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Terms and Conditions

TERMS AND CONDITIONS

Updated October 1st, 2016
Your Obligation

Welcome! This website is provided by ATBK, Inc., (dba Emmo Home) a California corporation (“Emmo Home”). By using emmohome.com (the “Emmo Home Website” or the “Website”), you agree to be bound by the following terms and conditions of use (the “Terms of Use”). If you do not agree to be bound by these Terms of Use, do not use the Website.

Acceptance of Terms

By submitting your purchase order with Emmo Home through emmohome.com (the “Emmo Home Website” or  “Website”), you agree to be bound by these Terms of Purchase (this “Agreement”). If you do not agree to be bound by the terms of this Agreement, do not submit your purchase order. If you do not submit your purchase order, you will not be able to proceed with the purchase process for the respective products and you will not become a customer of Emmo Home until you agree to this Agreement and submit your purchase order. By submitting your purchase order, you agree to be bound without modification or qualification by the following terms and conditions of this Agreement. By accepting the terms of this Agreement you agree to pay for any products ordered from Emmo Home as set forth in this Agreement. In addition, by accepting the terms of this Agreement, you and Emmo Home shall be subject to any posted guidelines, policies, procedures, or rules applicable to such products, which may be posted from time to time in Emmo Home’s sole and absolute discretion.

Product and Pricing Information

The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. We have attempted to accurately price all products listed for sale on the Website. If, however, for any reason the price displayed on the Website is inaccurate, Emmo Home reserves the right to cancel any order without limitation or liability. We have done our best to display as accurately as possible the colors of the products shown on this Website. Nevertheless, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Any materials appearing on the Emmo Home Website could include technical, typographical, or photographic errors. Emmo Home does not warrant that any of the materials on the Website are accurate in any way.

Fees

By accepting this Agreement, you agree to pay the full purchase price and other charges incurred in connection with your purchase of the products ordered from Emmo Home (including applicable taxes) at the rate in effect when the charges were incurred. Emmo Home will bill your charges directly to your credit card or PayPal™ account. Except as stated in this Agreement or otherwise provided in writing, all charges are nonrefundable. Emmo Home reserves the right to withhold delivery of any and all products and services until it receives payment of the full purchase price.

Additional Charges

In the event you make changes or additions to any order that results in additional fees, we will automatically charge your account, credit card, or PayPal™ account such additional fees. We will notify you if you do not have sufficient availability on your account, credit card, or PayPal™ account for such additional fees, and you agree to promptly provide alternative payment arrangements satisfactory to Emmo Home.

Order Cancellations Policy

We will do our best to accommodate order cancellation requests; however, if the packing and shipping process has started, then cancellations will not be possible.

To request your order to be cancelled, please email customerservice@emmohome.com with your order number and list the item(s) you wish to have cancelled.  If cancellation is possible, then you will receive an email confirmation of the cancellation.  If it is too late to cancel, please refer to our normal return policy.  

Return and Refund Policies

Furniture, clearance items, special orders, gift certificates, and items denoted "NON-RETURNABLE" on their item page are final sale.  No returns, exchanges, or refunds will be allowed for these items.  

All other items can be returned within 30 days of original order shipment for a full refund (excluding any shipping costs from the original order).  Returned items will be inspected before a refund is issued. All returns must be in the original and unused condition with the original manufacturer packaging. If the product packaging is found to be damaged, then there may be a restocking fee. If the postmark date is not within the specified days to return, then we will not accept the return.  It is your responsibility to cover all shipping costs related to the return.

We are not responsible for any loss or damage that may occur during shipping. We recommend you ship the return items with protective packaging materials and insure the package for the full amount.  

If items are damaged during transit, please retain all packing materials including original product packaging.  Return requests for damaged items must occur within 48 hours of delivery.  Please include images of the shipping box and damaged item in your return request.

Waiver of Liability

UNDER NO CIRCUMSTANCES SHALL EMMO HOME OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) DEFECTS, ERRORS, MISTAKES, OR INACCURACIES OF ANY PRODUCT, (II) PERSONAL INJURY OF ANY NATURE WHATSOEVER RESULTING FROM YOUR USE OF EMMO HOME’S PRODUCTS, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN CONNECTED WITH THIS TRANSACTION, AND (IV) OTHERWISE ARISING IN CONNECTION WITH THIS AGREEMENT, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NEVERTHELESS, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL EMMO HOME BE LIABLE FOR MORE THAN THE PURCHASE PRICE OF THE PRODUCTS PURCHASED.

Warranty Disclaimer

THESE PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Changes to Purchase Agreement

Emmo Home may change the terms of this Agreement at any time by notifying you of the change(s) in writing or electronically. You acknowledge and agree that by using the Website or products after changes are made to this Agreement, you will be bound by such changes.

Privacy and Your Account

Registration data, credit card or PayPal™ account information, and other personal information about you are subject to our Privacy Policy. Your information may be stored and processed in the United States as more fully described in our Privacy Policy. You shall be fully responsible for maintaining confidentiality of account access information and for all charges made to your account. You further acknowledge that you have read and understand Emmo Home’s Privacy Policy. You agree that Emmo Home may, from time to time and in accordance with the Privacy Policy, use the results of your purchase for marketing purposes.

Strict Performance and Waiver

The failure of Emmo Home to insist on strict performance of any of the provisions herein, or to exercise any option or right conferred in this Agreement, shall not be construed to be a waiver or relinquishment of any such options or right of any other covenants or agreements, but the same shall remain in full force and effect.

Entire Agreement, Assignment, and Severability

This Agreement represents the final and entire agreement between you and Emmo Home regarding the subject matter hereof and it supersedes all previous or contemporaneous oral or written agreements between you and Emmo Home. Emmo Home makes no representations, express or implied, not set forth in this Agreement. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of this Agreement shall remain in full force and effect.

Governing Laws

This Agreement shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any legal action or proceeding related to this Website and any products purchased from Emmo Home shall be brought exclusively in a federal or state court of competent jurisdiction in Orange County, California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Ability to Accept Agreement

You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

If you have any questions regarding this Agreement, please contact us at info@emmohome.com .

Emmo Home Website

These Terms of Use apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by Emmo Home. Emmo Home has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website or third party advertisements. In addition, Emmo Home will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve Emmo Home from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Emmo Home Website and to read the terms and conditions and privacy policy of each other website that you visit.

Limitations on Access to Website

Emmo Home hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Emmo Home’s prior written authorization, which may be withheld in its sole discretion; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you will not use any part of the Website to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales; (v) you will not “meta-search” the Website or use an automated system that accesses the Website in a manner that sends more requests in a given time than a human could using a conventional online browser; (vi) you will not attempt to decompile or reverse engineer any software contained on the Emmo Home Website; (vii) you will not remove any copyright or proprietary notations from the materials; (viii) you will not transfer the materials to another person or “mirror” the materials on any other server; and (ix) you will otherwise comply with the terms and conditions of these Terms of Use. Your right to use the Emmo Home Website shall automatically terminate if you violate any of these restrictions and may be terminated by Emmo Home at any time in its sole discretion.

Intellectual Property Rights

The content on the Emmo Home Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”), and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Emmo Home, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Emmo Home reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of user submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Emmo Home Website, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Emmo Home Website or the Content therein.

Product Information

Many products displayed on this site will be available in Emmo Home store(s). In some cases, merchandise displayed for sale on this site may not be available at Emmo Home store(s). The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States.

We have done our best to display as accurately as possible the colors of the products shown on this Website. Nevertheless, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

We have attempted to accurately price all products listed for sale on the Website. If, however, for any reason the price displayed on the Website is inaccurate, Emmo Home reserves the right to cancel any order without limitation or liability.

Any materials appearing on the Emmo Home Website could include technical, typographical, or photographic errors. Emmo Home does not warrant that any of the materials on the Website are accurate in any way.

Comments and Submissions

We welcome your comments regarding the Emmo Home Website. Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to the Emmo Home Website shall be and remain the exclusive property of Emmo Home. Your submission of any such Comments shall constitute an assignment to Emmo Home of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. Emmo Home will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you or anyone else in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork. Additionally, you acknowledge that you have full responsibility for any submission you make, including its legality, reliability, appropriateness (no obscene or inappropriate Comments), originality, and copyright.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE EMMO HOME WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EMMO HOME, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. EMMO HOME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) DEFECTS, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EMMO HOME WEBSITE. EMMO HOME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EMMO HOME WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EMMO HOME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT AND/OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EMMO HOME, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) DEFECTS, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EMMO HOME WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Website is controlled and offered by Emmo Home from its facilities in the United States of America. Emmo Home makes no representations that the Emmo Home Website is appropriate or available for use in other locations. Those who access or use the Emmo Home Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify, and hold harmless Emmo Home, its shareholders, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from: (i) your use of and access to the Emmo Home Website; (ii) your violation of any provision of these Terms of Use; or (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of these Terms of Use and your use of the Emmo Home Website.

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and agree to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Emmo Home Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Emmo Home Website—there are many other great websites for you. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Emmo Home without restriction.

General

You agree that: (i) the Emmo Home Website shall be deemed solely based in California; and (ii) the Emmo Home Website shall be deemed a passive website that does not give rise to personal jurisdiction over Emmo Home, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Emmo Home that arises in whole or in part from the Emmo Home Website shall be decided exclusively by a court of competent jurisdiction located in the County of Orange, California. These Terms of Use, together with the Privacy Policy and any other legal notices published by Emmo Home on the Website, shall constitute the entire agreement between you and Emmo Home concerning the Emmo Home Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Emmo Home’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Emmo Home reserves the right to monitor any and all use of this Website. Emmo Home reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Emmo Home reserves the right to terminate this Website at any time and without notice in its sole discretion. Your use of the Emmo Home Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND EMMO HOME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EMMO HOME WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
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