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Signed in as:
filler@godaddy.com
Welcome to Emerald Inspirations! Emerald Inspirations, LLC (“we” or “us” or “Emerald Inspirations”), is a company operating out of the State of Georgia in the United States of America. Emerald Inspirations exists to provide designed products, including, but not limited to, greeting cards, and creative projects, to the general public.
We welcome you to review the products offered through our website. Before You participate, however, we ask that You please read these Terms of Use and our Privacy Policy (collectively referred to as the “Terms of Use”) fully and carefully before using https://emeraldinspirations.com/ (the “Site”) and the services, features, information, content, or products offered by us (together with the Site, the “Services”).
The term “You” or “Your” or “User” or “Users” shall refer to any person or entity who views, uses, accesses, browses, or submits any content or material to the Site. These Terms of Use set forth the legally binding terms and conditions for your use of the Site and the Services. We take the privacy of our users very seriously. For our current Privacy Policy, please click here.
These Terms of Use tell You about our offerings through our website, our relationship to You as a user, and the rights and responsibilities that guide us both.
I. Acceptance of Terms of Use.
a. By creating an account or otherwise using the Services in any manner, You expressly acknowledge and agree that You are entering into a legal agreement with Emerald Inspirations, and have understood and agree to comply with, and be legally bound by, the terms and conditions of these Terms of Use, and all other operating rules, policies and procedures that may be published from time to time via the Services by us. While we will timely provide notice of modifications, it is also Your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Use constitutes acceptance of those changes, which will apply to Your continued use of the Services going forward. Your use of the Services is subject to the Terms of Use in effect at the time of such use. If You do not agree to be bound by these Terms of Use, please do not use our Services.
b. These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
II. Eligibility. If you are under age 18, You may not, under any circumstances or for any reason, use the Services. The right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation. Further, the Services are offered only for Your use, and not for the use or benefit of any third party.
III. Registration. To access the Services, You must be eligible and register for an account on the Services (an “Account”). You must provide accurate and complete information and keep Your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than You without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene or do anything illegal in the creation or use of the Account. You are solely responsible for the activity that occurs on Your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services. You shall not publish, distribute, or post Your or third parties log-in information of any Account. You have the right to delete your Account, either directly or through a request made to Emerald Inspirations.
IV. Content.
a. Notices and Restrictions. The Services provided by us, our partners or our users are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
b. Availability of Content. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any of the Services in our sole discretion, at any time, without notice to You and for any reason, or for no reason at all, and (ii) to remove or block any User from the Services for any reason or no reason at all, including, but not limited to violation of these Terms of Use or Privacy Policy.
V. Intellectually Property Rights.
a. Ownership. You acknowledge and agree that Emerald Inspirations retains all right, title, interest, ownership rights and Intellectual Property Rights in and to the Services. We reserve all rights not expressly granted herein to the Services. “Intellectual Property Rights” means any and all rights, titles and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, feedbacks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
b. Use. The Services are provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our
prior written consent.
VI. Rules of Conduct.
a. As a condition of use, You promise not to use the Services for any purpose that is prohibited by these Terms of Use and/or under law. You are responsible for all of your activity in connection with the Services.
b. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of the Services offered by us in a manner which would infringe upon any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty.
c. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
VII. Third Party Services. To the fullest extent permitted by applicable law, the Services may permit You to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When You access third party resources on the Internet, You do so at your own risk. These other resources are not under our control, and You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
VIII. Payments and Billing.
a. Billing. When You chose to use a credit card for Your payment, we use a third-party payment processor (the “Payment Processor”) to bill You through a payment account linked to Your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Use. We are not responsible for error by the Payment Processor. By choosing to purchase any of our offered Services, You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Services in accordance with the applicable payment terms and You authorize us, through the Payment Processor, to charge Your chosen payment provider (Your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
b. Payment Method. The terms of Your payment will be based on Your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of Your chosen Payment Method. If we, through the Payment Processor, do not receive payment from You, Your account will be suspended or terminated.
c. Product Orders. All products, specifications, subscriptions and prices described on the Services are subject to change at any time without notice. Prices for the products are intended to be displayed in U.S. Dollars. Prices do not include any tax, value added tax or other governmental charge or assessment on the sale, shipment, production or use of any products hereunder. The applicable shipping rates will be displayed during the checkout process. Products purchased via the Services will be shipped to the address You designate as the shipping address during the check-out process. Shipping will be made on date(s) selected by us. All items will be packed for shipment and shipped in accordance with our standard practices. We shall not be liable for any damages or penalties for delivery delay or for failure to give notice of delay.
IX. Returns. No returns or refunds. For questions regarding an order, email: email@emeraldinspirations.com. Only shipping related issues will be eligible for exceptions to the return policy. Exceptions related to shipping can be considered within 14 days of the purchase/order date. Please include a copy of your order, along with your return tracking number. Return shipping costs are Your responsibility.
X. Current Information Required. It is critical that You provide current, complete and accurate information on Your billing account. It is Your sole responsibility to update all the information promptly upon any change, and ensure that it is accurate prior to purchasing any Services. For clarity, the information to be updated includes, but is not limited to, Your billing address, mailing address, credit card number, credit card expiration date. You are also required to promptly notify us or our payment processor if your payment method is cancelled because of loss or theft, or if you become aware of a potential security breach, such as the unauthorized disclosure or use of your username or password.
XI. Termination. These Terms of Use shall be effective until terminated by us or You. We reserve the right, at any time, with or without notice, to: (i) discontinue or modify any aspect of the Services; and/or (ii) terminate these Terms of Use and Your use of the Services with or without cause, and shall not be liable to You or any third party for any of the foregoing. If You object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the platform in any way, Your only remedy and recourse is to immediately discontinue use of the Services.
XII. Termination of your account. If You wish to terminate your Account, You may do so by following the instructions:
a. Contact Emerald Inspirations by emailing a request to email@emeraldinspirations.comwith “TERMINATION OF ACCOUNT” typed in the subject line of the email. It will take at least 48 hours to successfully terminate and delete Your account information.
b. Additionally, please be advised that GoDaddy’s Privacy Policy also applies to You as a customer of Emerald Inspirations. The GoDaddy Privacy Policy can be referenced online as needed: Privacy Agreement - GoDaddy
c. For additional customer support, GoDaddy can be reached by calling (480) 366-3550.
d. If Your account is terminated, any fees paid hereunder are non-refundable. All provisions of these Terms of Use which, by their nature should survive termination, shall, in fact, survive termination, including, without limitation, this section, licenses of User Content, ownership and intellectual property rights provisions, warranty disclaimers, assignment, privacy, indemnity, and limitation of liability. Please refer to our Privacy Policy, as well as the other sections of these Terms of Use, to understand how we treat information You provide after You have stopped using our Services.
XIII. Warranty Disclaimer.
a. To the maximum extent permitted by law, You release us from all liability from any of the Services. Emerald Inspirations makes no representations concerning any Services.
b. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ACKNOWLEDGE AND AGREE TO SUCH A DISCLAIMER OF WARRANTIES. FURTHERMORE, YOU AGREE THAT EMERALD INSPIRATIONS WILL NOT BE HELD RESPONSIBLE FOR ANY FAILURE OF THE SERVICES TO MEET YOUR EXPECTATIONS.
c. To the extent that any goods purchased through Emerald Inspirations’ website are damaged in transit to You, then Emerald Inspirations may, in its sole and exclusive discretion, allow for a return of the goods and refund of monies paid, or Emerald Inspirations may issue a replacement. You are required to supply Emerald Inspirations with proof of purchase (order number) and proof of delivery (tracking number), and evidence of the damaged goods before any such action will be taken by Emerald Inspirations.
d. All risk of loss of or damage to Services purchased shall be assumed by You upon our delivery of such products to the carrier for shipment to You. Any and all claims by You for damage, loss or delays in transit shall be made by You against the carrier (with notice thereof to us), and Emerald Inspirations shall have no responsibility or obligation with respect to any such damage, loss or delay.
XIV. Indemnification. You shall defend, indemnify, and hold harmless Emerald Inspirations, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use or misuse of, or access to, the Services, violation of these Terms of Use, or infringement by You, or any third party using Your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in asserting any available defenses.
XV. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW: (A) IN NO EVENT SHALL EMERALD INSPIRATIONS, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES. This limitation of liability specifically includes lost profits and special, direct, indirect, incidental, punitive, compensatory, and consequential damages of any kind whatsoever. In any event, the liability of Emerald Inspirations to You shall be limited to the greater of (A) the total amount paid by You to us in the six (6) months immediately preceding the incident which gives rise to liability, or (B) $500.00.
XVI. Class Action Waiver. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ACTION OR ARBITRATION, OR ANY CONSOLIDATION OF INDIVIDUAL CLASS ACTIONS OR ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This Class Action Waiver will survive the termination of Your relationship with us.
XVII. Statute of Limitation for Claims against Emerald Inspirations. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or the Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned. This Statute of Limitations clause will survive the termination of Your relationship with us.
XVIII. Governing Law and Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the exclusive jurisdiction and venue of the Superior, State or Magistrate Courts located in Pickens County, Georgia.
XIX. Entire Agreement. These Terms of Use are the entire agreement between You and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between You and us with respect to the Services.
XX. Severability. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable.
XXI. No Waiver. The failure of either party to enforce any part of these Terms of Use shall not constitute a waiver to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that Emerald Inspirations will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide You with written notice of such waiver through one of our authorized representatives.
XXII. Force Majeure. Emerald Inspirations shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, acts of God, civil uprisings, pandemics, or mechanical, electronic or communications failures.
XXIII. Assignment. These Terms of Use are personal to You, and are not assignable, transferable, or sub-licensable by You except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without Your consent.
XXIV. Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@emeraldinspirations.com.
XXV. Headings. The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.
Contact. You may contact us at the following address:
Emerald Inspirations, LLC
P.O. Box 124
Marble Hill, GA, 30148-0124
Effective Date of Terms of Use: November 20, 2023
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