Acceptance and Modification of the Terms of Use.
Your access and use of any website, mobile site, Facebook site, Twitter page, Instagram platform or other social media channel owned and/or operated by Emelia’s Apothecary (“Emelia’s Apothecary”, “we”, “us” or “our”), which includes Emelia’s Apothecary affiliated companies, now or in the future (collectively and individually, the “Site”) are governed by these terms of use (the “Terms of Use”). By accessing, browsing and/or using our Site you acknowledge that you have read, understood and accepted, without reservation, these Terms of Use, as modified from time to time by us.

If you do not agree to these Terms of Use, do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. If we decide to modify our Terms of Use, we will post a new version on the Site. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you should leave the Site and cease all use of the Site.  Your continued use of the Site signifies that you agree to be bound by these Terms of Use as they are amended.

Copyright and Intellectual Property
The content of our Site and namely but not exclusively the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the exclusive property of and owned by Emelia’s Apothecary or its affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law. Except as expressly provided in Section 3 hereinafter, nothing contained on our Site shall be interpreted or construed as granting you a license or a right to use any such content of our Site.

All of the content made available through the Site, including, but not limited to, all text and images (“Content”), and all software used to make the Site available are and shall remain the property of Emelia’s Apothecary and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time Emelia’s Apothecary may permit you to download and view one (1) copy of selected Content on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Emelia’s Apothecary to access and use the Site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by Emelia’s Apothecary, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Services, all or any part of the Site, or any Content made available through the Site.

Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Emelia’s Apothecary or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by Emelia’s Apothecary, whether registered or unregistered, may not be used in connection with any product or service that is not Emelia’s Apothecary. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Emelia’s Apothecary trade names, trademarks or service marks without our express prior written consent. Emelia’s Apothecary will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

Use of the Site
You may not access, copy, download or print the content of our Site solely for your personal, non-commercial use. Any use of content on the Site, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of the Site, in whole or in part and by any means, is strictly prohibited. Emelia’s Apothecary or its licensors or content providers retain full and complete title to the content provided on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Emelia’s Apothecary sole discretion. Emelia’s Apothecary neither warrants nor represents that your use of any content displayed on the Site will not infringe rights of third parties. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading or printing any content made available on or accessed through the Site. You hereby covenant and agree that your use of the Site and any permitted use of such content shall not infringe any rights of any third parties.

Information Deemed Non-Confidential.
You acknowledge that you are responsible for any material you may submit via the Site or otherwise through the internet to Emelia’s Apothecary, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to Emelia’s Apothecary through the internet any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site. If you do submit material, and unless we indicate otherwise, you grant Emelia’s Apothecary and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Emelia’s Apothecary is free to use any ideas, concepts, and know-how that you or individuals acting on your behalf provide to Emelia’s Apothecary. You grant Emelia’s Apothecary and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via the Site will be handled in accordance with the Site’s online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Emelia’s Apothecary for all claims resulting from content you supply.

If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Emelia’s Apothecary under any fiduciary or other obligation.

Rules for Using the Site.

You agree to follow the conduct rules listed below:

• You will not knowingly provide or post any false, misleading, or fraudulent information.
• You will not use the Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
• All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
• Information provided or posted by you will not violate the trade secret rights of any third party.
• Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
• You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
• You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
• You will not use the Site to transmit any spyware, virus or similar destructive program or code.
• You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
• You will not access or attempt to access any restricted portion of the site unless you have specifically been granted access.
  
  Site Access
  We may discontinue all or part of the Site at any time, in our sole discretion. Emelia’s Apothecary may block or limit your access to the Site, with or without notice to you, and without liability to you, if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation relating to your use of the Site; (c) you engage in any conduct which Emelia’s Apothecary, in its sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to Emelia’s Apothecary  or others. To ensure that we provide a high quality experience for you and for other users of the Site, you agree that we and/or our representatives may access and/or review information provided when you comment on the Site on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.Minors and Children.The Site may not be suitable for minors. Minors and children (persons under the age of 18) are encouraged not to use the Site unsupervised. By using the Site unsupervised, you warrant that you are 18 years of age or older. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Please note that Emelia’s Apothecary does not endorse any of the products or services identified on such sites.
  
  Change of Information, Availability of Products / Services.
  The products displayed on the Site may be available on our Site for purchase. The products and prices displayed on the Site are subject to change at any time with or without notice. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. Emelia’s Apothecary may accept or reject your offer, and your offer is not accepted by Emelia’s Apothecary until Emelia’s Apothecary ships your order. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. Emelia’s Apothecary makes no guarantee that information on the Site is error-free, complete or current. Emelia’s Apothecary reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, Emelia’s Apothecary may decline your offer or Emelia’s Apothecary may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.

In connection with placing an order, you may be asked by Emelia’s Apothecary or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Emelia’s Apothecary or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or another payment mechanism, as well as for paying any applicable taxes.

Links
As a service to our visitors, our Site may contain hypertext links leading to other websites that are not operated or controlled by Emelia’s Apothecary. However, even if such third parties are affiliated with Emelia’s Apothecary, Emelia’s Apothecary has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Emelia’s Apothecary. Emelia’s Apothecary is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.

Disclaimer of Warranties.
YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME THE RISK OF AND ALL DAMAGES OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SITE. WITHOUT PREJUDICE TO SECTION 12 HEREINAFTER, ANY AND ALL MATERIAL, INFORMATION AND ALL OTHER CONTENT ON THE SITE ARE FURNISHED TO YOU “AS IS” AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAVE KOENIG ART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR NONINFRINGEMENT. DAVE KOENIG ART DOES NOT GUARANTEE THAT THE SITE OR ITS CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, MEET YOUR REQUIREMENTS OR WILL NOT BE INTERRUPTED, TIMELY, SECURE OR FREE OF ERROR.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE IS TO REFRAIN FROM USING THE SITE.

SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Any advice or information, be it oral or written, obtained from Emelia’s Apothecary or during the use of services made available on the Site, shall not give rise to any guarantees which are not expressly provided for in these Terms of Use.

Limitation of Liability
YOU RECOGNIZE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVE KOENIG ART, ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, LICENSORS, AGENTS OR ANY OTHER THIRD PARTIES MENTIONED ON THE SITE OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY DAVE KOENIG ART), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE, THE SITE OR ITS CONTENT. ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR SITE ARE AT YOUR OWN RISK AND PERIL. DAVE KOENIG ART ASSUMES NO LIABILITY FOR ANY DAMAGE OR VIRUS WHICH COULD AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BY REASON OF YOUR ACCESS TO, USE OR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR FOR ANY ILLEGAL INTRUSION OR INTERVENTION IN THE IT SYSTEMS.

DAVE KOENIG ART RESERVES THE RIGHT TO INTERRUPT OR DISCONTINUE ANY OR ALL OF THE FUNCTIONALITY OF ITS SITE. DAVE KOENIG ART ACCEPTS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INTERRUPTION OR DISCONTINUANCE OF ANY OR ALL FUNCTIONALITY OF THE SITE RESULTING FROM ACTIONS OR OMISSIONS OF DAVE KOENIG ART OR ANY THIRD PARTY.

Indemnification
You agree to defend, indemnify and hold harmless Emelia’s Apothecary and its directors, officers, employees, consultants, representatives, and agents from and against any and all claims, losses, liability, damages, costs and/or expenses (including reasonable attorney fees and costs) arising from and related to: your use of the Site; any material you transmit using the Site; or your violation, breach or alleged violation or breach of these Terms of Use.

Miscellaneous.
Unless otherwise specified, the Site and the Content thereof are displayed solely for the purpose of promoting Emelia’s Apothecary products, services, and company. These Terms of Use shall be construed in accordance with the laws of Nebraska, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of Nebraska. By using the Site, you agree and submit to the personal jurisdiction and venue of such courts. You agree that in the event you have or may have any alleged claim against Emelia’s Apothecary or any of Emelia’s Apothecary vendors, contractors, licensees, or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, attorney’s fees in relation to any claim you have or may have against Emelia’s Apothecary or its vendors or licensors.

These Terms of Use embody the entire agreement concluded between Emelia’s Apothecary and yourself concerning the access and the use of the Site and its content. Any other terms or conditions issued by Emelia’s Apothecary and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.

The fact that Emelia’s Apothecary tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.

In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between yourself and Emelia’s Apothecary.

The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.

Termination
The Terms of Use shall remain effective until terminated as outlined herein. You agree that Emelia’s Apothecary in its sole discretion may terminate use of the Site, and remove and discard any content within the Site, at any time and for any reason. In such event and with respect to any use of the Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts. You agree that any actions taken under this Section may be effective without prior notice to you.

Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Emelia’s Apothecary a written notice by mail, e-mail or fax, requesting that Emelia’s Apothecary remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Emelia’s Apothecary a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://wordpress.copyright.gov/ for details.

Emelia’s Apothecary, Inc. 2019. All rights reserved.