Effective date: 10/01/2025
Last updated: 10/01/2025
1. Overview
This website (the “Site”) is operated by EMBERFALL (“EMBERFALL,” “we,” “us,” “our”). By accessing or using the Site, purchasing products, or using any services, you (“you,” “your,” or “User”) agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Site.
We may update these Terms at any time by posting a revised version on this page. Your continued use after changes means you accept the updated Terms.
2. Eligibility & Account
You must be at least the age of majority in your jurisdiction to use the Site. If you create an account, you are responsible for maintaining the confidentiality of your login and for all activities under your account. You must provide accurate, current information and promptly update it as needed.
3. Orders & Acceptance
All orders are offers to purchase subject to our acceptance. We may refuse or cancel any order (e.g., suspected fraud, pricing/stock errors). If we cancel after payment, we will refund the amount paid for undelivered items to your original payment method.
4. Pricing, Taxes & Promotions
Prices are shown in U.S. dollars unless stated otherwise and may change without notice. You are responsible for applicable taxes, duties, and fees. Coupons and promotions are subject to additional terms and may be modified or discontinued at any time.
5. Product Information & Availability
We attempt to display product colors, features, and availability accurately, but do not guarantee that your device’s display is accurate or that all items are in stock. We reserve the right to limit quantities.
6. Shipping, Risk of Loss & Title
Shipping options, costs, and timelines are shown at checkout. Risk of loss and title for products pass to you upon our delivery to the carrier. Delivery dates are estimates and not guaranteed.
7. Returns, Exchanges & Refunds
Our return and refund terms are described in our Return & Refund Policy, which is incorporated by reference. Please review that policy before purchasing.
8. Payment & Security
We use third-party payment processors; your use of those services may be subject to their terms and privacy notices. You represent that you are authorized to use the payment method you provide and authorize us (and our processors) to charge it for your order and any applicable taxes and fees.
9. Optional Tools & Third-Party Links
We may provide access to third-party tools or link to third-party sites. These are provided “as is/as available” without warranties. We are not responsible for third-party content, policies, or practices. Your use is at your own risk and subject to those third parties’ terms.
10. User Content; Reviews
If you submit comments, reviews, photos, or other content (“User Content”), you grant EMBERFALL a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, translate, distribute, and display such content in any media for marketing and operational purposes. You represent that you own or have rights to your User Content and that it is accurate and lawful, and you will not upload malware or harmful code. We may remove or edit User Content at our discretion.
DMCA Notice: If you believe content infringes your copyright, please email contact@emberfall.vn with: your contact info, identification of the work and the infringing material/URL, a statement of good-faith belief, and a statement under penalty of perjury that your notice is accurate, signed electronically or physically by you.
11. Acceptable Use
You agree not to: (a) violate laws; (b) infringe intellectual property or privacy rights; (c) harass, defame, or harm others; (d) upload viruses or malicious code; (e) attempt to gain unauthorized access to the Site or related systems; (f) scrape or harvest data without consent; (g) use the Site for fraudulent, deceptive, or misleading purposes.
12. Privacy & Data Handling
Your submission of personal information through the Site is governed by our Privacy Policy available at https://emberfall.wichica.com/privacy-policy.
13. Marketplace & External Platforms
Where products are sold on marketplaces (e.g., Amazon), orders are additionally subject to that marketplace’s terms and policies. In case of conflict, the marketplace’s terms may control for those transactions.
14. Intellectual Property
All content on the Site (text, graphics, logos, product names, images, software, and “look and feel”) is owned by EMBERFALL or its licensors and is protected by intellectual property laws. You may not use our trademarks or content without our prior written consent.
15. Disclaimers
THE SITE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION, OR THAT DEFECTS WILL BE CORRECTED.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JERSORA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, OR DATA; OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM OR USD $100, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.
17. Indemnification
You agree to defend, indemnify, and hold harmless EMBERFALL and its affiliates, officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms, your User Content, or your misuse of the Site.
18. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, labor disputes, pandemics, supply chain issues, war, terrorism, governmental actions, utility or internet outages, or natural disasters.
19. Export & Sanctions Compliance
You represent that you are not located in, under the control of, or a national/resident of any country or party subject to U.S. embargoes or sanctions. You agree to comply with all applicable export control and sanctions laws.
20. Anti-Corruption
You will comply with applicable anti-corruption and anti-bribery laws (including the U.S. FCPA and UK Bribery Act) in connection with your use of the Site and any purchase.
21. Dispute Resolution; Arbitration; Class-Action Waiver (Optional but recommended)
Please read this section carefully.
(a) Informal Resolution. Before filing a claim, you agree to first email contact@emberfall.vn and attempt to resolve the dispute informally within 30 days.
(b) Arbitration. Except for small-claims or injunctive relief, any dispute arising from or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
(c) Venue & Law. The seat of arbitration is Denver, Colorado, and proceedings may be conducted by video conference at the arbitrator’s discretion.
(d) Class-Action Waiver. Disputes must be brought in an individual capacity, not as a plaintiff or class member in any class or representative proceeding.
(e) Jury Trial Waiver. If arbitration is not enforced, you and we waive any right to a jury trial to the extent permitted by law.
(If you prefer not to use arbitration, replace Section 21 with a standard “courts of [County, State] have exclusive jurisdiction” clause.)
22. Governing Law & Venue
These Terms and any related disputes are governed by the laws of the State of Colorado, USA, without regard to conflicts-of-law rules. Subject to Section 21, the exclusive venue for any action shall be the state or federal courts located in Colorado, and you consent to personal jurisdiction there.
23. Termination
We may suspend or terminate your access at any time for any violation of these Terms or suspected fraudulent or unlawful activity. Sections that by their nature should survive (e.g., IP, disclaimers, limitations of liability, indemnity, governing law, dispute resolution) will survive termination.
24. Severability & Waiver
If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain in full force. Failure to enforce any term is not a waiver of that term.
25. Entire Agreement
These Terms, together with our Privacy Policy, Return & Refund Policy, and any policies referenced herein, constitute the entire agreement between you and EMBERFALL and supersede prior or contemporaneous understandings.
26. Notices
We may send notices to the email or address you provide. You may send legal notices to:
EMBERFALL
Address: 2000 E RIO Salado Pkwy, Tempe, Arizona 85288, United States.
Email: contact@emberfall.vn
27. Contact
Questions about these Terms? Contact us at contact@emberfall.vn or visit https://emberfall.wichica.com/contact-us.