Terms and Conditions

These Terms and Conditions constitute a legally binding agreement between you and Emberlane. By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree to these terms, please do not use our website or services.

Last updated: January 28, 2026

1. Agreement to Terms

By using this website, you represent that:

  • You have the legal capacity to enter into a binding contract
  • You are at least 18 years of age
  • You will comply with these Terms and all applicable laws
  • All information you provide is accurate and current

2. User Obligations and Conduct

As a user of our website and services, you agree to:

  • Comply with all applicable federal, state, and local laws and regulations
  • Use the website and services only for legitimate business purposes
  • Provide truthful and accurate information in all communications
  • Respect the intellectual property rights of Emberlane and third parties
  • Maintain the confidentiality of any sensitive information shared during service engagements
  • Notify us promptly of any unauthorized use of your account or security concerns

Prohibited Activities:

  • Engaging in any fraudulent, deceptive, or misleading activities
  • Harassing, threatening, or intimidating others
  • Transmitting spam, chain letters, or unsolicited communications
  • Attempting to interfere with the security or operation of the website
  • Impersonating any person or entity
  • Collecting or harvesting information about other users without permission

3. Professional Services Agreement

If you engage Emberlane for professional marketing services:

  • A separate written service agreement will outline the specific scope, deliverables, timeline, and fees
  • You agree to provide necessary information, materials, and feedback in a timely manner
  • You acknowledge that results may vary based on market conditions and other factors beyond our control
  • Payment terms will be specified in your service agreement and must be honored
  • Either party may terminate the engagement as outlined in the service agreement

4. Limitation of Liability

To the fullest extent permitted by law:

  • Emberlane shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our website or services
  • This includes, but is not limited to, loss of profits, revenue, data, or business opportunities
  • Our total liability for any claims arising from these Terms or your use of our services shall not exceed the amount you paid to us in the six months preceding the claim
  • For users who have not paid any fees, our liability is limited to $100

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

5. Disclaimers and Warranties

The website and services are provided on an "as is" and "as available" basis:

  • We make no warranties, express or implied, regarding the website's operation, availability, or accuracy
  • We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement
  • We do not guarantee that the website will be uninterrupted, secure, or error-free
  • We do not warrant that any defects will be corrected or that the website is free of viruses or harmful components

Regarding our professional services:

  • We will provide services with reasonable skill and care, but cannot guarantee specific outcomes
  • Marketing results depend on numerous factors beyond our control
  • Past performance is not indicative of future results

6. Indemnification

You agree to indemnify, defend, and hold harmless Emberlane, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from:

  • Your violation of these Terms and Conditions
  • Your violation of any law or the rights of a third party
  • Your use or misuse of the website or services
  • Any content you provide or actions you take through our services

7. Third-Party Interactions

Our website may contain links to third-party websites or services:

  • We are not responsible for the content, privacy practices, or terms of third-party websites
  • Links do not constitute endorsement of those websites or their content
  • Your interactions with third parties are solely between you and that third party
  • We recommend reviewing the terms and privacy policies of any third-party websites you visit

8. Dispute Resolution and Governing Law

These Terms and Conditions are governed by the laws of the United States, without regard to conflict of law principles.

In the event of a dispute:

  • We encourage you to contact us first to resolve the matter informally
  • If informal resolution is unsuccessful, the dispute will be resolved through binding arbitration or in the courts of the United States
  • You waive any right to a jury trial
  • You agree not to bring claims as part of a class action

9. Force Majeure

Emberlane shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, government actions, internet service failures, or other force majeure events. In such cases, our obligations will be suspended for the duration of the event.

10. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

11. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Emberlane regarding your use of our website and services. They supersede all prior agreements, understandings, and communications, whether written or oral.

12. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to this page with an updated "Last updated" date. Your continued use of the website after changes are posted constitutes your acceptance of the modified terms. We recommend reviewing this page periodically.

13. Contact Information

If you have questions about these Terms and Conditions or need clarification on any provisions, please contact us through our contact page. We're committed to addressing your concerns.

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