Terms of Sale

Effective Date: September 10, 2021

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS OF SALE AND EMBER PRODUCTS AND/OR SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 14 OF THE EMBER TERMS OF SERVICEWHICH IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE.

This Terms of Sale (“Agreement”) applies to the purchases you make through the Ember website (www.ember.com) that are provided from the United States and that link to this Agreement (“Services”). This Agreement is a legal agreement between you and Ember Technologies, Inc., and its corporate affiliates, subsidiaries, and divisions as may change from time to time (collectively, “Ember,” “we,” “us,” and “our”). This Agreement applies to the purchases of products and/or services (“Products”) on or through the Services. Based on your territory and/or the delivery territory of the Products, a different version of these Terms of Sale may apply. If this is the case, such different version will be presented to you on the Services at the point of purchase.

PLEASE READ THIS AGREEMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. BY PURCHASING A PRODUCT ON THE SERVICES, YOU ARE ALSO BOUND BY THE EMBER PRIVACY POLICY AND TERMS OF SERVICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCTS.

    1. Price and availability

      Some of the Products featured on the Services are displayed for promotional purposes only and may not be available for purchase through the Services. All Products offered for purchase on the Services are subject to availability. The prices stated for such Products are subject to change without notice. Any Ember publication may include technical inaccuracies or typographical errors. Ember shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. These changes will be incorporated in new editions of these publications. Ember may make improvements and/or changes in the products and/or the programs described in these publications at any time without notice.

    2. Promotional offers

      All promotional offers made on the Services are limited to purchases made from Ember, and are subject to the conditions of the offer. Purchases must be made during the specified promotional period to qualify and in accordance with any other terms offered in connection with such promotions.

    3. Order acceptance

      We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by Ember, payment must be received by Ember prior to acceptance of an order. Notwithstanding the foregoing, Ember may in its discretion choose not to charge your credit card until your order has been shipped. Ember may process payment for and ship parts of an order separately. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order.

    4. Resale

      Purchases made on the Services are intended for end users only. Products sold through the Services are not authorized for resale or export. Your submission of your order shall constitute your full acceptance of these restrictions on resale. Your purchase may not be sold, leased or transferred to restricted countries, restricted end users, or for restricted end uses according to applicable U.S. export and sanctions laws.

    5. Payment methods

      For your convenience, we offer a wide array of payment methods to complete your purchase on the Services, such as credit/debit cards, PayPal, Affirm, and Amazon Pay.

      Please note that your payment information is not collected or stored by Ember.  This information is collected and processed by our selected third-party payment processors, including Shopify.

    6. Order Confirmations and Cancellations
      1. What order confirmation will I receive?

        Once you place your order at the end of the checkout process, we will confirm your transaction with an order number. We recommend that you print and save a copy of this page for your records. We will also send you an order confirmation by email.

      2. Can I change or cancel my order before it has shipped?

        Please contact us at support@ember.com and we will try to accommodate your request.

        If your order has already shipped, you may refuse delivery and the order will be returned to Ember. When we receive it, we will credit the payment method used to make the purchase.

        After you have received your order, you have the right to cancel the purchase and return or exchange any Ember product as described below.

      3. Shipping and delivery

        Please see our shipping terms located here:  https://ember.com/pages/shipping.

      4. Order tracking

        You will receive an email once your order has shipped. Please wait 24 hours after receiving your shipping confirmation email to track your shipment.

      5. Returns and warranty

        Please see the following link for information about returns and warranty:  https://ember.com/pages/return-policy.

      6. Sales Tax

        Your purchase on or through the Services includes sales tax as required by law. The tax rate is based on the delivery address of your purchase. The actual tax amount will appear on the Payment page during the checkout process.

    7. A note about security

      We use a variety of measures to protect the online security of your personal information, however, no method of transmission over the Internet, and no means of electronic or physical storage is absolutely secure. Thus, we cannot guarantee or warrant the security of your information.

    8. Product questions and comments

      We welcome and value feedback on our existing products, and we make every effort to address questions or concerns that are raised by our customers. If you wish to comment on an Ember product or if you have a question about or concern with any of our products, please follow the instructions provided in the "Contact us" section below. Notwithstanding the foregoing, our use of your information shall be governed by the Ember Privacy Policy.

      Any feedback you provide about Ember products, whether on this Services or otherwise, shall be deemed non-confidential and governed by our policy on submissions, and Ember shall be free to reproduce, use, disclose and distribute the feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such feedback, in accordance with the Ember Terms of Service.

    9. Limitation of liability

      IN NO EVENT SHALL EMBER OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR THE SERVICES, WHETHER OR NOT EMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.

      EMBER DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSERVICES FEATURED OR LINKED TO THROUGH THE SERVICES, AND EMBER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. EMBER WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

      If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes the criminal acts of others.

      Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.

    10. Contact Us

      For more information, please contact us at legal@ember.com.