Legal
Last updated on: January 29, 2025
TERMS OF USE
These Website Terms of Use (the “Terms”) are applicable to your use of the website provided to you by Styled By Em (“SBE,” “we,” or “us”).
Please read these Terms carefully. By continuing to access or use the SBE Website (as defined below), you indicate your acceptance of these Terms. If you do not agree with these Terms, please do not proceed with, or promptly discontinue, your use of the SBE Website.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON SBE’S LIABILITY ARE EXPLAINED IN SECTIONS 7 and 8.
1. General Provisions.
1.1. Definitions. The following definitions apply to these Terms:
(a) “SBE Content” means descriptions, information, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, animation, audio clips or downloads, video clips, and written and other materials) that are made available to you through, or in connection with, the SBE Website.
(b) “SBE Website” means the website currently located at https://emstyled.com, all of its sub-domains, any mobile renderings of such website, or any other successor website(s) provided to you by SBE.
(c) “Intellectual Property Rights” means any and all intellectual property rights, including registered or unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patents, rights in designs, copyrights, moral rights, database rights, trade secrets, trademarks, service marks, trade names, domain name rights, know-how, rights of confidence, or other intellectual property rights, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world from time to time.
(d) “Third-Party Materials” means any third-party content that is made available to you through the SBE Website.
(e) “Your Information” means any (i) information, data, material or other content that you provide to SBE (including through the SBE Website), and (ii) information related to your operation and use of the SBE Website that is collected by us.
1.2. Updates to these Terms. SBE may update these Terms at any time by providing reasonable prior notice to you using any suitable means, including by posting the revised Terms on its website. The updated Terms will apply to your use of the SBE Website after the date on which SBE has posted the updated Terms or otherwise notified you of those changes. By confirming your acceptance of the updated Terms, or by continuing to use or access the SBE Website after we post or otherwise notify you of any change, you agree to abide by the updated Terms. The “Last Updated” legend at the end of these Terms indicates the date on which these Terms were last updated.
2. User Consents.
2.1 Your Information. You understand and acknowledge that we may need to collect, store, and use Your Information, in connection with your use of the SBE Website, for operational management of the SBE Website, to make improvements to the SBE Website, or for any other legitimate business purpose. You hereby consent to our collection, storage, and use of Your Information. Please note that our Privacy Policy contains additional information regarding SBE’s collection and use of Your Information.
2.2 Electronic Communication. You hereby agree to receive electronic communication from SBE, including via text and email. You agree that any electronic communication from SBE satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to SBE, including, without limitation, by posting to the SBE Website, email or otherwise, are and will be treated as non-confidential and non-proprietary. Any notice you provide to SBE must be in accordance with Section 10 of these Terms.
2.3 Data License. You hereby grant to SBE a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, fully-paid, sublicensable, and transferable (to an affiliate or successor) license and right to use, copy, display, modify, and distribute Your Information as needed for operation of the SBE Website, to make improvements to the SBE Website, or for any other legitimate business purpose. Any alterations, changes, modifications, enhancements, additions, restructuring, or deletions made to, or derivatives of or other products derived from, or as a result of our use of Your Information or otherwise arising in connection with the parties’ performance under these Terms shall be the sole and exclusive property of SBE, together with all Intellectual Property Rights and other rights therein.
3. Your Representations. You represent and acknowledge that:
(a) You have the legal power and authority to agree to these Terms, you are at the age of majority in the jurisdiction of your residence, have the legal capacity to enter into contracts and have neither falsely identified yourself nor provided any false information to us;
(b) You will only use the SBE Website for personal and non-commercial purposes only;
(c) You will not access or use the SBE Website in a manner that violates any applicable law;
(d) You will not use any spiders, crawlers, framing, or data mining tools to access any SBE Content;
(e) You will not modify, reverse-engineer, or de-compile the SBE Website in any manner through current or future available technologies. Further, you will not copy, translate, transmit, display, port, distribute, modify, attempt to derive, or gain access to source code of, or make derivative works of the SBE Website, nor permit or assist anyone in performing such prohibited acts. You will not access the SBE Website with the intent to develop or market a competing service, or to enable a third party to do so;
(f) You will not use the SBE Website in a way that is intended to (i) cause damage or adversely affect the SBE Website or SBE’s servers, including by means of introducing a virus, trojan, or other malicious software or by breaching any security protocols or through use of denial of service tools; or (ii) circumvent, endanger, disrupt, or interfere with the operation, security, usage limits, or integrity of the SBE Website; and
(g) You will only submit Your Information when you have the right to share such data. You are solely responsible for complying with all applicable laws and consent requirements related to collection and sharing of Your Information.
4. Term and Termination.
Your use of the SBE Website constitutes your acceptance of these Terms. If you do not agree to these Terms, you should not use the SBE Website. SBE may, at any time, in its sole discretion, and without notice to you, terminate your access to the SBE Website, or any portion of it. Further, SBE may, at its sole discretion, at any time without prior notice to you: (a) change, restrict, or suspend your access to the SBE Website, or any portion of the SBE Website; or (b) add, remove, or modify any services or functionality that are available through the SBE Website through future updates.
5. Ownership.
SBE shall continue to own and retain all right, title, and interest, including Intellectual Property Rights, in and to (i) the technology or materials used for, or incorporated into, the SBE Website, and (ii) all SBE Content, and in each case to any modifications, enhancements, or derivatives thereto. You will not copy, reproduce, or disclose any SBE Content provided to you or use any branding or logos used in the SBE Website or the SBE Content, without SBE’s prior written consent.
Any feedback provided to us by you regarding the SBE Website, SBE Content or any other aspect of our business or operations, including all Intellectual Property Rights therein, shall become our sole and exclusive property. You hereby irrevocably assign to us all right, title, and interest in and to such feedback and agree to provide us with any assistance that we may require to document, perfect, and maintain our rights in the feedback.
6. Disputes and Governing Law.
6.1 Governing Law. Any disputes arising in connection with the SBE Website, or these Terms shall be governed by, construed, and enforced solely and exclusively in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles.
6.2 Dispute Resolution. You and SBE both agree to provide a written notice of any disputes to the other party at its notice address (or an address provided in writing to the other party) and try to resolve any disputes in good faith thereafter arising from or in connection with the SBE Website before bringing a claim or action in a court of law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
7. No Warranties.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR ANY LIMITED WARRANTY INCLUDED IN THESE TERMS, THE SBE WEBSITE AND SBE CONTENT IS PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND YOU USE THE SBE WEBSITE AT YOUR OWN RISK. SBE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR USE, QUIET ENJOYMENT, ACCURACY, OPERATION, COMPLIANCE WITH DOCUMENTATION AND NON-INFRINGEMENT RELATED TO THE SBE WEBSITE. CBE DISCLAIMS, AND THESE TERMS DO NOT INCLUDE, THE PROVISIONS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, THE UNIFORM COMMERCIAL CODE, THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AND ANY OTHER PROVISIONS OTHER THAN THESE EXPRESS TERMS.
SBE DOES NOT MAKE ANY WARRANTIES THAT THE SBE WEBSITE WILL MEET YOUR REQUIREMENTS, PROVIDE ACCURATE CONTENT, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. SBE makes no warranty related to the confidentiality and security of any data provided by you to SBE, including Your Information.
The SBE WEBSITE may contain hyperlinks or references to certain other websites (“Linked Sites”). SBE does not control and is not responsible for the content on Linked Sites including any products and services provided therein. YOU HEREBY expressly acknowledge and agree that YOU ARE solely responsible for licensing any Third-Party Materials that YOU USE IN CONJUNCTION WITH THE SBE WEBSITE, at YOUR own cost and in accordance with terms and conditions agreed to with the third-party licensors of such Third-Party Materials. SBE has no responsibility for the accuracy, currency, or availability of any Third-Party Materials.
8. Liability Limitations.
In no event shall SBE, its owner, its affiliates, agents or contractors be liable for any consequential, punitive, incidental, or special damages, including, but not limited to, any personal injury, property damage, or unauthorized disclosure of your data, whether in any action in warranty, contract, tort, breach of contract, negligence, strict liability, malpractice, or otherwise resulting from your use, or inability to use, the SBE Website. To the fullest extent allowable under applicable law, SBE’s maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, arising from your use of the SBE Website will not exceed $100.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
9. Your Indemnification.
Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless SBE, our affiliates, licensors, suppliers and other contract relationships (including the officers, directors, employees, consultants, and agents of each) from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any data or information you submit or provide to SBE (including Your Information), (b) your use of the SBE Website, (c) your violation of these Terms, or (d) your violation of any rights of any other person or entity.
10. Notices.
You may provide notice to us by emailing us at em@emstyled.com. Any notice sent by you via email is deemed to be delivered upon your receipt of an electronic read receipt or delivery receipt or upon confirmation of receipt from us.
11. Severability.
If any part of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, those provision or part thereof will be deemed to not form part of the contract between us. The legality, validity, or enforceability of the remainder of the Terms will remain in full force and effect.
12. No Third-Party Beneficiaries.
No provisions of these Terms create any third-party beneficiary.
13. Survivability.
The rights, obligations, and commitments in these Terms that, by their nature, would logically continue beyond the termination of your use of or access to the SBE Website survive termination of these Terms, including, without limitation, provisions related to indemnification and limitations of liability.
14. Assignment.
Your obligations and rights under these Terms may not be assigned, in whole or in part, without SBE’s prior written consent. These Terms will be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties.
15. International Use.
Although the SBE Website may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
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PRIVACY POLICY
Styled By Em (“SBE”) is concerned about privacy, and has taken measures to protect the privacy of visitors and current and prospective clients. This privacy policy applies to information collected on the SBE website as well as information received from other sources. Please read this policy carefully. By continuing to interact with our website or working with SBE, you acknowledge that you have read and understand the terms described in this privacy policy.
What information do we collect?
Automatically Collected Data: We may collect information as visitors interact with our website, such as requesting a meeting, signing up for a newsletter or simply browsing. Our website uses cookies, and you can read our cookie policy below.
Registration Data: SBE does not knowingly collect information from any child under the age of 13.
We may collect personal information, including, but not limited to, names, phone numbers and emails in order to communicate with you and respond to your inquires.
How do we collect your information?
We collect information from you when you use our site, register for our newsletter, request a meeting or contact us.
How do we use your information?
We may use your information for a variety of purposes. In addition to instances in which you provide us with your consent, we may also use your information in the following ways:
Services: We may use your personal information to provide services to you. This typically requires the use of your information, to fulfill your requests for information and/or to work with you. We may also use your information to communicate with you, such as to update you on our services.
Archival: We may use, disclose, or share basic information, including identifying the names of clients for archival, recordkeeping, newsworthy or promotional purposes.
Legal: The law may require SBE to use, disclose, or share your information with third parties in response to legal proceedings, in response to a request from a competent law enforcement agency, to protect our rights, privacy, safety or property, or the public, to enforce the terms of any agreement, or for any other purpose that is required or permitted by law.
Mergers and Acquisitions: In the event that SBE or its assets are acquired by, or merged with, another organization or company including through bankruptcy, we may use, disclose, or share your information with any of our legal successors.
Fraud Detection: We may use, disclose, or share your information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this policy, or as otherwise required by law.
Aggregated and Anonymous Information: We may use aggregated and anonymous information for a variety of purposes related to the operation of SBE. This information is not linked to any individual’s personal information and cannot be used to identify you or any other individual.
How do I opt-out of receiving SBE e-mails?
If at any time you would like to unsubscribe from receiving future emails from SBE, you can email em@emstyled.com, and request to opt-out of e-mail communications.
Do we disclose any information to third parties?
SBE does not sell your information for a profit. However, the information we collect about you may be shared with third parties. When we provide information to third parties, we make an effort to provide only the minimum amount of information that is necessary to accomplish the purpose for which the information is being shared.
How do we protect your information?
We have adopted safeguards in an effort to prevent accidental loss and unauthorized access, use, alteration and disclosure of your information. However, the safety and security of your information also depends on you.
Although we have implemented measures to protect your information, we cannot guarantee the privacy and security of personal information transmitted to our website. Any transmission of personal information is at your own risk.
Cookies
Do we use cookies? Yes.
What are cookies? A cookie is a piece of information contained in a text file that is stored in your internet browser or elsewhere on your hard drive. Cookies are transferred from our website to your computer, phone or tablet and allows our website to identify a user's device whenever that user returns to the website. Cookies are used in order to make websites work more efficiently, improve the user experience, and to provide information to the owners of the site.
SBE’s use of cookies: SBE collects information during your visit to our website through the use of cookies. We use these cookies to distinguish you from other users of our websites and to help us compile aggregate statistics about usage of our websites.
Cookie management: You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the SBE website.
You can use the methods described below to manage cookies. You must take these steps on each browser or device that you use. If you replace, change or upgrade your browser or device, or delete your cookies, you may need to use these opt-out tools again.
If the browser you use is not listed above, please refer to your browser’s help menu for information on how to manage cookies.
Third party links
Some information and communications that you receive from the SBE or that is posted on our website may direct you to a non-SBE website. Please refer to those third-party web sites for their privacy policies and use of data, as SBE has no control over information that is submitted to, or collected by those third parties.
Special Rules for Children
Because of federal law, we are not permitted to knowingly collect any personal information from a child under the age of 13 without the consent of that child's parent or guardian. The statements in this policy about our collection and use of personal information also apply to our treatment of personal information from children under the age of 13. If a person who we know to be under the age of 18 and for whom we have not received parental consent attempts to request a meeting or subscribe to the SBE newsletter, we will immediately delete their registration.
California, Nevada, and EU Residents
The SBE website and our services are not intended for residents of California, Nevada or the European Union. Should we obtain actual knowledge that any information we collect has been provided by a resident of California, Nevada or the European Union, we will promptly delete that information.
Changes to our Privacy Policy
SBE reserves the right to modify this policy from time to time as we determine appropriate. We will post any changes to this policy on the SBE website. We may contact you with notices concerning our privacy policy. Please visit this page (navigate to www.emstyled.com, select the legal tab periodically to review any changes that we may have made.
Contact Us
If you have any questions, comments or concerns regarding this privacy policy, you may contact us by e-mail at em@emstyled.com.