TERMS AND CONDITIONS OF USE OF EMILY L. DEPASSE, LLC.
Last Updated February 13, 2019

THESE TERMS, CONDITIONS, AND DISCLAIMERS (the “Agreement”) govern the use of any Content (as defined herein) made available from or through EMILYDEPASSE.COM (the “Services”), operated and made available by Emily L. Depasse, LLC. (“Company”), to users and purchasers (“you” or “your”). Company is owned and operated by Emily L. Depasse.

BY ACCESSING OR USING THE SERVICES YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES. EACH TIME YOU ACCESS OR USE THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS, CONDITIONS, AND DISCLAIMERS ALONG WITH THE ACCOMPANYING PRIVACY POLICY CONTAINED HEREIN.

ELIGIBILITY
The Services are not intended for access or use by children, especially those under the age of thirteen (13). If you are under the age of thirteen (13), you may not access or use the Services. By accessing or using the Services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set forth by this Agreement. If you are not of an age old enough to enter into contracts in your state, you must review this Agreement with you parent or legal guardian before using the Services. If your parent or legal guardian does not agree with this Agreement, you are not authorized to access or use the Services.

CONTENT
For purposes of this Agreement, “Content” includes, without limitation, information, data, text, photographs, videos, audio, written posts, articles, resources, comments, software, scripts, graphics, and other features generated, provided, or otherwise made accessible on or through the Services. The Content provided through the Services includes discussions about health and related subjects. All Content is for informational purposes only and should neither be construed as medical advice, nor substituted for professional medical expertise or treatment. The views, thoughts, and opinions expressed in the Content through the Services are solely those of the Company. Company makes no representations as to the accuracy or completeness of any Content on this site.  Company is not responsible for any links to third-party websites, applications, or other services, including social media platforms. Company strongly advises that you review the terms, policies, disclaimers, and conditions of every website that you visit.

INTELLECTUAL PROPERTY
All images, text, designs, graphics, page layout, icons, videos, logos, taglines, trademarks, service marks, and related Content are owned by and property of Emily L. Depasse, LLC. (“Company IP”) or the properly attributed party. It is a violation of federal law to use any of Company IP, in whole or in part, and modification of any materials contained on or through this website is illegal and may be prosecuted to the fullest extent permissible should Company choose to do so. This includes but is not limited to, seeking financial penalties or an injunction forcing Users to stop using Company IP immediately.

PURCHASES
Company may make certain products, features and services available for purchase or download (“Purchases”) on or through the Services. You agree to pay an applicable fee for any Purchases that you make, including, without limitation, any applicable sales, uses, or similar taxes or charges. Certain products, fee-based services, or features that you purchase, access, or download via the Services may be subject to additional terms and conditions presented to you at time of purchase, access, or download.

COMMUNICATION AND CONFIDENTIAL INFORMATION
For purposes of this Agreement, the term “Confidential Information” shall mean any and all confidential or proprietary information of any nature and in any form which at the time is not generally known to the public disclosed by you to Company, directly or indirectly, whether in writing, orally, or by electronic submission, with the exclusion of Feedback (defined below). The Company may use your Confidential Information to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. Company reserves the right to maintain a database of current and past email subscribers. Company reserves the right to use this information as reasonably necessary in its business practices and as provided by law. Company will not sell User information to any third parties.
You may opt out of receiving any, or all, of these communications by following the unsubscribe link or instructions provided in a subsequent email, or by contacting Company directly through the email provided below.

FEEDBACK AND ASSIGNMENT

If you provide Company any feedback or suggestions for improving or regarding your use of the Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner that it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.

COOKIES DISCLOSURE
Cookies are filed with a small amount of data, which may include an anonymous, unique identifier. Cookies are sent to your browser from a website and are transferred to your device(s). Company uses cookies to collect information in order to improve its Services. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The help feature on most browsers provide information on how to accept cookies, disable cookies, or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use some features of the Services.

CHANGES TO TERMS, CONDITIONS, AND DISCLAIMERS
Emily L. Depasse, LLC. reserves the right to revise this Agreement without notice at any time and in its sole discretion. You can review the most current version of this Agreement on this page.

TERMINATION
Company may, in its sole discretion, terminate your access or use of the Services without prior notice and without reason at any time.  

NEWSLETTER POLICY
Company offers the opportunity for Users to volunteer certain information that is used for email and marketing purposes. This information includes, but is not limited to, User’s names and email addresses. Users have an opportunity to unsubscribe from any future communications via email, but Company reserves the right to maintain a database of past email subscribers. Company reserves the right to use this information as reasonably necessary in its business practices and as provided by law. Company will not sell User information to any third parties.

INDEMNIFICATION & LIABILITY
You agree to defend, indemnify, and hold harmless, Company and its employees, contractors, directors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your misuse of, or access to, the Content provided through the Services. Company shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use of data, or other intangible losses, resulting from or incurred in connection with your use of the Services. Company does not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of your access to the Services and related material(s).  

GOVERNING LAW

This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and enforceable in any court of competent jurisdiction in the Commonwealth of Pennsylvania.

SEVERABILITY
The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision hereof.

ENTIRE AGREEMENT

This Agreement, together with the Privacy Policy, supersedes all prior understandings and agreements between the parties hereto, whether oral or written, with respect to the subject matter hereof.

CONTACT US
If you have any questions or comments about this Agreement, you may contact us by email at emily@emilydepasse.com.