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Terms and Conditions

Effective date: October 1st, 2020

 

OVERVIEW 

The website www.embeba.com is operated by EmBeba . Throughout the site, the terms “we”, “us” and “our” refer to EmBeba . EmBeba offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

 

These Terms and Conditions govern your use of the website and the mobile applications or other online services where these Terms and Conditions are posted (collectively, the “Website”) and inure to the benefit of our representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents are intended third-party beneficiaries.  Unless explicitly stated otherwise, any new tools or applications that alter or improve the current Website will be included in the definition of “Website.” Your use of the Website is subject to these Terms and Conditions, which you acknowledge, agree to and consent to by using the Website. These Terms and Conditions include our Privacy Policy.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “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. 

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

 

Any new features or tools which are added to the current store shall also be subject to the 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 by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.  

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. By placing a purchase through this site, you are agreeing to Shopify’s Privacy Policy, and Data Processing Addendum.   

 

SECTION 1 – ACCESSING THE WEBSITE

You may access portions of the Website without registering. However, in order to access some portions and features of the Website, and to make purchases, you will be required to register an account with and sign into the Website. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign into the Website, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at info@embeba.com If you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.

 

SECTION 2 – 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 province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to 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 your Services. 

 

SECTION 3 – INTELLECTUAL PROPERTY RIGHTS

Any trademarks, taglines, and logos displayed on this website are trademarks belonging to us, or are licensed to us for our use, unless otherwise indicated. Other trademarks, service marks, names, and logos used on or through the Website, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.  Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein. 

 

All rights not expressly granted in these terms or any express written license, are reserved by us.

 

SECTION 4 – GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time.  You understand that your content (not including 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, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

 

SECTION 5 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

 

SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

 

SECTION 7 – 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 are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

 

SECTION 8 – 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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone 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. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed. 

 

For more detail, please review our Returns Policy.

 

SECTION 9 – OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

 

SECTION 10 – THIRD-PARTY LINKS 

Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

 

SECTION 11 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS 

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

 

SECTION 12 – SECURITY

 When you use this website to purchase our products, We may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”). 

 

When you provided such Confidential Information to us, you granted us permission to use and store such Confidential Information for as long as is reasonably necessary to perform the function for which the information was provided.  We, in turn, will use our best efforts to keep your Confidential Information safe, secure, and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or Program Materials, we take measures to protect the security of your Confidential Information both online and offline. 

 

However, due to the nature of the Internet, We cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore, submitting Confidential Information, data or other information is done at your own risk.

 

We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but We make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

 

For more information about what data We collect and how We process, store and protect such information, please refer to our Privacy Policy.

 

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

 

SECTION 14 – PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

 

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; RELEASE OF CLAIMS 

By purchasing and/or using our Products or Website you implicitly agree to the following Disclaimers:

  

Warranties Disclaimer. 

YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS, WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

 

WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

Limitation of Liability. 

To the extent allowed by law, We will not be held responsible or liable to you in any way for any loss or damage of any sort incurred as a result of the following: DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU; MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER; IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU; THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITE.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. The warranty disclaimers and liability limitations of this section do not apply to New Jersey subscribers.

 

Release of Claims. 

In no event will We be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our website, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if We are expressly advised of the possibility of such damages or difficulties. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.  IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

If you have a dispute with any party who provides advertising or third-party services on or through the Website, or with any party who provides a website linked to on the Website, you release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. 

 

SECTION 16- Limited Product Warranty; Product Discalimers and Liability Limitation

We warrant to you that any Product purchased from us through this Website will, on delivery, substantially conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. If you feel that We have not met the warranty in the previous sentence, you may request a refund pursuant to our refund policy, as outlined above.

 

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, WE HEREBY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL IN NO EVENT BE LIABLE FOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THE PRODUCTS OR THIS WEBSITE WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS. THIS WILL CONSTITUTE OUR SOLE LIABILITY, IF ANY, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

 

SECTION 17 – FORCE MAJEURE

We will not be liable or responsible for any failure to perform or for any delay in performance of any of our obligations under an order that is caused by events outside our reasonable control (“Force Majeure Event”).

 

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: an Act of God; natural disaster; act of war, terrorism, riot or invasion; the declaration of a State or Federal State of Emergency (in either Massachusetts or in the product delivery state, or a state or geographic area affecting delivery routes and carriers); the issuance of an Executive, Judicial, or Legislative Order or Advisory, act or legislation which directly affects our ability to operate or perform under this Agreement, including quarantines or other acts or actions related to a pandemic; Strikes, lock-outs or other industrial action; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and Impossibility of the use of public or private telecommunications networks.

 

Our performance under any order is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our commercially reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under the order may be performed despite the Force Majeure Event.

 

SECTION 18 – INDEMNIFICATION 

You agree to indemnify, defend and hold harmless EmBeba and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

 

SECTION 19 – DISPUTE RESOLUTION

It is hoped that in the event of a dispute, that you and We would be able resolve it amicably through e-mail correspondence. However, should a resolution not be achieved within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.  We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

 

By purchasing our Products or using the Website, you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to us referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. 

 

You also agree that should arbitration take place, it will be held in Essex County, Massachusetts, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

 

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

 

If any terms of these Terms and Conditions are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

 

SECTION 20 – SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

 

SECTION 21 – TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and 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 when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

 

SECTION 22 – ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

 

SECTION 23 – GOVERNING LAW 

Unless otherwise expressly stated herein, these Terms of Service and any separate agreements whereby we provide you Services, your use of the Website, and all matters relating to your access to, and/or use of, the Website, including all disputes between you and us shall be governed and construed under the laws of the United States of America and the laws of the Commonwealth of Massachusetts, without regard to the principles of conflicts of laws. You also agree that the Website will be deemed solely based in Massachusetts.

 

SECTION 24 – CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at info@Embeba.com.

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