Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Emory Fig. The terms “we,” “us,” and “our” refer to Emory Fig. Emory Fig operates this store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience.

Emory Fig is powered by Shopify, which helps us provide the Services to you.

These Terms of Service, together with any policies referenced here, describe your rights and responsibilities when you use our website, store, products, and services.

Please read these Terms carefully. They include important information about your legal rights, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. If you allow any minor dependent to use the Services on a device you own, purchase, or manage, you are responsible for their use of the Services.

To use the Services, including browsing our online store or purchasing products, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide that information.

You are responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make every effort to accurately display our products and services in our online store. However, colors and product appearance may vary depending on your device, screen settings, and lighting.

We do not guarantee that the appearance or quality of any product will match exactly how it appears online.

Product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time. We may also limit product quantities by person, geographic region, or jurisdiction at our discretion.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Emory Fig reserves the right to accept or decline your order for any reason.

Your order is not accepted until Emory Fig confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. We may be unable to cancel or change an order after it has been accepted.

If we decline, change, or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided at checkout.

Purchases are subject to our Refund Policy.

You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product will be the price in effect at the time your order is placed and shown in your order confirmation email.

Unless stated otherwise, posted prices do not include taxes, shipping, handling, customs fees, or import charges.

We may offer promotions from time to time. Promotions may have separate terms and conditions. If there is a conflict between a promotion’s terms and these Terms, the promotion terms will apply.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You agree to promptly update your account and payment information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you if needed.

You represent and warrant that:

1. The payment information you provide is true, correct, and complete.
2. You are authorized to use the payment method provided.
3. Charges incurred by you will be honored by your payment provider.
4. You will pay all charges at the posted prices, including shipping, handling, and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, weather, incorrect addresses, or events outside our control.

Once products are transferred to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brand names, text, images, graphics, product reviews, videos, audio, designs, layouts, and other content, are owned by Emory Fig, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.

These Terms allow you to use the Services for personal, non-commercial use only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Nothing in these Terms grants you any rights to use the intellectual property of Emory Fig, Shopify, or any third party except as expressly allowed.

Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted are reserved by Emory Fig.

Emory Fig’s names, logos, product names, service names, designs, and slogans are trademarks of Emory Fig or its affiliates or licensors. You may not use these trademarks without prior written permission from Emory Fig.

Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools offered by third parties. We do not monitor, control, or endorse these tools.

You acknowledge and agree that third-party tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind.

We are not liable for your use of optional third-party tools.

Your use of third-party tools is at your own risk. You should review and understand the terms provided by the relevant third-party provider.

Any new features, tools, or resources added to the Services will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links or materials from third-party websites or services.

We are not responsible for reviewing or evaluating third-party content, accuracy, policies, products, or services.

If you choose to access third-party websites, you do so at your own risk.

We are not liable for harm, damages, or losses related to your use of third-party websites, products, services, resources, or content.

Please review third-party policies carefully before completing any transaction. Complaints, claims, concerns, or questions about third-party products or services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Emory Fig is powered by Shopify, which helps us provide the Services to you.

However, any purchases you make through our store are made directly with Emory Fig.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Emory Fig, including any injury, damage, or loss related to products or services purchased from Emory Fig.

You release Shopify and its affiliates from claims, damages, and liabilities related to your purchases and transactions with Emory Fig.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services to provide and improve the Services.

Information you submit through the Services may be shared with Shopify and other service providers, including third parties located in countries other than where you live.

Please review our Privacy Policy for more details about how we, Shopify, and our partners collect, use, and share personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise send us ideas, suggestions, feedback, reviews, proposals, plans, or other content, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that content in any medium for any purpose, including commercial use.

We may use this feedback to operate, improve, promote, and provide the Services.

You represent and warrant that:

1. You own or have all necessary rights to the feedback.
2. You have disclosed any compensation or incentives received in connection with the feedback.
3. Your feedback complies with these Terms.

We are not obligated to keep feedback confidential, pay compensation for feedback, or respond to feedback.

We may monitor, edit, or remove feedback that we determine is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or in violation of these Terms or another party’s rights.

You agree that your feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You also agree that your feedback will not contain unlawful, abusive, obscene, false, or misleading content, or any virus, malware, or harmful code.

You may not use a false email address, pretend to be someone else, or mislead us or third parties about the origin of feedback.

You are solely responsible for the feedback you submit and its accuracy. We take no responsibility and assume no liability for feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

There may occasionally be information on the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions. We may change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

1. For any unlawful or malicious purpose.
2. To violate any law, rule, regulation, or ordinance.
3. To infringe on our intellectual property rights or the rights of others.
4. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm our employees or any other person.
5. To transmit false or misleading information.
6. To upload, send, receive, download, use, or reuse material that violates these Terms.
7. To send advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations.
8. To impersonate another person or entity.
9. To engage in conduct that restricts or interferes with another person’s use of the Services.
10. To act in a way that may harm Emory Fig, Shopify, users of the Services, or expose them to liability.

You also agree not to:

1. Upload or transmit viruses, malware, or harmful code.
2. Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services.
3. Collect or track personal information of others.
4. Spam, phish, pharm, pretext, or scrape the Services.
5. Use robots, spiders, scraping tools, data extraction tools, automated devices, manual scraping methods, or AI agents to access the Services.
6. Interfere with or bypass security features, authorization features, robot exclusion headers, or access restrictions.

We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you violated these Terms.

SECTION 14 - AGENTS

This section applies if you use, allow, enable, or deploy an Agent to access, use, or interact with the Services.

“Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and can be executed without direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in accordance with these Terms.

We may limit whether and how any Agent accesses, uses, or interacts with the Services.

Agents must:

1. Identify themselves in all HTTP or HTTPS requests by including “Agent/[agent name]” in the user agent string.
2. Not conceal or hide that access or interaction is coming from an Agent.
3. Not mimic human behavior or interaction patterns to avoid detection.
4. Not complete or bypass CAPTCHAs or measures intended to distinguish computer use from human use.
5. Respond truthfully to any prompt or question asking whether the interaction is coming from a human or computer.
6. Not bypass or avoid any measure intended to block, limit, modify, or control Agent access.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, in whole or in part, at any time and without notice.

You remain responsible for all amounts due up to and including the date of termination.

The following sections will continue to apply after termination:

Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information provided through the Services is for general information purposes only.

We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on it is at your own risk.

To the fullest extent permitted by law, Emory Fig disclaims liability and responsibility arising from reliance on information provided through the Services.

Except as expressly stated by Emory Fig, the Services and all products offered through the Services are provided “as is” and “as available,” without warranties or conditions of any kind, either express or implied.

This includes implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow certain warranty disclaimers, so some of the above disclaimers may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Emory Fig, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, and Shopify’s affiliates will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages.

This applies whether the claim is based in contract, tort, negligence, strict liability, or otherwise, and whether it arises from:

1. Your use of the Services.
2. Any product purchased through the Services.
3. Errors or omissions in content.
4. Any loss or damage from content or products made available through the Services.

This applies even if we were advised of the possibility of such damages.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Emory Fig, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising from:

1. Your breach of these Terms or any documents incorporated by reference.
2. Your violation of any law or third-party rights.
3. Your access to or use of the Services.

We will notify you of any claim that may require indemnification. Failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of any claim at your expense, including choice of counsel. We will not settle any claim requiring non-monetary obligations from you without your consent, which may not be unreasonably withheld.

You agree to cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will still be enforced to the fullest extent permitted by law.

The unenforceable portion will be considered severed from these Terms.

This will not affect the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms and any policies or operating rules posted by us make up the entire agreement between you and Emory Fig and govern your use of the Services.

These Terms replace any prior or current agreements, communications, and proposals between you and us, whether oral or written, including prior versions of these Terms.

Any ambiguity in these Terms will not be interpreted against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms, or any rights or obligations under these Terms, without our prior written consent.

Any attempt to do so without consent will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide the Services are governed by the laws of the jurisdiction where Emory Fig is headquartered, without regard to conflict of law principles.

You and Emory Fig consent to venue and personal jurisdiction in the courts located in that jurisdiction.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only. They do not limit or affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting updates to our website.

It is your responsibility to check our website periodically for changes.

We will notify you of material changes when required by applicable law. Changes will be effective on the date stated in the notice.

Your continued use of or access to the Services after changes are posted means you accept those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

support@emoryfig.com