Terms & Conditions of Use

This is a legal document and creates an Agreement between you, the user, and Embers Store, Inc. You must agree to be bound by the terms and conditions presented herein as a condition of using Embers Store services via the website www.embersstore.com (“Site”).

By visiting our Site, purchasing a product from us, and/or receiving support, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

SECTION 1 – BEHAVIOR

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, civil, criminal, regulatory in nature, or copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of the Services.

SECTION 2 – CANCELLATIONS & REMOVALS

Embers Store may cancel any order on the Site prior to fulfillment, including, but not limited to, orders with pricing errors (especially those of an unconscionable margin), orders with unavailable products, or orders that appear fraudulent. We may also, at its sole discretion, limit or cancel quantities purchased per person, per household or per order. Order cancellations will result in full refunds, and limited quantities will result in refunds for those portions cancelled. In the event that an order is cancelled or partially cancelled, Embers Store may attempt to notify you by contacting the e-mail and/or billing phone number provided.

Embers Store may discontinue and/or remove any product or service provided on the Site at any time without notice to you.

SECTION 3 – INTELLECTUAL PROPERTY

The contents of the Site are protected by United States copyright law and trademark law and various international treaties and agreements. Text, graphics, appearance, visual elements, design, concepts, business models, operational models, databases, collections of links, hyper text markup language (HTML) code, scripts, and all products sold and services offered are protected by United States and International Copyright Laws and Treaties, and may not be copied, published, reengineered, decompiled, translated, mirrored, hosted, or otherwise distributed by any means without explicit written permission of Embers Store.

Trademarks appearing on the Site are protected by law and you cannot use any such trademarks in any fashion without the express written permission of the trademark owner.

Your “right” to use the Site and the Services offered is subject to termination by Embers Store at any time, for any reason, without notice to you.

SECTION 4 – LIABILITY

You agree to hold Embers Store, its employees, directors, officers, investors, partners, affiliates and advertisers harmless and defend from any civil claim of any nature regarding your usage of any of the products or services provided via the Site.

Under no circumstances, including, but not limited to, negligence, shall Embers Store be liable for any special or consequential damages that result from the use of, or the inability to use, the Services offered to you via the Site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

The Services and all information, content, materials, products, and other services included on or otherwise made available to you through our Services are provided by Embers Store on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products, or other services made available through our Services, unless otherwise specified in writing.

SECTION 5 – GOVERNING LAW

This agreement whereby Embers Store provides you with Services, shall be governed by and construed in accordance with the laws of the state of Delaware.

SECTION 6 – CHANGES TO TERMS OF SERVICE

Embers Store reserves the right to update, change, or replace any part of these Terms of Service by posting updates and changes to the Site. We may also change, suspend, or discontinue the services, or any part of them, at any time without notice. Your continued use of or access to the Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.