Welcome to the Embervales website located at embervales.com (the “Site”). The Site is an Internet property of Embervales (“Embervales,” “we,” “our” or “us”). You agree to the following Embervales Terms of Service (“TOS”), in their entirety when you: (a) access or use the Site; (b) access and/or view any of the videos, audio, stories, testimonials, text, photographs, graphics, artwork and/or other content featured on the Site (collectively, the “Content”); (c) access links to Embervales’s® social media pages/accounts on third party social media websites, such as Facebook® and Instagram® (collectively, “Social Media Pages”); (d) utilize the contact form and/or other functionality as a means to make inquiries and/or request being contacted by Embervales (collectively, “Contact Services”); (e) sign up to participate in Embervales’s® Refer-a-Friend program (“Refer-a-Friend Program”); (f) utilize our pet store finder to locate participating pets stores and related retail establishments near your designated location (“Pet Store Finder”); and/or (g) purchase any of the pet-related products and/or services made available by and through the Site (collectively, the “Product(s)” and together with the Site, Content, Social Media Pages, Contact Services, Refer-a-Friend Program and Pet Store Finder, the “Embervales Offerings”).
Before you may use the Embervales Offerings, you must read and accept all of the terms and conditions contained in, and linked to, these TOS) and the linked Privacy Policy including, without limitation, the Return Policy and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time-to-time, all of which are expressly incorporated herein by reference (collectively, the “Agreement”). If these TOS conflict with any other document, these TOS will control for the purposes of usage of the Embervales Offerings. You may only use certain portions of the Site if you are a Embervales registered buyer or seller. By using and/or accessing the Embervales Offerings, you agree to comply with and be bound by the Agreement in its entirety. please review the terms of the agreement carefully. if you do not agree to the agreement in its entirety, you are not authorized to access, download and/or use, as applicable, the Embervales offerings in any manner or form.
Please be advised that Embervales does not itself manufacture or produce the products. Further, the products contain descriptions that are provided directly by the manufacturers or distributors of such products. Embervales does not represent or warrant that the descriptions of such products are accurate or complete. As a result, Embervales has no control over the quality, safety or legality of the products.
Embervales attempts to be as accurate as possible with Product descriptions and prices. However, Embervales does not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from Embervales’s® suppliers, Embervales shall have the right to refuse or cancel any orders placed for such products listed at the incorrect price. Embervales shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and whether or not your credit or debit card has been charged.
Scope and Modification of the Agreement.
The Agreement constitutes the entire and only agreement between you and Embervales with respect to your use of the Embervales Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you;however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Embervales Offerings. By your continued use of any of the Embervales Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
Requirements and Necessary Equipment.
The Embervales Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Embervales Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) and/or if you are unable to enter into legally binding contracts under applicable law, you do not have permission to use and/or access the Embervales Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Embervales Offerings. Embervales does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Embervales does not guarantee that the Embervales Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; and/or (d) in all geographical areas. Standard Internet service provider, data and wireless access fees may apply to your use of the Embervales Offerings. You are fully responsible for all such charges and Embervales has no liability or responsibility to you, whatsoever, for any such charges billed by your Internet service provider and/or wireless carrier.
License and Access to the Embervales Offerings.
Embervales grants you a limited license to access and make personal use of the Embervales Offerings. This license does not include the right to: (a) download or copy account information for the benefit of another vendor or any other third party; (b) cache unauthorized hypertext links to the Site or frame any of the Content made available by and/or through the Site; (c) upload, post or transmit any content that you do not have a right to make available (including, but not limited to, the intellectual property of another party); (d) upload, post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) copy, redistribute, publish or sell any part of the Embervales Offerings; (f) take any action that imposes or may impose (in Embervales’s® sole discretion) an unreasonable or disproportionately large load on Embervales’s® infrastructure; or (g) engage in the systematic retrieval of material from the Embervales Offerings by automated means or any other form of data mining, scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Embervales. You may not bypass any measures used by Embervales to prevent or restrict access to the Site and/or other Embervales Offerings. Any unauthorized use of the Embervales Offerings by you shall immediately terminate the permission or license granted to you by Embervales.
Your Account and Registration.
In order to complete the Site registration process, in connection with your purchase of products and in connection with your use of certain other Embervales Offerings, Embervales will collect your: (a) full name; (b) e-mail address; (c) billing/mailing address; (d) telephone number; (e) credit card information (where you wish to purchase products); and/or (f) any other information requested on the applicable form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete (or if the Registration Data becomes untrue, inaccurate, not current or incomplete), or Embervales has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, Embervales has the right to suspend or terminate your account and refuse any and all current or future use of the Embervales Offerings (or any portion thereof).
You are responsible for maintaining the confidentiality of your account information and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur by and through your account or password, including any purchases made therethrough. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Embervales immediately of any unauthorized use of your account or any other breach of security. Embervales reserves the right to refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
Testimonials, Reviews and Submitted Content.
Testimonials. From time-to-time, Embervales may permit end-users to submit reviews and testimonials regarding certain of the Embervales Offerings, as well as biographical information associated with such end-users (collectively “Testimonials”). By submitting a Testimonial, you irrevocably grant to Embervales the right to use the Testimonial in any and all forms of marketing and promotional material, whether now known or hereinafter developed including, without limitation, website publication, print advertisements (“ads”), online ads, television ads, radio ads, interactive media, as well as printed extracts and reproductions of any portion thereof, and for any and all other uses. You certify to Embervales that everything you stated in the Testimonial is true and an expression of your personal belief. You acknowledge and agree that: (a) at no time did Embervales provide you with any consultation, advice or guidance with respect to the substance of the Testimonial; (b) you are not an employee, officer or director of Embervales; (c) you are not an immediate family member of an employee, officer or director of Embervales; and (d) you are not living in the same household with an employee, officer or director of Embervales.
You understand and agree that the Testimonial, in whole or in part, may be edited and/or dramatized, and that any part of the Testimonial may be used without compensation to you. You agree that no ad or other material incorporating or making reference to the Testimonial need be submitted to you for approval. Embervales shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Testimonial. You expressly release Embervales from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, ad or promotion utilizing or incorporating the Testimonial, or any other use of the Testimonial whatsoever. You acknowledge and agree that Embervales shall not be liable for any causes of action or claims related to your decision to provide the Testimonial to Embervales.
Unsolicited Information.
By submitting any unsolicited information and/or materials, including comments, ideas, questions, designs and other communications (collectively, “Unsolicited Information”) to Embervales through the Site or otherwise, you agree to be bound by the terms and conditions set forth in this Section 7. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site or otherwise. All Unsolicited Information will be considered non-confidential and non-proprietary. Embervales, and/or any of its affiliates, may use such Unsolicited Information for any commercial or non-commercial purpose whatsoever including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, Embervales and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any Unsolicited Information that you provide by and through the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you grant Embervales a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Indemnity.
You agree to indemnify, defend and hold Embervales, its parents, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys (collectively, the “Embervales Parties”), harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to: (a) any dispute between you and any other Site user or third party; (b) your breach of the Agreement; (c) your use of the Embervales Offerings in violation of any applicable law; and/or (d) your use of the Embervales Offerings in any manner whatsoever. The provisions of this Section 10 are for the benefit of the Embervales Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its/her/his own behalf.
Social Media Pages.
The Site contains links to the various Embervales Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Embervales shall not be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
Pet Store Finder.
The Pet Store Finder enables end-users to conduct a search for participating pet stores and related retail establishments located near the address/zip code supplied by that particular end-user (collectively, “Stores”). The Pet Store Finder may provide links, listings and an interactive map for some or all of the Stores. Please note that Embervales does not sponsor, recommend or endorse any Stores their products and/or services. Some of the Stores that are accessible by and through the Pet Store Finder pay a fee for inclusion in the Pet Store Finder. The pricing displayed on our Site is not necessarily the pricing our users should expect to find in any applicable Stores. We do not guarantee that a specific product, service and/or brand will be available in any applicable Store. You understand and agree that Embervales shall not be liable to you or any third party for any products and/or services offered by any Store, and/or any transactions entered into between you and any Store.
Links.
The Site may provide links to other World Wide Web sites or resources that are owned and operated by third parties including, without limitation, the Social Media Websites and Stores. The inclusion of any link does not imply endorsement by Embervales of the applicable website or any association with the website’s operators. Because Embervales has no control over such sites and/or resources, you acknowledge and agree that Embervales is not responsible for the availability of such third party sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Embervales 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Use of End-User Information.
All material submitted by end-users through or in association with the Embervales Offerings, including, without limitation, the Registration Data, Testimonials and Unsolicited Information shall be subject to the Privacy Policy. For more information, please refer to the linked Privacy Policy.
Intellectual Property Rights.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Embervales Offerings are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Embervales Offerings is strictly prohibited. You do not acquire ownership rights in or to the Embervales Offerings, or any content, document, software, services or other materials viewed at or through the Site or otherwise by and/or through the Embervales Offerings. “Embervales” is a registered trademark of Omnipet, Inc. d/b/a Embervales. All trademarks, brand names, custom graphics, icons and service names associated with the products are the intellectual property of their rightful owners including, without limitation, the applicable manufacturers and/or distributors of such products. The use of any Embervales trademark without Embervales’s® express written consent is strictly prohibited. The use of any third party trademark without that party’s express written consent is strictly prohibited. The posting of information or material on the Site or otherwise by and through the Embervales Offerings by Embervales does not constitute a waiver of any right in or to such information and/or materials.