TERMS OF SERVICE-----OVERVIEW
This website is operated by Emerge Your Vision.
Throughout the site, the terms “we”, “us” and “our” refer to
Emerge Your Vision.
Emerge Your Vision 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. 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 the website following the posting of any changes constitutes
acceptance of those changes.
Our store is hosted on Vistaprint. They provide us with the
online e-commerce platform that allows us to sell our products and services to
you.
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 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 2 - 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 3 - 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 4 - 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 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 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
anytime 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 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. 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 7 - 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 8 - 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 9 - 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 10 - PERSONAL INFORMATION
Your submission of personal information through the store is
governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - 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 12 - 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 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that your use of
our service will be uninterrupted, timely, secure or error-free. We do not
warrant that the results that may be obtained from the use of the service will
be accurate or reliable. You agree that from time to time we may remove the
service for indefinite periods of time or cancel the service at any time,
without notice to you. You expressly agree that your use of, or inability to
use, the service is at your sole 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' for your use, without any representation,
warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and non-infringement. In
no case shall Emerge Your Vision, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or
licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of
any of the service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product, including,
but not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the service or any
content (or product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. 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.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Emerge Your
Vision 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 15 - 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 16 - 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 17 - 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 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby
we provide you Services shall be governed by and construed in accordance with
the laws of PO Box 8203 Citrus Heights, CA US 95621.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of
Service at any time at 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 to these Terms of
Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
emergeyourvision@gmail.com
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