Terms & Conditions
By viewing, accessing, and/or using in any way Emily P. Wheeler’s website, http://www.emilypwheeler.com/, (the “Services”) or by purchasing products sold on http://www.emilypwheeler.com/ (the “Products”) you expressly agree to the following terms and conditions (the “Terms and Conditions”) detailed below.
Your use of the Services and/or purchase of any Products signifies your acceptance of these Terms and Conditions and constitutes a legally binding acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions you are not allowed to access or use the Services or purchase any Products. Emily P. Wheeler reserves the right to modify, alter and update the content of these Terms and Conditions at anytime.
This is a legal agreement between you and Emily P. Wheeler’s for use of any of the Services or purchase of any of the Products. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Emily P. Wheeler is intended or created by these Terms and Conditions. Emily P. Wheeler’s relationship to you is that of an independent contractor, and neither you nor Emily P. Wheeler is an agent or a partner of the other. Emily P. Wheeler will not have, and will not represent to any third party that she has, any authority to act on your behalf.
Subject to the terms of these Terms and Conditions, Emily P. Wheeler hereby grants to you, during the term of these Terms and Conditions, a limited license to access and use the Services offered on http://www.emilypwheeler.com/ for your personal information, and to use any of the Products for your own personal use. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content on http://www.emilypwheeler.com/, Services thereon, or any Products without the express prior written consent of Emily P. Wheeler.
All Products sold by Emily P. Wheeler are sold subject to these Terms and Conditions which form part of your contract with Emily P. Wheeler for the sale and purchase of any Products. You agree to pay the then-current price as of the time of your purchase for any Product you purchase from http://www.emilypwheeler.com/. All prices are subject to change without notice. Any electronic payments made to Emily P. Wheeler for any Products will be processed via the Stripe application. More information about Stripe can be found here: https://stripe.com/. By purchasing Products, you hereby agree to have your payment processed by, and to allow the sharing of any payment information you share with Emily P. Wheeler (including, but not limited to, you credit card number, address, phone number, etc.) to also be shared with Stripe.
Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Service. Furthermore, the Services are not available to minors (under 18 years of age). Therefore, minors are not authorized users. If you do not qualify as an authorized user, you are not permitted to use the Services or to purchase any Products, and no contract will be formed between you and the Emily P. Wheeler.
We do not seek or knowingly collect any personal information about children under 18 years of age. If we become aware that we have unknowingly collected personal information from a child under the age of 18, we will make commercially reasonable efforts to delete such information from our database.
You will not use the Services: (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose; (b) to create any virus, worm, Trojan horse, or harmful code; (c) for any illegal or unauthorized purpose; (d) to violate any laws in your jurisdiction (including but not limited to patent, copyright, trademark, or other intellectual property laws); or (e) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network.
You acknowledge and agree that your access and use of the Services and your use and purchase of the Products is at your own risk. EMILY P. WHEELER MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, RELATING TO THE SERVICES AND PRODUCTS ON http://www.emilypwheeler.com/ INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING OUT OF THESE TERMS AND CONDITIONS.
Emily P. Wheeler does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any third party service providers that may have links to or from http://www.emilypwheeler.com/. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any such third party service provider, Emily P. Wheeler is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any third party service provider and any other terms, conditions, representations or warranties associated with such dealings, are between you and such third party service provider exclusively and do not involve Emily P. Wheeler, even if such dealings originated from links on http://www.emilypwheeler.com/. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging third party service providers.
You are entitled to a full refund for any Products you have purchased and returned within seven (7) days of receipt. Shipping costs associated with your purchase will not be refunded, and you will be responsible for any shipping costs associated with returning the Products.
FedEx Two Day: Ships to United States. Flat rate of $20 per order, $0 per item.
All right, title, and interest in and to the Services and Products (except for Products purchased by you) are and will remain the exclusive property of Emily P. Wheeler and its licensors. The Services and Products are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives you a right to use Emily P. Wheeler’s name or any of her trademarks, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services or Products belongs to Emily P. Wheeler or its third party licensors. Accordingly, any part of the Services or Products (or its source HTML or any other code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services or Products for your own personal use. For clarity, this means that you may only display http://www.emilypwheeler.com/ on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the Services, and you may NOT reproduce the designs of the Products.
All content included in the Services and Products, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, jewelry designs, and software, is the property of Emily P. Wheeler or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Services is the exclusive property of Emily P. Wheeler and protected by United States and international copyright laws. All information provided by Emily P. Wheeler is the property of Emily P. Wheeler and is protected by United States and international copyright laws. All Product designs are the property of Emily P. Wheeler, and are protected by United States and international laws.
Cancellation, Termination, or Modification
These Terms and Conditions are effective immediately upon your earliest access or use of the Services and will remain effective until you permanently discontinue use of the Services. Emily P. Wheeler reserves the right to refuse service to anyone for any reason at any time. Emily P. Wheeler, in her sole discretion, retains the right to suspend or terminate your account and/or refuse any and all current or future use of the Services, for any reason at any time. Without limiting other remedies, Emily P. Wheeler may or refuse to provide the Services to you if you breach any of the Terms of Service, and/or Emily P. Wheeler believes that your actions are impermissible or may create legal liability for us.
Termination of the Services for these circumstances will result in you being prohibited from accessing any Services or purchasing any Products. Abuse or excessively frequent requests to Services may result in the temporary or permanent suspension of your access to the Services. Emily P. Wheeler, in her sole discretion, will determine abuse or excessive usage. Emily P. Wheeler may change, suspend or discontinue the Services totally or partially for any reason, at any time, including the availability of any feature. Emily P. Wheeler may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Unless earlier terminated as provided above, these Terms and Conditions will remain in effect until terminated, at will, by either party.
Limitation of Liability
Emily P. Wheeler accepts no liability for omissions, and reserve the right to change or alter the content of the Services at anytime. Emily P. Wheeler does not make any warranty that the Services or Products are free from infection from viruses or other defects; nor does any provider of content to the site or their respective agents make any warranty as to the results to be obtained from use of the site.
Emily P. Wheeler’s aggregate liability arising out of your use of the Services will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past three months. 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. In such cases, the Emily P. Wheeler’s liability will be limited to the fullest extent permitted by applicable law.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EMILY P. WHEELER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS.
YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, INLCUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Emily P. Wheeler, and her employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the Services or Products, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature including but not limited to any liability arising from or resulting by infringement of intellectual property laws or civil or criminal claims. Emily P. Wheeler shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of Services and Products. You will defend, indemnify, and hold Emily P. Wheeler, her employees, officers, agents, or other partners from and against any third-party claims arising from or in any way related to any Services or Products, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. If anyone brings a claim against Emily P. Wheeler related to your use of the Services and/or Products, you will indemnify and hold Emily P. Wheeler harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
Notices and Electronic Notices
When you visit http://www.emilypwheeler.com/or send e-mails to Emily P. Wheeler, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All claims and disputes arising under or relating to these Terms and Conditions are to be settled by binding arbitration in the state of California. An award of arbitration may be confirmed in a court of competent jurisdiction.
You and Emily P. Wheeler agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you and Emily P. Wheeler agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void.
If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you and Emily P. Wheeler waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) your right to serve in a representative capacity in any class or consolidated basis. Neither you nor Emily P. Wheeler shall disclose the existence, contents, or results of any arbitration except to the extent required by law.
All waivers must be in writing. The failure of Emily P. Wheeler to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision or any other right or provision on any other occasion.
If any provision of these Terms and Conditions is unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
The laws of your country may be different from those of California and the United States in numerous respects. There is no practical way for Emily P. Wheeler to monitor the laws of every country in detail. You accept sole responsibility for the legality of your actions under laws applying to you.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California. For claims not brought under arbitration proceedings in accordance with the Binding Arbitration section above, the parties agree that any claim asserted in any legal proceeding by one party against the other will be commenced and maintained exclusively in the courts of San Francisco County or the Northern District of California. Both parties hereby submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum.
Unless explicitly stated otherwise, any new features that augment or enhance the current Services, shall be subject to the Terms and Conditions.
Emily P. Wheeler reserves the right, at her sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Services and Products following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the new terms, please stop using the Services and/or Products.
Questions about the Terms and Conditions should be sent to Emily P. Wheeler at email@example.com