Updated: November, 2024
Introduction
The following terms (“Terms of Use”) constitute an agreement between Emily Kyle Enterprises, INC (“EKN”), and you that governs your use of these websites and all of its associated services, content, and functionality. The terms “we”, “us”, and “our” refer to Emily Kyle Enterprises, INC. This policy applies to the websites administered by EKN (“Websites”), located at:
- emilykylenutrition.com
- community.emilykylenutrition.com
- shop.emilykylenutrition.com
The use of our Websites are subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with our Privacy Policy and any terms, conditions, or disclaimers provided in the pages of our Websites. Please review the Terms carefully. The Terms apply to all users of our Websites, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use these Websites, you accept and agree to be bound by and comply with the Terms and our Privacy Policy.
Your use of the Websites constitutes your acceptance of, and agreement to, the following Terms of Use. EKN reserves the right to modify, alter, amend, or update its Websites, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Websites.
Privacy Policy
WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?
Cookies: The Websites may log information using cookies, which are small data files stored on your browser by the Websites. The Websites may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Websites.
Information You Voluntarily Submit to the Websites: The Websites may collect personal information from you, such as your name or email address. For example, you may voluntarily submit information to the Websites by leaving a comment, subscribing to a newsletter, or submitting a contact form.
Information We Collect from Others: The Websites may receive information about you from other sources. For example, if you use third-party software through the site, they may transfer information to us for fulfillment.
Automatically-Collected Information: The Websites automatically collect certain information about you and the device with which you access the Websites. For example, when you use the Websites, The Websites will log your IP address, operating system type, browser type, referring websites, pages you viewed, and the dates/times when you accessed the Websites. The Websites may also collect information about actions you take when using the Websites, such as links clicked.
HOW YOUR INFORMATION MAY BE USED
The Websites may use the information collected in the following ways:
- To operate and maintain the Websites;
- To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt out of future mailings;
- To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
- To respond to your comments or inquiries,
- To provide you with user support;
- To track and measure advertising on the Websites; or,
- To protect, investigate, and deter against unauthorized or illegal activity.
Use of The Websites
By using the Websites, you represent and warrant that you will only use our Websites for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You also represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.You agree not to attempt to interfere with our Website’s network or security features or to gain unauthorized access to our systems. If you provide us with any personal information, you authorize us to collect, use and disclose such information in accordance with our Privacy Policy.
Note Medical Advice
Information provided on the Websites, including without limitation information regarding product attributes is provided as general information. Information provided on the Websites is not intended to be medical advice, nor is it intended to replace the need to consult a healthcare provider. Rather, we provide this information for discussion between consumers and their healthcare providers who will ultimately make any decisions regarding treatment.
General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Websites, including terminating, changing, suspending or discontinuing any aspect of the Websites and or the products and services provided through the Websites at any time, without notice. We may impose additional rules or limits on the use of our Websites. You agree to review these Terms regularly for any changes and your continued access or use of our Websites will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Websites or for any service, content, feature or product offered through our Websites. We may assign these Terms to anyone for any reason. You may not assign these Terms without our prior written consent.
Products or Services
All purchases through our Websites are subject to product availability. In our sole discretion, we may limit or cancel the quantities offered on our Websites or limit the sales of our products or services to any person, household, geographic region, or jurisdiction.
Prices for our products are subject to change without notice. Unless otherwise indicated, prices displayed on our Websites are quoted in U.S. dollars and do not include the cost of shipping. We reserve the right, in our sole discretion, to refuse orders. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities in addition to pursuing any other rights or remedies we have at law.
RETURN AND EXCHANGE POLICY
We are dedicated to your health and satisfaction. Our products are tested for quality, and all shipments are carefully inspected before shipping. Please check your shipment upon arrival to ensure that it has not been damaged during shipping.
All claims for damaged products must be made within 72 hours of receipt.
Please get in touch with us at support@emilykylenutrition.com during that time, and we will resolve the issue. We do not offer a money-back guarantee, as cannabis affects each individual differently. We do not offer refunds.
SHIPPING POLICY
We ship packages with the United States Postal Services (USPS). All shipments are legal based on their hemp-based product requirements. Your package will arrive in an unmarked box or envelope for discrete arrival.
The timing of your order depends upon several factors. Standard shipping typically takes 5 to 7 business days, depending on your location. Please note that your shipping estimate begins after your order has been processed. We will email you a tracking number once your order has been fulfilled.
If you are curious about the status of your order in its fulfillment or shipping process, please know that we send communications to the email used with the order.
Confirmation emails may sometimes go into a customer’s spam or promotions folder, depending on the settings within your email platform. Shipping costs are non-refundable.
Delivery Confirmation and Responsibility:
Please note that once a package has been confirmed as delivered by the United States Postal Service (USPS), our responsibility for the shipment is considered fulfilled. If a package is marked as delivered but cannot be located, we regret to inform you that we cannot issue a refund or provide a replacement.
This company is not responsible for any order that is stolen outside the customer’s address, lost in transit, or not delivered or seized. We are not responsible for packages stolen from your mailbox or doorstep.
If you live in a highly congested neighborhood, we recommend following your tracking to anticipate the delivery of your order. With this, we do provide package protection insurance. This enables us to work with your local carriers and ensure we can investigate if a package is delayed or if something should occur during shipping.
In such cases, we strongly encourage customers to contact their local USPS office to inquire about the delivery status and, if necessary, file a claim for the missing package. Additionally, customers may choose to report the situation to their local law enforcement agency in case of suspected theft or tampering.
By placing an order with us, you acknowledge and agree to these terms regarding delivery confirmation and responsibility.
Should a customer have an issue with delivery, all problems must be reported in writing within 7 days of the delivery date. Delivery dates may be found and recorded through tracking numbers associated with the order.
If your package is lost or delayed, we recommend contacting the USPS. If you have any queries, you can contact USPS at 800-ASK-USPS.
LINKS TO THIRD-PARTY WEBSITES
Links from or to websites outside our Websites are provided for convenience only. We do not review, endorse, approve, or control, and are not responsible for any sites linked from or to our Websites, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk, and we will not be responsible or liable for any damages in connection with linking. We shall not be a party to any transaction between you and any third party, including any third-party advertising on our Websites, and we shall not be liable for any losses or damages arising from such interaction with any third party. Without limiting the foregoing, any link to a third-party press release, media coverage, stock exchange website, or analyst coverage should not be taken as an endorsement by us of the views, analysis, or projections contained in such materials.
YOUR PERSONAL INFORMATION
Please see our Privacy Policy to learn about how we collect, use, and share your personal information.
ERRORS AND OMISSIONS
Please note that our Websites may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after an order has been submitted). Such errors, inaccuracies, or omissions may relate to product description, pricing, promotion, and availability. We reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information to the extent permitted by applicable law.
We do not undertake to update, modify, or clarify information on our Website except as required by law.
DISCLAIMER AND LIMITATION OF LIABILITY
You assume all responsibility, liability, and risk with respect to your use of our Websites and any information and materials contained on the Websites, which is provided “as is” without warranties, representations, or conditions of any kind, either express or implied, statutory, by the usage of trade, course, or dealing or otherwise with regard to information accessed from or via our Websites, including without limitation, all content and materials, and functions and services provided on our Websites, all of which are provided without warranty or condition of any kind, including but not limited to warranties or conditions concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties or conditions of title, non-infringement, merchantability, merchantable quality or fitness for a particular purpose. We do not warrant that our Websites or their functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted, or error-free, that defects will be corrected, or that our Websites or the servers that make our Websites available are free of viruses or other harmful components.
The use of our Websites is at your sole risk, and you assume full responsibility for any costs or losses associated with your use of our Websites. We will not be liable for any damages of any kind related to the use of our Websites.
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers, or employees be liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or any other theory of law, arising from your use of, or the inability to use, or the performance or functionality of our Websites, our products or any content or material or available on or through our Websites, the cost of procurement of substitute goods, data, information or services, loss of data, errors, mistakes or inaccuracies in the materials on the Websites, or any personal injury or property damage. These limitations shall apply even if we are advised of the possibility of such damages.
Certain jurisdictions do not allow the limitation of liability or the exclusion or limitation of certain damages. Some or all of the above disclaimers, exclusions, or limitations may not apply to you in such jurisdictions. Our liability will be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to defend and indemnify us and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, demands, threats, actions, proceedings, expenses (including reasonable attorney fees and court costs) in any way arising from, related to or in connection with your use of our Websites including in connection with any products offered through our Websites, your violation of the Terms or any applicable law or regulation, or the posting or transmission of any materials on or through the Websites by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third-party proprietary rights.
ENTIRE AGREEMENT
These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding, or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking, or promise given by the other or implied from anything said or written between you and us before such Terms, except as expressly stated in the Terms.
WAIVER
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
HEADINGS
Any headings and titles herein are for convenience only.
SEVERABILITY
If any of the provisions of these Terms are determined by any competent authority to be invalid, unlawful, or unenforceable, such provision will, to that extent, be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
GOVERNING LAW
Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our Website, or our products or services offered on our Website will be resolved in accordance with the laws of the State of Florida without regard to its conflict of law rules. Any disputes, actions, or proceedings relating to the Terms or your access to or use of our Websites must be brought before the courts of the State of Florida, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.