Terms of service

This website is operated by Emily McCarthy. Throughout the site, the terms “we”, “us” and “our” refer to Emily McCarthy. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store shall also be subject to the Terms of Service. The most current version of the Terms may be reviewed at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our website. Your continued use of or access to the website following any posted changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given consent for any minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including copyright laws) in connection with the Service.

You must not transmit any worms, viruses, or code of a destructive nature. A breach or violation of any Terms will result in immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and formatting changes to meet technical requirements. Credit card information is always encrypted during transfer over secure networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission.

Section headings are for convenience only and do not limit or affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is inaccurate, incomplete, or outdated. The material on this site is provided for general information only and should not be relied upon as the sole basis for decision-making.

Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify site contents at any time but are not obligated to update any information.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online. These may have limited quantities and are subject to return or exchange only according to our Return Policy.

We make every effort to display product images and colors accurately; however, we cannot guarantee that your device’s display will be precise.

We reserve the right to limit sales to any person, region, or jurisdiction; to limit quantities; and to discontinue products at any time.

We do not warrant that product descriptions or other content will meet your expectations or that Service errors will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, household, or order, including orders using the same customer account, credit card, billing address, or shipping address.

If we make a change to or cancel an order, we may attempt to notify you using the contact information provided at checkout.

You agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account details, including email and payment information, so we can complete your transactions.

Please review our Returns Policy for more detail.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools that we do not monitor or control. You acknowledge that access is provided “as is” without warranties of any kind. Any use of optional tools is at your own risk.

Future new features or services offered through the website will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for the accuracy, content, or legality of third-party materials or websites.

Any issues regarding third-party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send submissions at our request (e.g., contest entries) or voluntarily (e.g., creative ideas, suggestions, or materials), you agree that we may use them without restriction. We are under no obligation to maintain comments in confidence, to compensate you, or to respond.

We may monitor, edit, or remove content that violates these Terms or is objectionable.

You agree that your comments do not violate any rights of third parties and will not contain unlawful or harmful material. You may not impersonate others. You are solely responsible for your comments and their accuracy.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally information on our site may contain errors or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct or update information and cancel orders without prior notice.

We undertake no obligation to update information unless required by law.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions, you are prohibited from using the site or its content:
(a) for unlawful purposes;
(b) to solicit unlawful acts;
(c) to violate laws;
(d) to infringe intellectual property rights;
(e) to harass, abuse, insult, harm, defame, or discriminate;
(f) to submit false information;
(g) to transmit malicious code;
(h) to collect personal information of others;
(i) to spam or scrape;
(j) for obscene purposes; or
(k) to interfere with security features.

We may terminate your use of the Service for violating any prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. The Service and all products are provided “as is” and “as available” without warranties of any kind.

In no case shall Emily McCarthy, our directors, employees, agents, partners, or service providers be liable for any indirect, incidental, punitive, or consequential damages, including lost profits or data, arising from your use of the Service or products purchased.

Some jurisdictions do not allow limitations of liability; in such jurisdictions, liability is limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify and hold harmless Emily McCarthy and our affiliates, partners, officers, directors, agents, contractors, and employees from any claim arising from your breach of these Terms or violation of any law or third-party rights.

SECTION 15 – SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions shall remain in effect.

SECTION 16 – TERMINATION

These Terms remain effective unless terminated by either you or us. You may terminate by discontinuing use of the site. We may terminate at any time without notice if you breach the Terms.

SECTION 17 – ENTIRE AGREEMENT

These Terms, along with any policies posted on this site, constitute the entire agreement governing your use of the Service.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Georgia, United States.

Our business contact address is:
2227 East Victory Drive, Savannah, Georgia 31404

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. Your continued use of the website following any changes constitutes acceptance of those changes.