Agreement to These Terms

These Terms and Conditions (the "Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Emporium Plus Inc., a corporation organized under the laws of the State of Illinois, United States, operating under the brand name "Emporium" ("Company," "we," "us," or "our"), concerning your access to and use of the https://emporiumplusinc.com website, including any related online store, content, and functionality (collectively, the "Services" or the "Site").

By accessing or using the Services, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

Your use of the Services is also governed by our Privacy Policy, our Cookie Policy, and our Return & Refund Policy, each of which is incorporated into these Terms by reference. Please review those documents carefully.

Eligibility

The Services are intended for users who are at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into a binding contract. The Services are not directed to, and may not be used by, children under the age of 18. If you are accessing the Services on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.

Accounts and Registration

To purchase products through the Services, you must register for an account. When you create an account, you agree to:

Provide accurate, current, and complete information.
Maintain and promptly update your account information.
Keep your password and login credentials confidential.
Accept responsibility for all activity that occurs under your account.
Notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account, refuse service, or cancel orders, in our sole discretion, including if we suspect that any information you provide is inaccurate, incomplete, fraudulent, or in violation of these Terms.

Products, Pricing, and Order Acceptance

We make reasonable efforts to display the products offered through the Services as accurately as possible, including descriptions, images, and specifications. However, we do not warrant that product descriptions, pricing, availability, or other content of the Services is accurate, complete, reliable, current, or error-free. Product images are for illustrative purposes and actual products may vary.

Pricing. All prices are set by the Company and are authoritative. Prices are stated in U.S. Dollars (USD) and are subject to change at any time without notice. Despite our best efforts, products may occasionally be mispriced. If a product's correct price is higher than the price stated on the Site, we may, at our discretion, contact you for instructions before shipping or cancel the order and notify you.

Minimum order. Orders are subject to a minimum order amount of USD $75.00. Orders below this minimum may not be accepted or processed.

Order acceptance. Your submission of an order constitutes an offer to purchase. All orders are subject to acceptance by us, and we do not accept an order until payment has been authorized and the order has been confirmed. We reserve the right, at our sole discretion, to limit quantities, refuse, or cancel any order at any time, including after an order confirmation has been sent, for reasons including but not limited to product availability, errors in pricing or product information, or suspected fraud. If we cancel an order after payment has been processed, we will issue a refund in accordance with our Return & Refund Policy.

Payments

We accept the following payment methods:

Credit or debit card, processed securely through Stripe's hosted checkout. The Site does not collect or store your full card number; card data is handled directly by Stripe.
Zelle.
Check.

For Zelle and check payments, you may be required to upload an image of your payment proof. Your order may not be processed or shipped until payment has been received and confirmed.

You represent and warrant that you have the legal right to use any payment method you provide and that the payment information you supply is true, correct, and complete. You agree to pay all charges at the prices then in effect for your purchases, together with any applicable taxes and shipping or handling fees. We reserve the right to correct any pricing errors even after payment has been requested or received.

Returns and Refunds

Returns and refunds are governed by our separate Return & Refund Policy, which is incorporated into these Terms by reference. Please review that policy for the applicable conditions, timeframes, and procedures.

Intellectual Property Rights

Unless otherwise indicated, the Services and all content and materials therein — including but not limited to text, graphics, logos, images, product descriptions, page layouts, designs, software, and the compilation thereof (collectively, the "Content") — are owned by or licensed to the Company and are protected by United States and international copyright, trademark, and other intellectual property laws.

The "Emporium" name, the Company's logos, and all related names, marks, and slogans are trademarks of Emporium Plus Inc. You may not use, copy, reproduce, republish, distribute, or create derivative works from any Content or trademarks without our prior written permission.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal use or your internal business use in connection with purchasing products. This license does not include any right to resell or commercially exploit the Services or their Content.

User Representations

By using the Services, you represent and warrant that:

All registration and account information you submit is true, accurate, current, and complete, and you will maintain its accuracy.
You are at least 18 years of age and have the legal capacity to agree to these Terms.
You will not access the Services through automated or non-human means, except as expressly permitted.
You will not use the Services for any illegal or unauthorized purpose.
Your use of the Services will not violate any applicable law or regulation.

Prohibited Activities

You may access and use the Services only for their intended purposes. The Services may not be used in connection with any commercial endeavors except those expressly endorsed or approved by us. As a user of the Services, you agree not to:

Use the Services to advertise or offer to sell goods or services.
Sell, rent, lease, or otherwise transfer your profile or account to another person or entity.
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content.
Trick, defraud, or mislead us or other users, including by attempting to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Use any information obtained from the Services to harass, abuse, or harm another person.
Use the Services as part of any effort to compete with us or otherwise use the Services or Content for any revenue-generating endeavor or commercial enterprise not expressly authorized.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Attempt to bypass any measures of the Services designed to prevent or restrict access.
Harass, annoy, intimidate, or threaten any of our employees or agents.
Delete the copyright or other proprietary rights notice from any Content.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use and enjoyment of the Services or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Use the Services in a manner inconsistent with any applicable laws or regulations.

Third-Party Websites and Content

The Services may contain links to third-party websites or services that are not owned or controlled by the Company, as well as content provided by third parties. We do not control, endorse, or assume responsibility for any third-party websites, services, or content. Accessing any third-party website or service is at your own risk, and you should review the applicable terms and policies of any third party. We are not liable for any loss or damage arising from your use of any third-party website, service, or content.

Disclaimer; "As Is" — No Warranties

THE SERVICES AND ALL PRODUCTS AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any linked third-party sites, and we assume no liability for any errors, mistakes, or inaccuracies of content. We do not warrant that the Services will be uninterrupted, secure, or free of errors, viruses, or other harmful components, or that any defects will be corrected.

Nothing in this section is intended to exclude or limit any warranty, right, or remedy that may not lawfully be excluded or limited under applicable law, including any non-waivable statutory rights you may have as a consumer.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO THE COMPANY FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law, and certain of the above limitations or exclusions may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its directors, officers, employees, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party arising out of or relating to: (a) your use of the Services; (b) your breach of these Terms; (c) any breach of your representations and warranties set forth in these Terms; (d) your violation of the rights of a third party, including intellectual property rights; or (e) any harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, 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, and you agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Term and Termination

These Terms remain in full force and effect while you use the Services. Without limiting any other provision of these Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.

We may terminate your account or your use of the Services, or remove any content you submitted, at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of any third party.

Governing Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict-of-law principles.

Dispute Resolution

Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy, or claim related to these Terms or the Services (each, a "Dispute"), you and the Company agree to first attempt to resolve any Dispute informally for at least thirty (30) days before initiating arbitration. Informal negotiations begin upon written notice from one party to the other.

Binding Arbitration. If you and the Company are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. The arbitration shall take place in the State of Illinois, United States. You and the Company agree that the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Arbitration Fees. The Company agrees to pay any arbitration fees and costs that an arbitrator or a court determines to be excessive.

Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Court Proceedings. If, for any reason, a Dispute proceeds in court rather than arbitration, you and the Company agree that the Dispute shall be commenced or prosecuted in the state and federal courts located in the State of Illinois, and you and the Company consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such courts.

Time Limitation to Bring a Claim

Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such claim or cause of action is permanently barred.

Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information, or to cancel orders, at any time without prior notice.

Miscellaneous

These Terms, together with any policies or operating rules posted by us on the Services, constitute the entire agreement and understanding between you and the Company. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of the remaining provisions.

These Terms, and your rights and obligations herein, may not be assigned or transferred by you without our prior written consent, but may be assigned by us without restriction. There is no joint venture, partnership, employment, or agency relationship created between you and the Company as a result of these Terms or your use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them.

We reserve the right to change, modify, or revise these Terms at any time. The revised Terms will be effective as of the "Last updated" date shown above, and your continued use of the Services after such changes constitutes your acceptance of the revised Terms.

Contact Us

To resolve a complaint regarding the Services or to receive further information regarding their use, please contact us at:

Emporium Plus Inc. Email: empoinc.25@gmail.com Mailing address: 5366 N Northwest Hwy, Chicago, IL 60630