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LEGAL STATEMENT

Effective January 01, 2017

 

TERMS AND CONDITIONS

Please carefully review the following terms and conditions (“Terms”) that govern your use (including access, browsing and/or use of any interactive features) and purchase of products from the Sites (as defined in our Privacy Policy).

Note that the use of the Sites is subject to these legally binding Terms and constitutes your agreement to be bound by those Terms. We reserve the right to change the Terms at any time. Any changes will be posted on the Sites and you agree to be bound by such changes. Interpretation of the Terms remains at the sole discretion of EMMA CHAI, whose decision will be final.


1. PRIVACY

Please read our Privacy Policy, which governs how we handle any personal information that you provide to us. The Privacy Policy is subject to the terms and conditions of this Legal Statement


2. LIMITATION ON LIABILITY

Use of and browsing in the Sites is undertaken at your own risk. EMMA CHAI makes no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.


3. OWNERSHIP RIGHTS & USE OF SITES MATERIALS

EMM CHAI, LLC (“EMMA CHAI”) own all right, title and interest in and to the Sites and/or own the content and applications of the SITES, including on third party social medial websites.

EMMA CHAI owns all copyrights of all material on the Sites and all trademarks, service marks, trade names, logos and domain names used on or in connection with the Sites.

EMMA CHAI has a valid right from a third party to use the material on the Sites. Any modification or use of the materials from the Sites for any purpose not explicitly permitted is a violation of EMMA CHAI’s copyright and other proprietary rights.

No part of the Sites or any related software may be framed, unauthorized linked, copied, reproduced, republished, uploaded, posted, published, modified, transmitted or distributed in any way whatsoever, except for viewing purposes and purchasing of merchandise from EMMA CHAI’S website.


4. STATE OF NEW YORK

By visiting the Sites, you hereby agree to the laws of the State of New York, without regard to its conflict of laws, will govern any disputes of any type between you and EMMA CHAI or any of its affiliates, subsidiaries, agents, employees, officers, board members, and any disputes or claims relating to the Privacy Policy and these Terms. You understand that by agreeing to this arbitration provision you are waiving your right to other dispute resolution processes, including but not limited to a court action or a class action. You agree not to raise the defense of forum non conveniens. All disputes will be resolved in arbitration. If you initiate a litigation or any proceedings against EMMA CHAI is a violation of Section 4 in Terms, you agree to pay or reimburse EMMA CHAI for the costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.


5. PRICES

Prices shown on EMMA CHAI’s website do not include taxes. At EMMA CHAI’s sole discretion, prices remain subject to change without prior notice. Prices provided are not binding.   


6. LINKS

See Section 2 of our Privacy Policy.


7. ACCURACY OF INFORMATION

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information any time without prior notice


8. NO WAIVER

The failure on the part of EMMA CHAI to enforce any part of these Terms shall not constitute a waiver of any of it’s rights hereunder for past or future actions.


9. CREDIT CARD PROCESSING

EMMA CHAI reserves the right to request further identification for credit card and debit card processing on orders placed with us. We may refuse any order or decline any transaction due to reasons include orders. You will be notified in the event we cancel or change an order.


10. AGREEMENT

By using the Sites, you acknowledge and agree that these Terms, along with EMMA CHAI’s Privacy Policy, constitute the entire agreement between you and EMMA CHAI with respect to the use of the Sites.

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