TERMS AND CONDITIONS OF USE

Effective January 14th, 2008

Your Obligation

Welcome! This website is provided by ATBK, Inc., a California corporation (“Emmo Home”). By using emmohome.com (the “Emmo Home Website” or the “Website”), you agree to be bound by the following terms and conditions of use (the “Terms of Use”). If you do not agree to be bound by these Terms of Use, do not use the Website.

Emmo Home Website

These Terms of Use apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by Emmo Home. Emmo Home has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website or third party advertisements. In addition, Emmo Home will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve Emmo Home from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Emmo Home Website and to read the terms and conditions and privacy policy of each other website that you visit.

Limitations on Access to Website

Emmo Home hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Emmo Home’s prior written authorization, which may be withheld in its sole discretion; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you will not use any part of the Website to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales; (v) you will not “meta-search” the Website or use an automated system that accesses the Website in a manner that sends more requests in a given time than a human could using a conventional online browser; (vi) you will not attempt to decompile or reverse engineer any software contained on the Emmo Home Website; (vii) you will not remove any copyright or proprietary notations from the materials; (viii) you will not transfer the materials to another person or “mirror” the materials on any other server; and (ix) you will otherwise comply with the terms and conditions of these Terms of Use. Your right to use the Emmo Home Website shall automatically terminate if you violate any of these restrictions and may be terminated by Emmo Home at any time in its sole discretion.

Intellectual Property Rights

The content on the Emmo Home Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”), and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Emmo Home, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Emmo Home reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of user submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Emmo Home Website, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Emmo Home Website or the Content therein.

Product Information

Most products displayed on this site will be available in Emmo Home store(s). In some cases, merchandise displayed for sale on this site may not be available at Emmo Home store(s). The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States.

We have done our best to display as accurately as possible the colors of the products shown on this Website. Nevertheless, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

We have attempted to accurately price all products listed for sale on the Website. If, however, for any reason the price displayed on the Website is inaccurate, Emmo Home reserves the right to cancel any order without limitation or liability.

Any materials appearing on the Emmo Home Website could include technical, typographical, or photographic errors. Emmo Home does not warrant that any of the materials on the Website are accurate in any way.

Comments and Submissions

We welcome your comments regarding the Emmo Home Website. Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to the Emmo Home Website shall be and remain the exclusive property of Emmo Home. Your submission of any such Comments shall constitute an assignment to Emmo Home of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. Emmo Home will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you or anyone else in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork. Additionally, you acknowledge that you have full responsibility for any submission you make, including its legality, reliability, appropriateness (no obscene or inappropriate Comments), originality, and copyright.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE EMMO HOME WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EMMO HOME, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. EMMO HOME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) DEFECTS, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EMMO HOME WEBSITE. EMMO HOME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EMMO HOME WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EMMO HOME 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. AS WITH THE PURCHASE OF A PRODUCT AND/OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EMMO HOME, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) DEFECTS, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EMMO HOME WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Website is controlled and offered by Emmo Home from its facilities in the United States of America. Emmo Home makes no representations that the Emmo Home Website is appropriate or available for use in other locations. Those who access or use the Emmo Home Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify, and hold harmless Emmo Home, its members, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from: (i) your use of and access to the Emmo Home Website; (ii) your violation of any provision of these Terms of Use; or (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of these Terms of Use and your use of the Emmo Home Website.

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and agree to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Emmo Home Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Emmo Home Website—there are many other great websites for you. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Emmo Home without restriction.

General

You agree that: (i) the Emmo Home Website shall be deemed solely based in California; and (ii) the Emmo Home Website shall be deemed a passive website that does not give rise to personal jurisdiction over Emmo Home, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Emmo Home that arises in whole or in part from the Emmo Home Website shall be decided exclusively by a court of competent jurisdiction located in Irvine, California. These Terms of Use, together with the Privacy Policy and any other legal notices published by Emmo Home on the Website, shall constitute the entire agreement between you and Emmo Home concerning the Emmo Home Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Emmo Home’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Emmo Home reserves the right to monitor any and all use of this Website. Emmo Home reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Emmo Home reserves the right to terminate this Website at any time and without notice in its sole discretion. Your use of the Emmo Home Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND EMMO HOME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EMMO HOME WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.

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