Terms & Conditions of Use

Last updated: November 25, 2020

emitest and/or its affiliates (“emitest “) provide website features and other products and services to you when you visit or shop at emitest, use emitest products or services, or use software or mobile apps provided by emitest in connection with any of the foregoing (collectively, ” emitest Services”). emitest provides the emitest Services subject to the following conditions.

By using emitest Services, you agree to these conditions. Please read them carefully.

We offer a wide range of emitest Services, and sometimes additional terms may apply. When you use a emitest Service, you also will be subject to the guidelines, terms and agreements applicable to that emitest Service (“Service Terms”). If these Terms & Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Policy, which also governs your use of emitest Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use emitest Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other emitest Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any emitest Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Sister2sister.Online or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any emitest Service is the exclusive property of emitest and protected by U.S. and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any emitest Service are trademarks or trade dress of emitest in the U.S. and other countries. emitest’s trademarks and trade dress may not be used in connection with any product or service that is not emitest’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits emitest. All other trademarks not owned by emitest that appear in any emitest Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by emitest.

LICENSE AND ACCESS

Subject to your compliance with these Terms & Conditions of Use, and your payment of any applicable fees, emitest or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the emitest Services. This license does not include any resale or commercial use of any emitest Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any emitest Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms & Conditions of Use are reserved and retained by emitest or its licensors, suppliers, publishers, rightsholders, or other content providers. No emitest Service, nor any part of any emitest Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of emitest. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of emitest without express written consent. You may not use any meta tags or any other “hidden text” utilizing emitest’s name or trademarks without the express written consent of emitest. You may not misuse the emitest Services. You may use the emitest Services only as permitted by law. The licenses granted by emitest terminate if you do not comply with these Terms & Conditions of Use.

YOUR ACCOUNT

You may need your own emitest account to use certain emitest Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. emitest does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the emitest Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their emitest Household. Alcohol listings on emitest are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. emitest reserves the right to refuse service, terminate accounts, terminate your rights to use emitest Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. emitest reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant emitest a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant emitest and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sister2sister.Online for all claims resulting from content you supply. emitest has the right but not the obligation to monitor and edit or remove any activity or content. Sister2sister.Online takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Sister2sister.Online respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please notify us using the Contact Us website.

RISK OF LOSS

All purchases of physical items from Sister2sister.Online are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Sister2sister.Online does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, emitest does not take title to the refunded item.

PRODUCT DESCRIPTIONS

Sister2sister.Online attempts to be as accurate as possible. However, Sister2sister.Online does not warrant that product descriptions or other content of any Sister2sister.Online Service is accurate, complete, reliable, current, or error-free. If a product offered by emitest itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on emitest and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on emitest.

With respect to items sold by emitest, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Sister2sister.Online is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

SANCTIONS AND EXPORT POLICY

You may not use any emitest Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Sister2sister.Online Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including emitest Software), technology, and services.

OTHER BUSINESSES

Parties other than emitest operate stores, provide services or software, or sell product lines through the emitest Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from emitest. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals (including the content of their Web sites). emitest does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE Sister2sister.Online SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Sister2sister.Online SERVICES ARE PROVIDED BY Sister2sister.Online ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Sister2sister.Online MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Sister2sister.Online SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Sister2sister.Online SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Sister2sister.Online SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, Sister2sister.Online DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Sister2sister.Online DOES NOT WARRANT THAT THE Sister2sister.Online SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Sister2sister.Online SERVICES, Sister2sister.Online’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Sister2sister.Online ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Sister2sister.Online WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Sister2sister.Online SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Sister2sister.Online SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Sister2sister.Online Service, or to any products or services sold or distributed by Sister2sister.Online or through Sister2sister.Online.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms & Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Sister2sister.Online Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Maryland, without regard to principles of conflict of laws, will govern these Terms & Conditions of Use and any dispute of any sort that might arise between you and Sister2sister.Online.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your use of Sister2sister.Online Services. We reserve the right to make changes to our site, policies, and these Terms & Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ADDITIONAL Sister2sister.Online SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Sister2sister.Online Services (the “Sister2sister.Online Software”).

Use of the Sister2sister.Online Software. You may use Sister2sister.Online Software solely for purposes of enabling you to use the Sister2sister.Online Services as provided by Sister2sister.Online, and as permitted by these Terms & Conditions of Use. You may not incorporate any portion of the Sister2sister.Online Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Sister2sister.Online Software in whole or in part. All software used in any Sister2sister.Online Service is the property of Sister2sister.Online or its software suppliers and is protected by United States and international copyright laws.
Use of Third Party Services. When you use the Sister2sister.Online Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Sister2sister.Online Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Sister2sister.Online Software at any time and without notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the emitest Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the emitest Software are the same as the rights we grant to all others under these Terms & Conditions of Use.
Conflicts. In the event of any conflict between these Terms & Conditions of Use and any other emitest or third-party terms applicable to any portion of emitest Software, such as open-source license terms, such other terms will control as to that portion of the emitest Software and to the extent of the conflict.