Terms of service

This website is operated by EMIÉ Activewear LLC (“EMIÉ,” “we,” “us,” or “our”). Throughout the site, the terms “we”, “us”, and “our” refer to EMIÉ Activewear LLC.
EMIÉ provides this website, including all information, content, products, tools, and services available through the site (collectively, the “Service”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

By visiting our website, accessing any portion of the Service, or purchasing products from us, you agree to be bound by these Terms of Service (“Terms”), including any additional policies referenced within these Terms or available via hyperlink.
These Terms apply to all users of the website, including without limitation browsers, customers, vendors, merchants, affiliates, and contributors of content.
If you do not agree to these Terms in their entirety, you may not access or use the website or any Services.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to offer products and services to customers.

SECTION 1 - ELIGIBILITY AND ONLINE STORE TERMS
By using this website, you represent that:
You are at least the age of majority in your state or country of residence; or

  • You are using the site with the supervision and consent of a legal guardian.
  • You agree not to use our products or Services for any unlawful or unauthorized purpose. You must not violate any applicable laws or regulations when using the Service.

You may not introduce viruses, malicious code, or any technology intended to disrupt or damage the website or Services.
Any violation of these Terms may result in termination or suspension of your access to the Service.

SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any lawful reason.
You understand that information you provide (excluding payment information) may be transferred across networks and may involve technical modifications necessary to conform to different devices or systems.

All payment information transmitted through the site is encrypted and processed through secure third-party payment providers.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the website, Service, or content without our express written permission.
Headings within these Terms are provided for convenience and do not affect interpretation.

SECTION 3 - ACCURACY OF WEBSITE INFORMATION
We strive to ensure that all information on our website is accurate and current. However, we do not guarantee that all content, product descriptions, pricing, or other information is complete, accurate, or up to date.

Information provided on the site is for general informational purposes only and should not be relied upon as the sole basis for making purchasing decisions.
We reserve the right to correct errors, inaccuracies, or omissions at any time without prior notice.

SECTION 4 - PRODUCT AVAILABILITY AND PRICING
All product prices, descriptions, and availability are subject to change without notice.
Certain products may be available exclusively online through our website and may have limited quantities.

We reserve the right to:

  • Limit quantities purchased per customer, household, or order
  • Restrict sales to specific regions or jurisdictions
  • Discontinue products at any time

All purchases are subject to our Shipping Policy and Returns & Exchanges Policy.
We make every effort to display product colors and images accurately; however, we cannot guarantee that your device’s display will reflect colors precisely.

SECTION 5 - ORDER ACCEPTANCE AND BILLING INFORMATION
We reserve the right to refuse or cancel any order at our sole discretion.
We may limit or cancel quantities purchased per person, household, or order, including orders placed under the same account, payment method, or shipping address.
If an order is canceled or modified, we may attempt to notify you using the contact information provided during checkout.
You agree to provide accurate and complete purchase and account information for all orders placed through our website.

SECTION 6 - THIRD-PARTY SERVICES AND TOOLS
Our website may provide access to third-party services, tools, or integrations that we do not control or monitor.

Such services may include payment processors, analytics providers, shipping carriers, or marketing platforms.

These tools are provided “as is” and “as available”, and we make no warranties regarding their availability, accuracy, or performance.
Your use of third-party services is governed by the terms and policies of those third parties.

SECTION 7 - THIRD-PARTY LINKS
Our website may include links to third-party websites or services that are not owned or controlled by EMIÉ.

We are not responsible for examining or evaluating the content or accuracy of third-party websites and disclaim any liability for materials, products, or services provided by them.
Users should review the policies and terms of any third-party site before engaging in transactions with them.

SECTION 8 - USER SUBMISSIONS AND FEEDBACK
If you submit feedback, comments, suggestions, reviews, or other materials (“Submissions”) to EMIÉ, whether through the website, email, or social media, you grant us the unrestricted right to use, reproduce, modify, publish, and distribute those submissions for business purposes.

We are under no obligation to:

  • Maintain submissions in confidence
  • Provide compensation for submissions
  • Respond to submissions

You agree that your submissions will not violate any rights of third parties or contain unlawful, defamatory, or harmful content.

SECTION 9 - PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy.

By using the Service, you consent to the collection and use of personal information as described in that policy.

SECTION 10 - PROHIBITED USES
You may not use the website or Service for any unlawful or prohibited purpose, including but not limited to:

  • Violating any laws or regulations
  • Infringing upon intellectual property rights
  • Harassing or harming others
  • Uploading malicious software or harmful code
  • Collecting personal information from others without consent
  • Attempting to bypass security measures on the website

We reserve the right to terminate access to the Service for any user who violates these restrictions.

SECTION 11 - DISCLAIMER OF WARRANTIES
The Service and all products delivered through the website are provided “as is” and “as available.”

To the fullest extent permitted by law, EMIÉ disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that:

  • The website will operate without interruption
  • The Service will be error-free

The results obtained from using the Service will be accurate or reliable

SECTION 12 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, EMIÉ Activewear LLC and its owners, employees, affiliates, agents, and service providers shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from:

  • Use of the website
  • Purchase or use of products
  • Inability to access the Service
  • Errors or omissions in website content

In jurisdictions that do not allow certain liability limitations, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless EMIÉ Activewear LLC and its officers, employees, affiliates, and service providers from any claims, damages, liabilities, or legal fees arising from:

  • Your violation of these Terms
  • Your misuse of the Service
  • Your violation of applicable laws or third-party rights

SECTION 14 - SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall be deemed severed from the agreement and shall not affect the validity of the remaining provisions.

SECTION 15 - TERMINATION
These Terms remain in effect unless terminated by either you or EMIÉ.
We may suspend or terminate your access to the website if we determine that you have violated these Terms or engaged in conduct that may harm EMIÉ, its customers, or its business operations.
Termination does not affect obligations or liabilities incurred prior to termination.

SECTION 16 - ENTIRE AGREEMENT
These Terms of Service, along with any policies posted on our website (including the Privacy Policy, Shipping Policy, and Returns Policy), constitute the entire agreement between you and EMIÉ regarding the use of our website and Services.
They supersede any prior agreements or communications related to the Service.

SECTION 17 - GOVERNING LAW
These Terms of Service and any disputes arising from your use of the website or purchase of products shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to conflict-of-law principles.

SECTION 18 - CHANGES TO THESE TERMS
We reserve the right to update or modify these Terms at any time.
Any updates will be posted on this page with a revised “Last Updated” date.
Your continued use of the website following any changes constitutes acceptance of the updated Terms.

SECTION 19 - CONTACT INFORMATION
Questions about these Terms of Service may be directed to:
EMIÉ Activewear LLC
68 Main Street Unit 54, Leominster, MA 01453
Email: info@emieactive.com