Last updated: March 01, 2023
Introduction
Welcome to the Emma & Michele® Dress, Jumpsuit, Romper website (the “Site”). This Site is operated by Emma & Michele (“Emma & Michele”, “we”, “us” and/or “our”). By accessing and using this Site, you agree to be bound by the following terms and conditions, including the Emma & Michele privacy policy incorporated herein by reference (collectively, these “Terms”). If you do not agree to all of these Terms, do not access or use this Site.
These Terms constitute the entire and only agreement and understanding between you and Emma & Michele relating to your access to, and use of, the Site. Emma & Michele may immediately terminate these Terms or any services with respect to you, or generally cease offering or deny access to the Site or any portion thereof, at any time for any reason.
Your access to and use of the Site is subject to these Terms and all applicable laws and regulations. By accessing or using the Site, you accept, without limitation or qualification, these Terms. If you do not agree and accept these Terms, you may not access or otherwise use the Site or any information or services provided through the Site.
Use of Site and Content
1. Who May Use the Site: This Site and the products and services provided through this Site are available only to users who are at least 18 years old. If you are under 18, you may not access or use this Site or accept these Terms. By accessing and using this Site, you represent and warrant that you are at least 18 years old.
2. License to Use Site: Subject to your complete and ongoing compliance with these Terms, Emma & Michele grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use this Site and the resources and information available on or through this Site. You may only use this Site and its contents for lawful purposes. You agree not to use or attempt to use this Site for any purpose that is illegal, beyond the scope of the license granted herein, or otherwise prohibited by these Terms.
3. Site Contents: Unless otherwise noted, all materials, including the information, documents, products, logos, graphics, sounds and images (collectively, the “Content”) contained on this Site are owned or controlled by Emma & Michele and its licensors and are protected by copyright, trademark and other intellectual property rights. You may access, download and print the Content for your personal and non-commercial use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content you access, download or print.
4. Restrictions: Any other use of the Content, including without limitation the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content is strictly prohibited. You may not use the Site or its contents to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution. You agree not to circumvent, disable or otherwise interfere with any security related features of this Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of this Site or its content.
5. User Conduct: In using or accessing this Site, you agree not to:
- Post, transmit or otherwise make available any Content that is unlawful, harmful, harassing, tortious, defamatory, libelous, abusive, threatening, vulgar or obscene;
- Post, transmit or otherwise make available any Content that promotes racism, bigotry, sexism, hatred or harm against any individual or group;
- Post or transmit any unsolicited or unauthorized advertising, promotional materials, spam, junk mail or any other form of solicitation;
- Post or transmit any material that contains software viruses or any other harmful or deleterious computer code, files or programs;
- Post, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Access or attempt to access any Emma & Michele accounts, computer systems or networks associated with this Site, through password mining or any other means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made publicly available through this Site;
- Violate any applicable laws, regulations or these Terms.
Purchase of Products
1. Sale of Products: Emma & Michele may make certain products available for purchase through this Site, including clothing, accessories, and other merchandise (collectively, the “Products”). If you wish to purchase any Products, you must follow the procedures provided on the Site. All purchases of Products are subject to availability, and Emma & Michele reserves the right to reject or cancel any order or limit purchase quantities for any reason.
2. Prices: All prices for Products advertised on the Site are subject to change without notice. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your order total. Emma & Michele strives to display accurate price information, but errors may occur. Emma & Michele reserves the right to refuse or cancel any order with an incorrect price listing.
3. Payment: Payment for Products and related shipping/handling charges must be made by credit or debit card through the Site’s payment processing system. Emma & Michele accepts Visa, Mastercard, American Express and Discover. By submitting your order, you represent and warrant that you are authorized to use the payment method you provided and that you authorize Emma & Michele to charge your order to that payment method. If the payment method cannot be verified or charged, Emma & Michele reserves the right to cancel your order.
4. Shipping Policies: Your order confirmation will provide shipping cost information and estimated delivery timelines. Emma & Michele will arrange shipment of ordered Products to you via courier services like FedEx, USPS, DHL or UPS. Shipping fees cover the preparation, handling, and actual shipping of your Products. Additional fees apply for expedited delivery options. Emma & Michele will not be held responsible for any additional fees incurred due to customs delays or errors in provided shipping information. No deliveries will be made to PO boxes.
5. Returns & Refunds: If you are not fully satisfied with any Product purchased on this Site, you may return it for a refund, subject to the policies below. All sale items are final and cannot be returned. For all other items, you have 30 days from the estimated delivery date to initiate a return and receive a refund for the purchase price. You are responsible for all return shipping costs. Emma & Michele does not accept COD packages. To initiate a return, contact us at [email protected] for return instructions. Refunds are credited to your original method of payment. Refunds for debit/credit card purchases will be credited within 3-5 business days of receiving the return. Unopened Products can be returned for a full refund less the shipping charges. Opened Products or Products not in the original condition may still be eligible for return at our discretion, subject to a 25% restocking fee which will be deducted from your refund. You are responsible for any diminished value of Product that is caused by handling other than what is necessary to establish the nature, characteristics and function of the Products.
6. Promotions: Emma & Michele occasionally offers product promotions and sales events. Promo codes must be applied at checkout to redeem offers. Discounts from promo codes apply to Product costs only and do not apply to taxes or shipping costs. Emma & Michele reserves the right to modify or end any promotion at any time without notice. Promo codes are one time use only and limited to one per customer and order.
7. Risk of Loss: All Products are shipped FOB origin. Title and risk of loss pass to you upon our transfer of Products to the carrier. You are responsible for pursuing any claims against carriers for damaged and lost shipments.
8. Product Availability: While Emma & Michele attempts to maintain accurate inventory on the Site, items displayed on the Site may not always be available. Emma & Michele reserves the right to discontinue Products without notice or liability to you. If an ordered Product is unavailable, Emma & Michele will notify you and refund you for that item only. Emma & Michele reserves the right to limit order quantities for any reason.
9. Sizing: Emma & Michele provides general garment sizing information on the Site as a courtesy, to be used as a general guide. Sizing may vary depending on the Product style and your personal fit preferences. Emma & Michele is not responsible for any sizing issues associated with Products purchased from the Site.
Intellectual Property Rights
The Site and all Content contained on the Site are owned by Emma & Michele, its licensors, vendors, agents and/or third party Content providers. All right, title and interest in and to the proprietary rights associated with the Site and the Content, including all copyrights, patents, trademarks, trade dress, trade secrets, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, and other intellectual property (collectively, the “Intellectual Property”), are owned by Emma & Michele, its licensors, vendors, agents and/or third party Content providers.
In addition to the rights in the Content granted above, Emma & Michele grants you a limited, revocable, nonexclusive, nontransferable license to reproduce and display the Emma & Michele name, logo, and similar identifying materials (collectively “Brand Elements”) solely for the purpose of promoting Emma & Michele and linking to the Site. No other use of Brand Elements is permitted. This license is revocable by Emma & Michele at any time in its sole discretion without notice and without liability.
Except for the limited rights expressly granted herein, Emma & Michele does not grant you any other rights, implied or otherwise, in the Site or Content contained on the Site. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, perform, display, or exploit in whole or in part the Site, the Content or any Intellectual Property. Any use of the Content not expressly permitted by these Terms is a breach of these Terms.
User Content
If you submit, post or upload any reviews, comments, photos, videos, audios or other content to Emma & Michele, or otherwise make your personal information available to Emma & Michele or others through the Site (“User Content”), you are solely responsible for the User Content you share. You represent and warrant that: (1) you own all rights in and to all User Content or have permission from the rightful owner to grant the license rights herein, and (2) the User Content will not violate any law or infringe upon any rights of any third party, including intellectual property rights, rights of privacy or publicity.
You hereby grant Emma & Michele and our successors and assigns an unconditional, nonexclusive, unlimited, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable, fully transferable right and license to use, copy, display, distribute, modify, and create derivative works of the User Content in any form, media or technology, whether now existing or developed later, for any purpose including commercial or promotional purposes. You waive any right to inspect or approve uses of the User Content or to be compensated for the User Content. You also grant other users permission to share your User Content with third parties on or through this Site.
Emma & Michele does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Emma & Michele be liable for any loss or damage caused by use of or reliance on any User Content. Emma & Michele has no obligation to monitor User Content, but reserves the right to remove any User Content at any time without notice, including that which Emma & Michele finds objectionable or in violation of these Terms.
Third Party Sites
This Site may provide links to other websites maintained by third parties. Unless otherwise expressly stated, Emma & Michele has no control over, and is not responsible or liable for the availability, accuracy, or reliability of any content, products, or services provided by third party sites. The inclusion of links to third party sites does not imply endorsement by Emma & Michele of any content, products or services available on or through the linked sites or any association with their operators. It is your sole responsibility to evaluate the terms, conditions, policies and practices of linked third party sites. You access all third party sites at your own risk.
Indemnification
You agree to defend, indemnify and hold harmless Emma & Michele and our parents, subsidiaries, agents, licensors, managers, members, and other affiliated companies and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of or inability to use this Site or the Content; (ii) your User Content; (iii) your violation of these Terms; and (iv) your violation of any third party rights.
Limitation of Liability
IN NO EVENT WILL EMMA & MICHELE, ITS LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS SITE, ANY WEBSITES LINKED TO IT, AND ANY CONTENT, INFORMATION OR ITEMS ACCESSED FROM OR VIA THIS SITE INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF PRIVACY OR SECURITY, FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE, NEGLIGENCE, AND ANY OTHER LOSS, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER EMMA & MICHELE WAS ADVISED THEY WERE POSSIBLE.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES PROVIDED HEREIN FAIL THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. TO THAT EXTENT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Disclaimer of Warranties
YOUR USE OF THIS SITE, THE CONTENT AND ANY PRODUCTS ARE AT YOUR SOLE RISK. THE SITE, THE CONTENT, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMMA & MICHELE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EMMA & MICHELE MAKES NO WARRANTY THAT (I) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (II) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, CONTENT OR PRODUCTS WILL BE ACCURATE OR RELIABLE; OR (IV) ANY ERRORS ON THE SITE WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THIS SITE AND ANY CONTENT OR PRODUCTS.
Governing Law and Disputes
These Terms are governed in all respects by the substantive laws of the State of California without regard to conflict of law provisions. Any dispute arising out of or related to your use of the Site or these Terms shall be brought exclusively in the state or federal courts located in Los Angeles, California. You consent to personal jurisdiction and waive any objection as to forum non conveniens or inconvenient forum. Informal efforts to resolve disputes between the parties shall be a condition precedent to either party initiating arbitration or litigation (provided that such efforts shall not be construed to change the time to bring any claim). If an informal dispute resolution process does not resolve the dispute, the parties shall submit to binding arbitration in Los Angeles, California before a single arbitrator under the Commercial Rules of the American Arbitration Association. The arbitrator, and not any federal, state or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of these Terms. However, as limited exceptions to the mandatory arbitration provision: (1) either party may seek emergency equitable relief in federal, state or local courts if the arbitration award would be rendered ineffectual without such relief; and (2) disputes relating to your or Emma & Michele’s intellectual property rights may be brought in any court with jurisdiction over the parties.
Changes to Terms
Emma & Michele may amend these Terms at any time by posting the amended Terms on this Site. Such amendments shall be effective immediately upon posting. Your continued use of this Site following the posting of any amendments constitutes your acceptance of the amended Terms. If any amendment is unacceptable to you, you must immediately cease all use of this Site. Emma & Michele will provide email notification to you of any material changes to these Terms if you have provided your email address to us. Our electronically or otherwise properly stored version of these Terms shall be admissible in any legal proceedings to the same extent as if they were original paper documents.
General Provisions
1. Entire Agreement; Severability: These Terms constitute the entire agreement between you and Emma & Michele relating to your access to and use of this Site. If any provision of these Terms is unlawful or unenforceable, that provision is deemed severed from these Terms and does not affect the validity or enforceability of the remaining provisions.
2. No Waiver: Emma & Michele’s failure to assert any right or provision in these Terms shall not constitute a waiver of such right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such or other term.
3. Headings: Section titles in these Terms are for convenience and have no legal or contractual effect.
4. Remedies: The remedies provided in these Terms are cumulative and not exclusive of any remedies provided by law. The election of any remedy shall not be construed as a waiver of any other available remedy. You agree that monetary damages may not provide a sufficient remedy to Emma & Michele for your violation of these Terms. Emma & Michele may seek injunctive relief to remedy or prevent your violation.
5. Export Controls: You may not access, download, use, export or re-export this Site or any Content in violation of U.S. export laws and regulations.
6. Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder without Emma & Michele’s prior written consent. Emma & Michele may freely assign these Terms. Any attempted assignment or transfer in violation of this section will be null and void. Subject to the foregoing restrictions, these Terms will inure to the benefit of the successors and permitted assigns of the parties.
7. Privacy Policy: Please review our Privacy Policy to understand how Emma & Michele handles your personal information. The terms of our Privacy Policy are incorporated herein.
8. Copyright Dispute Policy: Emma & Michele has adopted the following policy toward copyright infringement on the Site in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any materials on the Site infringe upon your copyrights, you may submit a notification to our Designated Copyright Agent:
Emma & Michele Legal Department (Copyright Disputes)
[email protected]
Your written notification must include substantially the following:
- Your contact information, including your name, mailing address, telephone number, and email address;
- Identification of the copyrighted work you claim has been infringed, including a description of the work, title and other identifying details;
- Identification of the material that you claim infringes upon the copyrighted work listed above, and information reasonably sufficient to locate the material on the Site, including a link or URL if possible;
- A statement that you have a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Emma & Michele will review all written notices meeting the requirements above and take appropriate action, as required by the DMCA and other applicable intellectual property laws. Emma & Michele’s designated agent should be contacted only for copyright infringement claims – contact [email protected] for all other inquiries.
9. Questions: If you have any questions, comments or concerns regarding these Terms or the Site, please contact us at:
Emma & Michele
[email protected]
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