The following Terms of Use (“Terms”) contain the terms and conditions applicable to you and your access to and use of the Site Eric Emanuel, including the mobile versions and any successor site(s), regardless of how accessed. 

Your use of the Site (including any feature, content or application offered by the Site) is at all times subject to these Terms, as the same may be modified by us, and all applicable laws, rules and regulations. Please read these Terms carefully.

Acceptance of Terms

BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE. Except where prohibited by law, these Terms may be changed, modified or altered by us in our sole discretion at any time without prior notice. If we materially change the Terms, we will notify you through a notice, updated Terms on the Sites or by email (sent to the email address specified in your account, if any), prior to or upon the change(s) becoming effective. Accordingly, when you access or use the Site, you should check the date of the Terms and be aware of any changes since the last version. Your continued use of the Site following the posting of any changes to these Terms means that you accept such changes. Your access to and use of the Site will be governed by the Terms in effect at the time of such access or use.

Use of the Site

 The content and information posted by us on the Site may be used only for informational, personal or other purposes authorized by us. By accessing and using the Site, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Site does not violate any applicable law, rule or regulation. The Site is intended for use by residents of the United States (“U.S.”) or non-residents that agree to use the Site in accordance with U.S. laws, these Terms and the Privacy Policy (“Privacy Policy”). By using the Site, you further represent and warrant that you meet these residency requirements. Use of and access to the Site is void where prohibited.

Unauthorized Use

 You may not use the Site for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms may immediately and automatically terminate your right to use and access the Site and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Site. We may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized, illegal or unlawful use of the Site include, but are not limited to:

Copying, modifying, displaying, performing, distributing, republishing or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Site without our prior written consent;

Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;

Using a framing or similar technique without our prior written permission;

Creating or maintaining any link from another website to any page on the Site without our prior written permission;

Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets;

Covering or obscuring the banner advertisements on the Site, if any, via HTML/CSS or any other means;

Any automated use of any system, such as using scripts, to alter content;

Interfering with, disrupting or burdening the Site or the networks, systems or services connected to the Site;

Using any automated system or software to extract data from the Site for commercial purposes (including “screen scraping”);

Attempting to impersonate another user or person at checkout or otherwise;

Using the account, username or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account;

Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site on behalf of that person, such as placing commercial content on the Site;

Using the Site for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes; or

Using the Site in a manner inconsistent with any applicable law, rule or regulation.

Links to Third Party Sites: Advertisers

 The Site may provide you with links or other access to other websites, services, products or content of third parties, including the Other Platforms. We have no control over, and do not endorse, any Third Party Site’s services, products or content. You acknowledge and agree that you access such Third Party Sites at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend that you read the terms of use and privacy policies of each Third Party Site that you access.

Privacy Policy

You agree to our collection, use and sharing of your information, including personal information, as set forth in our Privacy Policy. All provisions of the Privacy Policy are incorporated by reference herein.

Products, Content and Specifications

The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available at any particular time. Products included on the Site may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on the Site. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is canceled, we will refund any such charges within a commercially reasonable period of time after cancellation. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate. In no event will anything contained in these Terms or any area of the Site be construed as a representation or guarantee with respect to any content, services or products. We do not guarantee the accuracy, completeness or usefulness of any descriptions or other content. Further, we do not endorse, and are not responsible for, the accuracy and reliability of any opinion or statement made on the Site by any third party, including but not limited to, customers, manufacturers, distributors or suppliers of products and services sold through the Site. We assume no responsibility or obligation to modify or remove any inaccurate content. In addition, we may make changes to information about price, availability or other product attributes without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer or to cancel any order, including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. With respect to the shipment of products and services sold through the Site, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law.

Property: Intellectual Property

All content of the Site (including, without limitation, text, graphics, icons, images, clips and software) is protected by copyright, trademark and other laws. Names, logos, taglines, icons and marks on the Site are the exclusive property of Eric Emanuel, all rights reserved, and may not be used by you without our prior written permission. Unless otherwise indicated, all other intellectual property appearing on the Site is the property of its respective owner. We reserve all rights not expressly granted in and to the Site’ content and services.

Termination of Access and/or Account

In addition to any right or remedy that may be available to us under these Terms or under applicable law, we may limit, suspend or terminate your access to the Site or Other Platforms (including, without limitation, your account registration and your ability to post User Content), at any time, with or without notice, and with or without cause. We also may refer any information on alleged or actual illegal activities, including your identity, to the proper authorities.   

Term

 These Terms shall remain in full force and effect while you use or access the Site or have an account with the Site. See our Privacy Policy for instructions on how to modify or delete your account. 

Indemnity

 You agree to defend, indemnify and hold Eric Emanuel, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from a breach of these Terms (including, without limitation, any breach of your representations and warranties set forth herein).

DISCLAIMER OF WARRANTIES

 YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE CONTENT AND INFORMATION POSTED ON THE SITE, AND THE PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE PARTIES DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE, ITS CONTENT AND THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE.

LIMITATION ON LIABILITY

IN NO EVENT SHALL THE WEBSITE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, YOUR INABILITY TO USE THE SITE, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, EVEN IF THE WEBSITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE WEBSITE PARTIES' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (I) THE PURCHASE PRICE FOR THE ITEM AT ISSUE, IF APPLICABLE; OR (II) $10.00.

Third Party Transactions

Through your use of the Site, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY THIRD PARTY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THE SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM A THIRD PARTY ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH THIRD PARTY PRODUCTS OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED BY THE THIRD PARTIES, IF APPLICABLE.

U.S. Export Controls

Software made available to you by the Site (the “Software”), if any, is subject to U.S. export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Governing Law

These Terms and your use of the Site will be governed by federal and Delaware law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the Site.

Arbitration/No Class Action

 Except where prohibited by law, as a condition of using the Site, you and we agree that any and all disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with the Site shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association (“AAA”), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim, applying the Federal Arbitration Act and other federal arbitration laws. You and we also agree that (a) any Claims will be resolved individually and not through any class action; (b) if a Claim proceeds in court anyway, we both waive any right to a jury trial; and (c) either you or we may seek a court injunction regarding intellectual property infringement. Arbitration does not involve a judge or jury. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys’ fees and costs associated with the arbitration. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, or the United States District Court for the District of Delaware. For any Claims that are not subject to arbitration, if any: (y) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Delaware (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; and (z) you and we waive any and all rights to trial by jury with respect to any Claims. You agree that you must assert all claims against us within one (1) year from the date of the applicable purchase or, if no purchase was made, from the date the claim first accrued.

Miscellaneous

 We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms and your account on the Site are personal to you and may not be transferred or assigned. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. These Terms, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy and/or additional terms applicable to various parts of the Site), constitute the entire understanding between you and us.

Our Commitment to Privacy

We collect information about you in an effort to improve your shopping experience and to tell you about our products. Your trust is essential to us, and we are not in the business of selling or renting information about our customers to others. As described in this policy, we may share your information among our brands and, under certain circumstances, with third parties that provide services on our behalf or with whom we have partnered to offer a particular product or service.

In line with these values, our privacy policy may change from time to time. If it does, we will post an updated policy on the Sites and change the “last updated” line above. If we make significant changes to the policy, we will provide appropriate notice to you.

If you have any unanswered questions about our privacy policy, please contact us at info@ericemanuel.com

Sources of Personal Information

We collect personal information both directly from customers and via automated technology.  We collect and use this information only as permitted or required by, and in compliance with, law.

Categories of Personal Information

We collect the following categories of personal information for the purposes described below:

Identifiers (including name, contact, and other identification information)

We use this information to manage your account, to process and fulfill your orders, to communicate with you, to connect you with potentially relevant products and services and enhance your shopping experience, and to correct our records and make it easier to deliver your next purchase or communication more easily.

Customer records information (including name, contact, and payment information)

We use this information to process and fulfill your orders and allow you to pay for purchases.

Commercial information (including records of products purchased)

We use this information to manage your account and to process and fulfill your orders.  

Characteristics of protected classification (gender and age)

We use this information to connect you with potentially relevant products and services.

Internet or other electronic network activity information (IP address, cookies, pixels, and analytics data)

We use this information to connect you with potentially relevant products and services as well as to optimize the performance of our website and analyze how visitors arrive at the website, and what type of content is most popular.  

If you access our site with your log-in credentials from a social networking site (e.g., Instagram) or if you otherwise agree to associate your account with us with a social networking site, we may receive personal information about you from such social networking site, in accordance with the terms of use and privacy policy of the social networking site. We may add this information to the information we have already collected from you via our websites.

Cookies

As with many websites, our website uses cookies, trackers, and pixels.  A cookie is a small data file that is stored on a user’s computer. When you visit our web sites, one or more cookies may be sent to your computer or other device. We may also use cookies in emails that you receive from us.  A session cookie expires immediately when you end your session (i.e., close your browser). A persistent cookie stores information on the hard drive so when you end your session and return to the same website at a later date the cookie information is still available. Generally, we use cookies to improve the quality of our service when you visit our website and other websites of interest to you. We also use cookies to remind us of who you are, tailor our products, services and advertising to suit the personal interests of you and others, estimate our audience size, assist our online merchants to track visits to and sales at our websites and to process your order, and/or analyze your visiting patterns.

Certain of our service providers may use cookies, trackers, or pixels  to collect information on our behalf. They are prohibited by our contract with them from sharing that information with anyone other than us or our other service providers. However, we respect your right to choose whether to be included in such services. You may opt out of certain of these services. In addition, in connection with the services that they provide to us, certain of our service -providers may work with third parties who may use cookies, trackers, or pixels to collect information to tailor advertising for you and others elsewhere on the Internet. These third parties do not have access to any contact information about you, although they may receive information that could be considered personal information. If you would like to opt out of accepting cookies altogether, you can set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. However, certain features of our websites or other services may not work if you delete or disable cookies.

When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You can opt out of those communications at any time.

Google Analytics

Google Analytics (http://www.google.com/analytics/) is a web analysis service provided by Google Inc. (“Google”), which uses cookies to help us analyze how users engage with our Sites. Generally, and unless you take appropriate action, any information generated by the cookies about your use of the Sites will be transmitted to Google and stored by Google. Google may also use the data collected to contextualize and personalize the ads of its own advertising network and/or share the data with other Google services (Google’s privacy policy may be viewed at http://www.google.com/policies/privacy/). You may at any time opt out from the collection of information stored and generated by the Google Analytics cookies as well as the use of such data by Google by downloading and installing the browser-plugin which is available at https://tools.google.com/dlpage/gaoptout.

Information Sharing and Disclosure

We do not sell any personal information, nor do we share it with any third parties, except as set forth in this Privacy Policy.  Protecting personal information is an important part of our business.  Our brand will send personal information about you to other companies or people only when: 1) we have your consent to share the information; 2) we need to share your information to provide a product you have requested; 3) we need to send the information to companies who work on behalf of our brands to provide a service to you (unless we tell you differently, these companies do not have any right to use the personally information we provide them beyond what is necessary to assist us in providing a product or service to you); and 4) we believe release is appropriate to comply with applicable law; enforce or apply other agreements; or protect the rights, property, or safety of our brands, our users, or others.

To serve you better, we may combine that information with publicly available information and information we receive from or cross-reference with our partners and others. We use that combined information to enhance and personalize the shopping experience of you and others with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.

Maintenance of Accurate Information

In order to attain the most complete and accurate records, we consistently maintain customer information. If you have reason to believe that your information is incorrect, please contact us. We respond to requests to correct inaccurate information in a timely manner.

Retention of Data

We will keep your personal information only for as long as reasonably necessary to fulfill the purposes for which personal information is collected as stated herein; for as long as is necessary for the performance of the contract between you and us, if any; and to comply with legal and statutory obligations, such as in tax, trade and corporate laws. When we no longer need your personal information for our purposes, we will destroy, delete or erase that personal information or convert it into an anonymous form.

Security of Data

Any personal information that we collect will be stored in secure servers hosted in the U.S. or Canada. We are always striving to ensure a safe and convenient online experience. This goes beyond our technologies to include physical, contractual, and managerial safeguards to protect your personal information.

We work to protect the security of your information during transmission by using Thawte Certified Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

We also conduct information risk assessments, we ensure that our staff understands the importance of protecting personal data, and we are responsibly managing access rights within the company.

Security lies in your hands as well. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.  We also urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. We will never request your password, user name, credit card information or other personal information through email. If you receive an email claiming to be from us that asks you for your personal information, do not respond.

Opting Out

We want to communicate with you only if you want to hear from us. If you would like to opt out of our non-order related communications, you may follow the designated link at the bottom of all email communications to be removed from future email updates.

Please note that any requests to remove or update your contact information may take several days for your email request.

Third-Party Links

The Site may contain links to websites operated and maintained by third parties, over which we have no control. Privacy policies on such linked websites may be different from our privacy policy. You access such linked websites at your own risk. You should always read the privacy policy of a linked website before disclosing any of your information on such website.

Accessing/Changing Personal Information

You can access, add or update certain information in the “My Account” section of the Sites, including order tracking and account information. When you update information, your old information is replaced by your new information.

You can ask us to change or update other personal information about you by contacting us. Any request to update personal information may take up to 10 days for your email request.

You can unsubscribe or change your subscription to any of our Personal Notification Services at any time.

Children’s Privacy

Our Sites are intended to be accessible and enjoyed by general audiences. We do not knowingly collect personal information from children under the age of 16 without first providing the parent or legal guardian with notice and obtaining prior verifiable consent. If a visitor known to be a child sends an email to us, we will only use it to respond to the writer and not to create profiles or otherwise retain the information. If a parent or guardian believes their child’s personal information was inadvertently collected, please contact us at info@ericemanuel.com.

State Privacy Rights

Residents of certain U.S. states have unique rights available to them under state data privacy laws.  Depending on your residency, you may have the following rights.

Right to Access

You may have the right to request that we disclose the categories of personal information collected, the categories of sources from which personal information is collected, the business or commercial purpose for collection, the categories of third parties with which we share personal information, and the specific pieces of personal information that we have about you.  You also may have the right to request that we provide your personal information to you in a readily useable format.

Right to Request Deletion

You may have the right to request that we delete personal information that we collected from you.  Note, however, that certain requests to delete personal information may be denied if we are required to retain the information as a matter of law, the information is necessary for detecting security incidents, exercising free speech, protecting or defending against legal claims, or for internal uses reasonably aligned with consumer expectations.  Records reflecting purchase histories cannot be deleted.

Right to Non-Discrimination

You have the right not to receive discriminatory treatment by us for exercise of these privacy rights.  We do not offer financial incentives related to the provision of data.  

Authorized Agent

You may have the right to designate an authorized agent to make these requests on your behalf.

To exercise any of these rights, please contact us at info@ericemanuel.com.  We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

California Shine the Light Law

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of the information you provide to us to third parties for their direct marketing purposes.  To make such a request, please contact us at info@ericemanuel.com