EMPIRENOSH TERMS OF SERVICE

 

1. Introduction

 

Empirenosh, trading as “Empirenosh” (referred to as “Empirenosh,” “we,” or “us”) provides access to the website www.empirenosh.com, along with its computing applications and the data, information, tools, updates, and similar materials delivered or provided by Empirenosh (collectively referred to as the “Services”). The Services also encompass all goods sold through the website (the “Goods”). Your use of the Services and your purchase of Goods are subject to your agreement to and compliance with the conditions set forth in this Terms of Service Agreement (the “Agreement”).

 

2. Acceptance of Terms

 

By accessing or using any parts of the Services, you confirm your acknowledgment and acceptance of these terms. This Agreement incorporates an arbitration agreement, a class action waiver, and liability limitations to the maximum extent allowed by law. If you disagree with these terms, refrain from accessing or using our Services. Your utilization of the Services, acquisition of Goods, or engagement in this Agreement establishes a binding contract with Empirenosh.

 

Furthermore, your interaction with the Services indicates your understanding and consent to the legal framework outlined herein. It is essential to review and comprehend these terms as they govern your relationship with Empirenosh during your engagement with our platform and the purchase of Goods.

 

 

3. License

 

Empirenosh, in facilitating your access to the Services, bestows upon you a limited, revocable, non-assignable, non-transferrable, non-sub-licensable, and non-exclusive right. This right extends specifically to the utilization of the Services for personal, non-commercial purposes, encompassing the perusal of materials designed for public display. Moreover, you are granted permission to reproduce the Services and their contents on your personal computing devices solely for individual use. It is imperative to note that no rights, beyond those explicitly outlined, are conferred through this agreement.

 

Empirenosh, cognizant of the dynamic nature of digital services, reserves the right to diligently monitor the Services to ensure strict compliance with the delineated Terms. This monitoring mechanism is implemented to uphold the integrity of the Services and to guarantee a seamless and secure user experience.

 

The establishment of this contractual relationship underscores the significance of mutual understanding and adherence to the stipulated terms, fostering a transparent and lawful digital environment.

 

4. Eligibility

 

To engage with the Services provided by Empirenosh, it is imperative that you meet the stipulated age requirement, being either 18 years or older. In the event that you are at least 13 years old, you may avail yourself of the Services with explicit parental consent. By initiating the use of the Services, you assert and confirm your compliance with this minimum age prerequisite.

 

In instances where you are acting on behalf of a third party, it is incumbent upon you to affirm that you possess the necessary authorization to represent said third party. By virtue of utilizing the Services on behalf of the aforementioned third party, you further affirm that such engagement signifies their unreserved acceptance of the terms delineated in this agreement. This provision safeguards the interests of all parties involved and establishes a foundation of responsible and authorized usage of the Services.

 

5. Terms of Sale

 

5.1 Sales Territory

 

Empirenosh exclusively conducts the sale and shipment of products within the geographical confines of the United States. International shipping is not a standard practice unless there is explicit mutual agreement for special orders. As a consumer, it is incumbent upon you to bear responsibility for any foreign taxes and duties associated with your shipment. During the checkout process, transparently presented shipping charges aim to ensure a clear understanding of the financial implications related to your purchase. This policy aligns with our commitment to providing a seamless and transparent transaction experience within the United States.

 

5.2 Sales

 

Payment Process:

Upon submission of your order or at the time of shipment, your credit card may be charged. The timing of the charge depends on factors such as the availability of items or other reasons for declining your purchase order.

 

Taxes:

Applicable taxes may be added to your order, determined by your shipment location or the nature of the products you purchase.

Order Status:

In the event that your order is cancelled or declined, we are committed to making reasonable efforts to communicate this to you promptly.

 

Order Acceptance:

We reserve the right to decline or cancel an order at any time. This decision-making authority is exercised judiciously to ensure the integrity of our sales process. We appreciate your understanding of our commitment to maintaining the highest standards in facilitating transactions.

 

5.3 Returns

 

Final Sale Policy:

Given the nature of the food products we offer, all sales are considered final. We adhere to this policy to ensure the safety and quality of our products.

 

Unsatisfactory Shipment:

In the event that your shipment arrives in an unsatisfactory condition, attributable to shipping or quality-related issues, we encourage you to reach out to us promptly. Contact our dedicated team at [email protected]. And we will make every effort to address your concerns and provide appropriate assistance. Your satisfaction with our products is our priority.

 

5.4 Shipment of Products

Title and Risk:

Upon our delivery to the carrier, the title and risk of loss for any purchases are transferred to you. This ensures a smooth and accountable process for the shipment of our products.

 

Partial Orders:

We reserve the right to ship partial orders at no additional cost to you. This flexibility allows us to manage orders efficiently while ensuring you receive your products in a timely manner.

 

Delivery Responsibility:

It is your responsibility to ensure that someone is present at the designated delivery location. This person should be capable of receiving and securing the products. Please note that we do not ship to P.O. Boxes.

 

Authorized Delivery:

Any individual at the delivery address who accepts the delivery is conclusively presumed to be authorized. In the rare event of issues related to unauthorized delivery, the responsibility lies with the carrier.

 

6. Disclaimer of Warranties and Limitations of Liability

 

6.1 Condition of Services and Goods:

Empirenosh provides the Services and Goods “as is” and “as available.” This means that we offer our products and services without any warranty or condition, whether express, implied, or statutory.

 

6.2 Implied Warranties:

We explicitly disclaim any implied warranties, emphasizing that our commitment is to transparency and fairness. We do not make guarantees beyond what is expressly stated.

6.3 Access to Services:

While we strive to provide seamless access to our Services, we do not guarantee uninterrupted or error-free experiences. Users should be aware of the inherent uncertainties associated with online platforms.

 

6.4 Limitation of Liability:

To the maximum extent permitted by law, Empirenosh shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of our Services or the purchase of Goods.

 

7. Rules of Conduct

 

Empirenosh is committed to fostering a positive and lawful online environment. By using our Services, you agree to adhere to the following rules of conduct:

 

7.1 Legal Compliance:

Your use of the Services must fully comply with all applicable state and federal laws, regulations, and ordinances.

 

7.2 Responsibility for Compliance:

You are personally responsible for adhering to all laws, rules, and regulations in your jurisdiction related to the Services and any purchased Goods.

 

7.3 Prohibited Activities:

Modifying the Services in any way that violates these Terms is strictly prohibited.

Interfering with the normal operation of the Services is not allowed.

Transmitting harmful code, including malware or viruses, is strictly forbidden.

Unauthorized probing of system vulnerabilities or engaging in any form of unauthorized access is prohibited.

 

 

8. Intellectual Property Rights

 

Empirenosh recognizes the importance of intellectual property and respects the rights of others. Our graphics, logos, designs, page headers, and other elements are protected by U.S. copyright and trademark law. The use of our trademarks, trade names, or trade dress for any purpose other than explicitly permitted by this Agreement is prohibited.

 

The software facilitating our services and any enhancements, updates, or modifications, along with associated intellectual property rights, remain the exclusive property of Empirenosh and its licensors. This Agreement does not transfer ownership to users but grants limited rights for permissible use.

 

If you believe that any content on our platform infringes on your intellectual property rights, please contact us promptly at [email protected].  We are committed to addressing and resolving such matters in accordance with applicable U.S. laws.

 

9. Data Collection and Use

 

Empirenosh is dedicated to safeguarding your privacy and employs responsible data practices in accordance with applicable laws. By using our Services, you acknowledge and consent to the collection, processing, and utilization of your data by Empirenosh. This information is essential for enhancing your experience, providing personalized content, and ensuring the security of our platform. Our commitment to transparency is evident in our comprehensive approach to data protection.

 

10. Enforcement and Termination

 

Empirenosh maintains the authority to deny Services to any user at its discretion. This prerogative is exercised responsibly to uphold the integrity of our platform and protect the interests of our users. Even in the event of termination, the rights granted by users regarding submitted content persist, reinforcing our dedication to maintaining a secure and reliable online environment.

 

11. Links and Third-Party Content

 

Our Services may include links and content from third parties for informational purposes. It’s important to note that Empirenosh does not endorse or take responsibility for the content of external websites or third-party materials. Users should exercise discretion and understand that accessing such links is at their own risk. We emphasize our commitment to user safety and security while navigating our platform.

 

12. Indemnification

 

By utilizing the Services provided by Empirenosh, you agree to undertake the responsibility of defending, indemnifying, and holding Empirenosh and its affiliates harmless against any claims that may arise from your use of the platform. This includes any alleged violations of the terms and conditions outlined in this Agreement. Your commitment to indemnify Empirenosh reinforces our collective effort to ensure the integrity and lawful use of our Services.

 

13. Arbitration, Governing Law, and Jurisdiction

 

In the event of a claim or dispute, both parties agree to pursue resolution through binding arbitration, with the exception of claims eligible for small claims court. The governing law for this Agreement is the law of the United States. Arbitration proceedings will be conducted by the relevant arbitration authority within the United States.

 

14. General

 

Should any provision of this Agreement be deemed unlawful, void, or unenforceable, it shall be considered severable from the remaining provisions, which will continue to be valid and enforceable. Revisions to this Agreement may necessitate your reaffirmation through the continued use of the Services. Empirenosh retains the right to assign its rights under this Agreement, while your assignment requires explicit consent from Empirenosh. The failure to enforce any provision by Empirenosh does not constitute a waiver of its right to enforce such provision in the future.