emberly retains all intellectual property rights in our services and products. You are granted a limited, non-transferable license to access and use our services for personal, non-commercial use.
• Any unauthorized use of our intellectual property is strictly prohibited.

Payment Terms

• Subscription pricing is set at $70 per quarter, with shipping included.
• Payments are processed by Denovo, our merchant of record.
• Subscription auto-renews unless cancelled prior to the renewal date. California residents should refer to Cal. Bus. & Prof. Code 17600 for specific disclosures.
• Refunds are issued in accordance with our refund policy, which includes exceptions for allergic reactions and broken items.

Disclaimers and Limitation of Liability

• Our products and services are provided "AS IS" without warranties of any kind.
• Liability is capped at the total fees paid by you in the 12 months preceding any claim.
• We are not liable for any indirect, consequential, incidental, or punitive damages.

Indemnification

• You agree to indemnify, defend, and hold harmless Emberly and its affiliates from any claims, damages, or expenses arising from your misuse of our services or violation of these terms.

Dispute Resolution

• All disputes will be resolved through binding arbitration under the rules of the American Arbitration Association (AAA) or JAMS.
• You waive the right to participate in class action lawsuits.
• Small claims court remains an option for qualifying claims.

Termination

• Emberly reserves the right to terminate your access to our services for any breach of these terms.
• Upon termination, your rights to use the services will cease immediately, but certain provisions may survive, including intellectual property rights and indemnification obligations.

Governing Law

• These terms are governed by the laws of the State of Oklahoma, without regard to its conflict of law principles.

Changes to Terms

• We may update these terms from time to time. We will notify you of any material changes via email or through our website.
• Your continued use of our services following any changes signifies your acceptance of the new terms.

Severability

• If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Thank you for choosing Emberly. We are committed to providing you with high-quality, sustainable personal care products. If you have any questions regarding these terms, please contact us at emberly.jbaker@outlook.com.