Terms and Conditions

Welcome to this website hosted by EmeraldMerch LLC.  Your use of EmeraldMerch.com constitutes your understanding and agreement to follow the following terms and conditions set forth by EmeraldMerch LLC. EmeraldMerch.com is owned by EmeraldMerch LLC and the two are collectively referred to herein as EmeraldMerch. 

Your access to and use of the EmeraldMerch sites is subject to the following Terms and Conditions. Please read these Terms and Conditions carefully before accessing or using the EmeraldMerch site, so that you fully understand your rights and responsibilities. By accessing or using the EmeraldMerch site, you agree to these Terms and Conditions. 

EmeraldMerch reserves the right to update or modify or amend these Terms and Conditions at any time without prior notice. All changes will be effective immediately upon their posting on the EmeraldMerch site.  Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. Therefore, you are encouraged to review these Terms and Conditions whenever you use this website.

Information Only Site
The content available on the EmeraldMerch site is provided for information only. EmeraldMerch maintains this website for your personal information, education and communication. Our site cannot, and does not, contain information about all medical conditions. It may not contain all information that is applicable to your personal circumstances. The content of this site is not intended for diagnosis and should not be used as a substitute for consultation with your physician or veterinarian.

Site Information
Information displayed on the EmeraldMerch site is subject to modification without notice. EmeraldMerch reserves the right to modify such information without any obligation to notify past, current or prospective website users. Some services may not be available in certain areas. EmeraldMerch makes no representations that the materials on this site are appropriate or available for use in any particular state or other countries besides the United States. Those who do access the EmeraldMerch site are solely responsible for compliance with the laws of the state or country in which they reside.

Intellectual Property Rights & Copyright
Copyright 2015. All rights reserved.
EmeraldMerch respects the rights of intellectual property owners, and asks that its users do the same.All copyright able text, video, graphics, charts, photographs, icons, and the design,  are subject to trademark, copyright and/or other intellectual property rights or licenses held by EmeraldMerch, unless otherwise noted.  EmeraldMerch may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to EmeraldMerch or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.

Use of this Site
The Content of this website is intended solely for personal, noncommercial use by the users of this site. You may download and/or print one copy of the EmeraldMech content solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of the EmeraldMerch sites without the prior written consent of EmeraldMerch.

If you operate another website and are interested in linking to the EmeraldMerch site, you must obtain consent from EmeraldMerch and agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL www.emeraldmerch.com and not to any other pages; (3) the link, and use, must be in connection with a website of appropriate subject matter; (4) the link, and use, may not be such that may damage or dilute the goodwill associated with EmeraldMerch's name and/or marks, (5) the link, and use, may not create the false appearance that an entity other than EmeraldMerch is associated with or sponsored by EmeraldMerch; (6) the link, when activated by a user, must display the website full-screen and not with a “frame” on the linked website; and (7) EmeraldMerch reserves the right to revoke consent to the link at any time in its sole discretion, either by amending this Agreement or through other notice.

Access
The EmeraldMerch site is intended for access only by residents within our designated shipping areas, currently United States.  Potential users in any other jurisdiction whose laws or regulations would void this Agreement in whole or in any essential part, or which makes accessing the EmeraldMech site illegal, are unauthorized to use the EmeraldMerch site, and do so entirely at their own risk.

Payment
You must submit the necessary credit card information when you place an order. If the card information you submit is incorrect or invalid, your payment or order will not be processed. Payment is subject to the approval of the financial institution issuing the card. Neither EmeraldMerch nor its third party payment processor has any responsibility or liability if the financial institution refuses to accept or honor your card for any reason. EmeradMerch works with a third party payment processor to help ensure the security of your credit card data as further set forth in our Privacy Policy.

No Liability
As partial consideration for your access to the EmeraldMerch site and use of content, you agree that EmeraldMerch is not liable to you in any manner whatsoever.  In no event shall EmeraldMerch or any of its officers, directors, employees, representatives, consultants or agents be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages or any damages whatsoever arising out of or in any way related to the use or performance of the EmeraldMerch siteor any linked website or to any material, information, data, products, or services obtained through the EmeraldMerch site, or otherwise arising out of your use of the EmeraldMerch site, your inability to use the EmeraldMerch site, or any decision made or action taken by you in reliance of any information, advice or materials provided on the EmeraldMerch site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if EmeraldMerch has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the EmeraldMerch site because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, such limitations may not be applicable to you

No Warranty
EmeraldMerch makes all commercially reasonable efforts to ensure that all material, information and data on the EmeraldMerch site are accurate and reliable; however, accuracy cannot be guaranteed. The content of this site,  and the services and products that we provide on this site, are provided as an "as is" and "as available" basis without warranty of any kind, whether express, implied or statutory.  EmeraldMerch disclaims warranties with respect to the Emerald Merch site, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. EmeraldMerch makes no warranty or representation regarding the results that may be obtained from use of the EmeraldMerch site, or use of material, information or data downloaded or otherwise obtained from the EmeraldMerch site, or regarding the accuracy or reliability of any information obtained from the EmeraldMerch site. EmeraldMerch does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of the EmeraldMerch sites or any material, information or data downloaded or otherwise obtained through use of the EmeraldMerch site or (2) that use of the EmeraldMerch site or any materials on the EmeraldMerch site will meet any users requirement by uninterrupted, timely, secure or error-free. EmeraldMerch shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication. EmeraldMerch disclaims liability for technical failures, incomplete or delayed computer transmissions, and/or technical inaccuracies, as well as unauthorized access of user transmissions by third parties. (3) EmeraldMerch does not warrant that information, products, or services contained in this site will satisfy your requirements or that they are error or defect-free. Before using any product, you should confirm any information of importance to you on the product packaging. You assume responsibility for the accuracy, appropriateness, and legality of any information you supply EmeraldMerch. (4) EmeraldMerch reserves the right to limit quantities on all items. Each advertised item must be readily available for sale, unless specifically noted on the EmeraldMerch site. Emerald Merach will not issue a raincheck or place an backorder for items that are out of stock. 

No advice or information, whether oral or written, obtained by you from EmeraldMerch site or in any manner from the EmeraldMerch site shall create any warranty.

Third-Party Websites
The EmeraldMerch site may link to, or be linked to, other websites not maintained by or related to EmeradMerch. Such links are provided only as a service to our visitors. EmeraldMerch is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on the EmeraldMerch site. EmeralMerch has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the Terms and Conditions posted on that site. You should review the Terms and Conditions of any website to which you navigate.

Privacy Policy
By your access and use of the EmeraldMerch site, you hereby agree to the terms of the EmeraldMerch Privacy Policy, which are incorporated into these Terms and Conditions by this reference.

Indemnification
You agree to indemnify, defend and hold harmless EmeraldMerch, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of the EmeraldMerch site, your use of any material, information or data downloaded or otherwise obtained from the EmeraldMerch site, or your violation of these Terms and Conditions, including without limitation, your infringement of any intellectual property or other right of EmeraldMerch or any other person or entity.

Interpretation and Disputes
These Terms and Conditions are governed by the laws of the United States and the State of Wyoming, without regard to any conflict of laws provisions.  In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms and Conditions is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms and Conditions shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to the EmeraldMerch must be commenced within one (1) year after the action or claim arises.

Entire Agreement
By your access or use of the EmeraldMerch site, you hereby agree to these Terms and Conditions. These Terms and Conditions, together with the EmeraldMerch Privacy Policy constitute the entire agreement between you and EmeraldMerch with respect to your access and use of the EmeraldMerch site and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by EmeralMerch. These Terms and Conditions will inure to the benefit of EmeraldMerch's successors and assigns. If any term or provision of this Agreement is considered in any way invalid by a court of competent jurisdiction, in all cases the remainder of these terms and conditions will not be affected and will remain valid and enforceable. Clerical errors are subject to correction.

Electronic Communications
You acknowledge that these Terms and Conditions are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms and Conditions and any other documentation, agreements, notices or communications between you and EmeraldMerch may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.

Contacting Us
If you have any other questions or concerns regarding these Terms and Conditions, please contact us at:

EmeraldMerch, LLC
info@emeraldmerch.com