AGREEMENT TO OUR LEGAL TERMS

We are Embermont LLC ("Company," "we," "us," "our"), trading as Embermont.

We operate the website http://embermont.com/ (the "Site"), as well as any other related products and services that refer or link to these Legal Terms (the "Legal Terms") (collectively, the "Services").

Embermont is an e-commerce store offering home and outdoor products to customers in the United States.

You can contact us by email at support@embermont.com or by mail at 5618 Red Oak Court, Sacramento, CA 95829, United States.

These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Embermont, regarding your access to and use of the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Legal Terms. If you do not agree to all of these Legal Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

We may provide advance notice of any scheduled changes to the Services you use. Updated Legal Terms will become effective upon posting or after we notify you at support@embermont.com. By continuing to use the Services after the effective date of any changes, you agree to be bound by the revised Legal Terms.

The Services are intended for users who are at least 18 years of age. Individuals under the age of 18 are not permitted to use or register for the Services.

We recommend that you print or save a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided through the Services is not intended for distribution or use by any person or entity in any jurisdiction where such distribution or use would violate applicable laws or regulations or require us to register within that jurisdiction. Users who choose to access the Services from other locations do so on their own initiative and are solely responsible for complying with applicable local laws.

The Services are not intended to comply with industry-specific regulations, including the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or similar laws. If your use of the Services is subject to such regulations, you may not use the Services. You may also not use the Services in any manner that violates the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We own or hold licenses for all intellectual property rights in the Services, including all source code, databases, functionality, software, website designs, text, images, audio, video, graphics, and other content (collectively, the "Content"), as well as all trademarks, service marks, and logos displayed through the Services (the "Marks").

Our Content and Marks are protected by copyright, trademark, and other intellectual property laws in the United States and internationally.

The Content and Marks are provided through the Services on an "AS IS" basis for your personal, non-commercial use only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to:

• Access the Services.

• Download or print copies of any portion of the Content to which you have properly obtained access.

This license is provided solely for your personal, non-commercial use.

Except as expressly permitted by these Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, displayed, translated, transmitted, distributed, sold, licensed, or otherwise used for any commercial purpose without our prior written permission.

If you wish to use the Services, Content, or Marks beyond the permissions granted in these Legal Terms, please contact us at support@embermont.com. If permission is granted, you must properly acknowledge us as the owner or licensor and ensure that all copyright and proprietary notices remain visible.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any violation of these intellectual property rights constitutes a material breach of these Legal Terms and may result in the immediate termination of your right to use the Services.

Your Submissions

Before using our Services, please review this section together with the "PROHIBITED ACTIVITIES" section to understand the rights you grant us and your responsibilities when submitting content through the Services.

Submissions: Any questions, comments, suggestions, ideas, feedback, or other information you provide regarding the Services ("Submissions") become our exclusive property. We will own all intellectual property rights in such Submissions and may use and distribute them for any lawful purpose without acknowledgment or compensation to you.

Your Responsibility for Your Submissions

By submitting content through the Services, you represent and warrant that:

• You have read and agree to comply with the "PROHIBITED ACTIVITIES" section.

• Your Submissions are not unlawful, abusive, defamatory, hateful, discriminatory, threatening, obscene, misleading, fraudulent, or otherwise prohibited by law.

• To the fullest extent permitted by applicable law, you waive any moral rights you may have in your Submissions.

• Your Submissions are your original work, or you have obtained all necessary rights and permissions to submit them.

• You have full authority to grant us the rights described in these Legal Terms.

• Your Submissions do not contain confidential information.

You are solely responsible for your Submissions and agree to indemnify us for any loss or damage arising from (a) your breach of this section, (b) infringement of any third party's intellectual property rights, or (c) violation of applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:
(1) you have the legal capacity and agree to comply with these Legal Terms;
(2) you are at least 18 years of age in your jurisdiction;
(3) you will not access the Services through automated or non-human means, including bots, scripts, or similar methods;
(4) you will not use the Services for any unlawful or unauthorized purpose; and
(5) your use of the Services will comply with all applicable laws and regulations.

If you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny your current or future access to the Services, in whole or in part.

4. PRODUCTS

We make every effort to display the colors, features, specifications, and details of the products available through the Services as accurately as possible. However, we cannot guarantee that product descriptions, colors, specifications, or other details will always be accurate, complete, reliable, current, or error-free. The appearance of products may vary depending on your device's display settings.

Product availability is subject to change, and we cannot guarantee that all products will always be in stock. We reserve the right to discontinue any product at any time without notice. Prices for all products are subject to change without notice.

5. PURCHASES AND PAYMENT

We accept the following payment methods:

• Mastercard
• Visa

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services. You also agree to promptly update your account information, including your email address, payment method, and payment card expiration date, so we can process your transactions and contact you when necessary.

Applicable sales tax will be added to the purchase price where required. All prices are listed in USD and are subject to change without notice.

You agree to pay all charges at the prices in effect at the time your order is placed, including any applicable shipping fees. By placing an order, you authorize us to charge your selected payment method for the total amount due.

We reserve the right to correct pricing errors, even after payment has been requested or received.

We also reserve the right to refuse any order placed through the Services. At our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may apply to orders placed using the same customer account, payment method, billing address, or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. RETURN POLICY

Please review our Return Policy available on the Services before making a purchase.

7. PROHIBITED ACTIVITIES

You may access and use the Services only for their intended purpose. Unless expressly authorized by us, the Services may not be used for any commercial purpose.

By using the Services, you agree not to:

• Systematically collect data or content from the Services to create a collection, database, directory, or similar resource without our written permission.

• Mislead or deceive us or other users, including attempts to obtain sensitive account information such as login credentials.

• Circumvent, disable, or interfere with security-related features of the Services.

• Damage, defame, or otherwise harm us or the Services.

• Use information obtained from the Services to harass, abuse, or harm another person.

• Misuse our customer support services or submit false reports of abuse or misconduct.

• Use the Services in violation of any applicable laws or regulations.

• Frame or link to the Services without our prior authorization.

• Upload or transmit viruses, malware, Trojan horses, spam, repetitive content, or any material that interferes with the operation or security of the Services.

• Use automated systems such as bots, robots, scrapers, data mining tools, or similar technologies to access or collect information from the Services, except through standard search engine indexing.

• Remove copyright, trademark, or other proprietary notices from any Content.

• Impersonate another user or use another person's account without authorization.

• Upload or transmit spyware, web bugs, tracking mechanisms, or similar technologies designed to collect or transmit information without authorization.

• Interfere with or disrupt the Services, servers, or networks connected to the Services.

• Harass, threaten, intimidate, or abuse our employees, representatives, or agents.

• Attempt to bypass any security measures or access restrictions implemented on the Services.

• Copy, modify, decrypt, decompile, disassemble, or reverse engineer any software forming part of the Services, except where permitted by applicable law.

• Use purchasing agents or similar services to make purchases through the Services.

• Create accounts by automated means or collect usernames or email addresses for unsolicited communications.

• Use the Services in any manner that interferes with our business operations or for any unauthorized commercial or revenue-generating activity.

8. USER GENERATED CONTRIBUTIONS

Users are generally not permitted to submit or publish content through the Services. However, where the Services allow you to create, submit, publish, display, transmit, perform, distribute, or otherwise make available any materials or content (collectively, "Contributions"), you agree that:

• Your Contributions do not infringe upon the intellectual property rights of any third party, including copyrights, trademarks, patents, trade secrets, or moral rights.

• You own or have obtained all necessary rights, licenses, permissions, and consents required to submit your Contributions and authorize us, the Services, and other users to use them as permitted by these Legal Terms.

• You have obtained the written consent of any identifiable individual featured in your Contributions to use their name or likeness.

• Your Contributions are not false, misleading, or inaccurate.

• Your Contributions do not include unsolicited advertising, spam, chain letters, pyramid schemes, or other unauthorized promotional materials.

• Your Contributions are not unlawful, abusive, defamatory, obscene, threatening, discriminatory, harassing, hateful, violent, or otherwise objectionable.

• Your Contributions do not encourage violence against any individual or group.

• Your Contributions comply with all applicable laws and regulations.

• Your Contributions do not violate any person's privacy or publicity rights.

• Your Contributions comply with all applicable laws relating to minors and do not contain child exploitation material.

• Your Contributions do not contain offensive remarks based on race, religion, ethnicity, nationality, gender, disability, or sexual orientation.

• Your Contributions do not violate these Legal Terms or contain links to unlawful or prohibited content.

Any violation of these requirements may result in the suspension or termination of your right to use the Services.

9. CONTRIBUTION LICENSE

By submitting Contributions through the Services, you authorize us to access, store, process, and use any information and personal data you provide in accordance with our Privacy Policy and your selected preferences.

If you submit suggestions, feedback, or ideas relating to the Services, you grant us the right to use and distribute such feedback for any lawful purpose without compensation.

You retain ownership of your Contributions and any associated intellectual property rights. We are not responsible for any statements or representations made within your Contributions. You are solely responsible for your Contributions and agree to release and indemnify us against any claims arising from them.

10. GUIDELINES FOR REVIEWS

The Services may allow you to submit ratings or reviews. When posting a review, you agree that:

1. Your review is based on your genuine experience.

2. Your review does not contain offensive, abusive, discriminatory, hateful, or inappropriate language.

3. Your review does not include discriminatory comments relating to religion, race, gender, nationality, age, marital status, disability, or sexual orientation.

4. Your review does not promote or encourage illegal activities.

5. You are not posting reviews on behalf of competitors or for anti-competitive purposes.

We reserve the right, at our sole discretion, to accept, reject, or remove reviews without notice. We are not obligated to monitor or remove reviews, even if they are considered offensive or inaccurate.

Reviews reflect the opinions of their authors only and do not necessarily represent our views or those of our affiliates or partners. We are not responsible for any claims, damages, or losses arising from reviews.

By submitting a review, you grant us a perpetual, worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, modify, translate, publish, distribute, and display your review in any media.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may include links to third-party websites ("Third-Party Websites") or display content owned or provided by third parties ("Third-Party Content"), including text, images, graphics, videos, software, applications, and other materials.

We do not investigate, monitor, or verify the accuracy, completeness, or reliability of Third-Party Websites or Third-Party Content. We are not responsible for the content, privacy practices, policies, products, or services of any Third-Party Website.

The inclusion of Third-Party Websites or Third-Party Content does not constitute our endorsement.

If you choose to access Third-Party Websites or use Third-Party Content, you do so entirely at your own risk. We encourage you to review the terms, privacy policies, and other applicable policies of those third parties before using their websites or services.

Any purchases or transactions you make with third parties are solely between you and the applicable third party. We are not responsible for any aspect of those transactions and disclaim all liability for any damages or losses arising from your interactions with Third-Party Websites or Third-Party Content.

12. SERVICES MANAGEMENT

We reserve the right, but are not obligated, to:

1. Monitor the Services for violations of these Legal Terms.

2. Take appropriate legal action against any person who violates applicable law or these Legal Terms.

3. Restrict, suspend, disable, or terminate access to any part of the Services at our sole discretion, to the extent permitted by law.

13. PRIVACY POLICY

We value your privacy and the security of your personal information. Please review our Privacy Policy, which is incorporated into these Legal Terms by reference.

Please note that the Services are hosted in Canada. If you access the Services from a jurisdiction outside Canada where privacy laws differ, you acknowledge and consent to the transfer and processing of your information in Canada.

14. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services.

We reserve the right, in our sole discretion and without notice or liability, to deny access to or use of the Services, including blocking certain IP addresses, if you violate these Legal Terms or any applicable law.

We may suspend or terminate your account, remove any content you have submitted, or discontinue your access to the Services at any time without prior notice.

If your account is suspended or terminated, you may not register a new account using your own name, another person's name, or a fictitious identity.

We also reserve the right to pursue any legal remedies available under applicable law.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify, update, suspend, discontinue, or remove any part of the Services at any time without prior notice.

We are not liable for any modification, suspension, discontinuation, or interruption of the Services.

We cannot guarantee that the Services will always be available. Maintenance, technical issues, hardware failures, software errors, or other circumstances may result in interruptions, delays, or errors.

You acknowledge that we are not responsible for any loss, damage, or inconvenience resulting from the unavailability of the Services.

Nothing in these Legal Terms requires us to provide maintenance, support, updates, or future releases of the Services.

16. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of law principles. These Legal Terms apply to agreements made and performed within the State of California.

17. DISPUTE RESOLUTION

Informal Negotiations

To encourage the efficient and cost-effective resolution of any claim, dispute, or controversy arising out of or relating to these Legal Terms (collectively, "Disputes"), you and Embermont (each a "Party" and together the "Parties") agree to first attempt to resolve any Dispute through informal negotiations for at least thirty (30) days before initiating arbitration. Informal negotiations begin when one Party provides written notice to the other.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be resolved exclusively through binding arbitration, except for those matters specifically excluded below.

YOU UNDERSTAND THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY TRIAL.

Arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where applicable, the AAA Consumer Arbitration Rules, available on the AAA website.

Arbitration may take place by telephone, online, in person, or through written submissions, as determined by the arbitrator. The arbitrator's decision shall be in writing and shall be final and binding.

Unless otherwise required by applicable law or AAA rules, arbitration shall take place in California, United States.

Either Party may seek judicial assistance to compel arbitration, stay court proceedings pending arbitration, or enforce, modify, or challenge an arbitration award as permitted by law.

If arbitration is unavailable for any reason, any legal action shall be brought exclusively in the state or federal courts located in California, and both Parties consent to the jurisdiction of those courts.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Legal Terms.

Unless prohibited by applicable law, any claim relating to the Services must be brought within one (1) year after the cause of action arises.

Restrictions

The Parties agree that:

• Arbitration shall be limited solely to the individual dispute between the Parties.

• No arbitration may be consolidated with any other proceeding.

• No arbitration may proceed as a class action or representative action.

• No Party may bring claims on behalf of the public or any other person.

Exceptions to Arbitration

The following disputes are not subject to informal negotiations or binding arbitration:

• Claims involving intellectual property rights.

• Claims involving theft, piracy, invasion of privacy, or unauthorized use.

• Claims seeking injunctive or equitable relief.

If any portion of this arbitration provision is found to be unenforceable, the affected dispute shall instead be resolved by a court of competent jurisdiction in California, and both Parties consent to that court's jurisdiction.

18. CORRECTIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, or other information.

We reserve the right to correct any errors, inaccuracies, or omissions and to update or modify information on the Services at any time without prior notice.

19. DISCLAIMER

The Services are provided on an "AS IS" and "AS AVAILABLE" basis.

Your use of the Services is entirely at your own risk.

To the fullest extent permitted by law, Embermont disclaims all express and implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee the accuracy, completeness, or reliability of the Services or any linked third-party websites or applications.

We are not responsible for:

• Errors or inaccuracies in content.

• Personal injury or property damage resulting from your use of the Services.

• Unauthorized access to or use of our servers or stored information.

• Products or services offered by third parties through the Services or linked websites.

We do not endorse or guarantee any third-party products or services and are not responsible for transactions between you and third-party providers. You should exercise your own judgment before purchasing products or services from third parties.

20. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Embermont, including its directors, employees, affiliates, agents, and representatives, shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of the Services.

This includes, without limitation:

• Loss of profits

• Loss of revenue

• Loss of data

• Business interruption

• Other intangible losses

Our total liability to you for any claim arising from these Legal Terms or your use of the Services shall not exceed the amount you paid to us, if any.

Some jurisdictions do not permit certain warranty disclaimers or liability limitations. In those jurisdictions, portions of this section may not apply to you.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Embermont, its affiliates, subsidiaries, officers, employees, agents, partners, and representatives from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services.

• Your violation of these Legal Terms.

• Your breach of any representation or warranty contained in these Legal Terms.

• Your violation of any third-party rights.

• Your violation of applicable laws or regulations.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate fully with our defense of any such claim. We will make reasonable efforts to notify you of any claim subject to this indemnification upon becoming aware of it.

22. USER DATA

We retain certain information that you submit through the Services to manage the functionality of the Services, as well as information relating to your use of the Services. Although we routinely back up our data, you are solely responsible for any information you transmit or any activity you undertake while using the Services.

You agree that Embermont shall not be liable for any loss or corruption of your data, and you waive any right of action against us arising from such loss or corruption.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Services, sending emails, or submitting online forms, you consent to receive electronic communications from us.

You agree that all agreements, notices, disclosures, and other communications we provide electronically, whether by email or through the Services, satisfy any legal requirement that such communications be in writing.

You also consent to the use of electronic signatures, contracts, orders, records, and other electronic communications, and you waive any rights requiring non-electronic records, signatures, or payments under applicable law.

24. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

Address: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834

25. MISCELLANEOUS

These Legal Terms, together with any policies or operating rules posted on the Services, constitute the entire agreement between you and Embermont regarding your use of the Services.

Our failure to enforce any provision of these Legal Terms does not constitute a waiver of that provision or any other right.

These Legal Terms shall be enforced to the fullest extent permitted by applicable law.

We may assign our rights and obligations under these Legal Terms at any time without restriction.

We are not responsible for any delay, failure, or interruption caused by events beyond our reasonable control.

If any provision of these Legal Terms is determined to be unlawful, invalid, or unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

Nothing in these Legal Terms creates a partnership, joint venture, employment, or agency relationship between you and Embermont.

You agree that these Legal Terms shall not be interpreted against us merely because we drafted them, and you waive any defense based on the electronic form of these Legal Terms or the absence of physical signatures.

26. CONTACT US

If you have any questions about these Legal Terms or the Services, please contact us using the information below.

Our Business Information

Store Name: Embermont
Company Name: Embermont LLC
E-mail: support@embermont.com
Address: 5618 Red Oak Court, Sacramento, CA 95829, United States
Service Hours: Monday–Friday | Customer service replies within 24–48 hours during working days.