Terms of Use
Acceptance of Terms
By accessing, browsing, or otherwise interacting with this digital commerce platform, you acknowledge that you have read, comprehended, and voluntarily agreed to be bound by these Terms of Use in their entirety. This agreement constitutes a legally enforceable contract between you, whether acting in an individual capacity or as an authorized representative of an organizational entity, and the platform operator governing all aspects of your engagement with the website, its subdomains, mobile interfaces, and associated digital properties.
If you do not consent to all the provisions contained within these Terms of Use, your sole and exclusive remedy is to discontinue access to and use of the platform immediately. Continued interaction with the website following any modification to these terms signifies your acceptance of the revised terms. Modifications are published on ember.com. We recommend periodic review of this document to remain informed of any updates, as the version of the terms applicable to your use is the version published at the time of your most recent access.
The platform is intended exclusively for individuals who have attained the age of majority in their jurisdiction of residence and who possess the legal capacity to enter into binding contractual agreements. By establishing an account or conducting a transaction through the platform, you represent and warrant that you satisfy these eligibility criteria. The merchant reserves the right to verify eligibility through reasonable means and to suspend or terminate access for any user determined to be ineligible without incurring liability for such action.
Account Registration and Responsibilities
Creation of a user account may be required to access certain platform features, including order history retrieval, return initiation, and personalized shopping functions. During registration, you commit to furnishing accurate, current, and comprehensive information and to maintaining the accuracy of this information through timely updates when circumstances change. Provision of false, misleading, or incomplete registration data constitutes a material breach of these terms and may result in immediate account suspension or termination without prior notification.
Account credentials, including usernames, passwords, and any supplementary authentication factors, are personal to the registered user and must not be shared, transferred, or otherwise disclosed to third parties. You bear sole responsibility for maintaining the confidentiality of your login credentials and for all activities that occur under your account, whether authorized by you or not. Prompt notification to our support team is required upon discovering any unauthorized account access or suspected credential compromise, enabling us to implement protective measures including temporary account lockdown and credential reset procedures.
The platform reserves the right to suspend, deactivate, or permanently terminate user accounts at its discretion for cause, including violation of these Terms of Use, engagement in fraudulent or abusive conduct, extended account inactivity, or as necessary to comply with legal obligations or law enforcement directives. Users may also voluntarily close their accounts at any time by submitting a closure request through the support contact channels available on ember.com. Account closure does not relieve either party of obligations accrued prior to closure.
Intellectual Property Rights
All content published on or made available through the platform, including textual content, graphical elements, photographic imagery, video presentations, audio materials, software code, page layouts, interface designs, trademarks, service marks, logos, and proprietary data compilations, is protected by intellectual property laws including copyright, trademark, and trade dress protections. This content is owned by or licensed to the platform operator, and no rights or licenses are conveyed to users beyond the limited, revocable, non-exclusive permission to view and interact with the content for personal, non-commercial purposes through standard web browsing activity.
Unauthorized reproduction, distribution, modification, public display, transmission, or creation of derivative works based on platform content is expressly prohibited without prior written authorization from the rights holder. Systematic retrieval of platform content through automated means including scraping, data mining, spiders, bots, or similar data extraction technologies is prohibited regardless of purpose. The compilation of product listings, descriptions, and associated metadata represents a protected database under applicable intellectual property frameworks, and extraction or reuse of substantial portions of this compilation is forbidden.
User-generated content submitted to the platform, such as product reviews, ratings, comments, and uploaded media, remains the intellectual property of the submitting user. However, by submitting such content, you grant the platform operator a perpetual, irrevocable, royalty-free, worldwide, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display the content in any media format and through any distribution channel for purposes related to the operation and promotion of the platform.
Prohibited Activities
Users of the platform are strictly prohibited from engaging in conduct that compromises platform integrity, violates applicable law, or infringes upon the rights of other users or third parties. Prohibited activities include, without limitation, transmitting malicious software or code designed to disrupt platform functionality, attempting unauthorized access to restricted areas of the platform or connected systems, conducting denial-of-service attacks or other activities that impair platform availability, and using the platform to facilitate fraudulent transactions, money laundering, or other financial crimes.
The platform may not be used to harass, threaten, defame, or otherwise cause harm to other users, platform staff, or third parties. Posting or transmitting content that is obscene, hateful, discriminatory, or otherwise objectionable is prohibited. Users may not impersonate other individuals or entities, misrepresent affiliations, or engage in deceptive practices that could mislead others regarding identity, credentials, or intentions. Registration of multiple accounts for the purpose of evading restrictions, manipulating reviews or ratings, or circumventing purchase limits is prohibited.
Commercial exploitation of the platform beyond ordinary consumer purchasing is prohibited without express written authorization. This prohibition encompasses using the platform for competitive intelligence gathering, reselling products without authorization, operating a dropshipping business through consumer accounts, or utilizing platform data to train artificial intelligence models or populate competing databases. Violation of any prohibited activity provision may result in immediate termination of access, forfeiture of any pending orders or account credits, and referral to law enforcement authorities where the conduct constitutes a criminal offense under applicable law.
Dispute Resolution
In the interest of efficient and amicable resolution of disagreements, we encourage users to first communicate any concerns directly through the customer support channels provided on ember.com. Many disputes arise from misunderstandings that can be clarified or from issues that can be remedied through direct engagement between the parties, without the need for formal legal proceedings. Our support team is empowered to resolve the vast majority of customer concerns and is committed to fair and reasonable outcomes that balance the interests of all stakeholders.
For disputes that cannot be resolved through direct communication, the parties agree to submit the matter to binding arbitration conducted before a neutral arbitrator in accordance with the rules of the designated arbitration body. Arbitration proceedings shall be conducted on an individual basis only, and class arbitration, class actions, representative proceedings, and consolidation with other arbitrations are expressly waived. The arbitrator shall have the authority to award the same remedies available in court, including monetary damages and injunctive relief, but must apply the substantive law governing the dispute.
The prevailing party in any arbitration or litigation arising from these Terms of Use shall be entitled to recover reasonable costs and legal fees incurred in connection with the proceeding. The dispute resolution provisions shall survive termination of the user account and continue to apply to any claims arising from or relating to platform usage, regardless of when such claims are brought. Nothing in these dispute resolution provisions shall preclude either party from seeking emergency injunctive relief from a court of competent jurisdiction where immediate action is necessary to prevent irreparable harm pending the outcome of arbitration proceedings.