Terms of Service

Hello, I am Milford your service specialist. We the owners of Embrace Shoelace Designs commit to the highest quality of both service and craftsmanship.

Our policies and service guidelines are subject to change as we find new and better ways to serve our customers. Your ideas matter to us feel free to share them with us.

Ask a terms of service question here

Please call or email us any questions or concerns that you may have using the purple button.

Your complete satisfaction is always our goal. Ask us to explain anything that is not clear in our service terms.

We wanna help make it easy for you so this is our terms of service in a key point summary. (revised June 2024)

Our 30 day return policy is on pre decorated designs and blank products that can be resold without additional servicing.
No refunds or returns on custom decorated service orders or made to order products.
A 7 to 10 business day turnaround is standard, however, revisions, larger orders or more complex projects may take longer .
No exchanges or returns for credit on purchased items.
We only retain artwork files that we produce for you. Art work you submit should be a copy as it will not be retained.
Digitizing fees are not refundable unless we determine your artwork is not usable with our digitizing system.
Artwork submitted must be in a form that can be read by our software (jpeg, svg, or png)
Embrace is not responsible for copyright violations in artwork files you submit. You must have permission from the legal owner.
Custom service orders we produce can only be cancelled or changed prior to the start of production.
Pre decorated or handmade items can only be cancelled prior to packaging and shipping.
Blank garments and/or accessories must be supplied by the customer.
If our machine damages a garment or accessory that you send to us we will not replace the garment, however, we will refund any money paid minus the digitizing fee.
We are not responsible for any unforeseen circumstances that delay production completion and/or shipping of orders.

note : See full terms of service below

User Agreement Embrace Shoelace Designs Product/Services (revised June 2024)

Please note the following: These agreements and terms of service are subject to change without notice at the sole discretion of Ownership.

Embrace Shoelace Designs custom and pre decorated products are made of the highest quality materials possible using our state of the art embroidery. Our limited select products are made from fine machine embroidery. Generally we put text and embroidered designs directly onto your garments and accessories. In some cases custom requests for embroidery service involve the use of patches in place of direct to garment embroidering.

note: we have a limited selection of products for sale that can support personalized embroidery.

Custom embroidery service requests vs. pre-decorated embroidery products

Embrace Shoelace Designs has a limited selection of embroidery products that is available for retail wholesale or consignment. These items are for sale at tradeshows and farmers markets the owners attend. These items can be altered by special request which would cause them to be considered as custom requests subject to the terms of service outlined for custom embroidery service.

Requests for custom service require you to send us artwork or a representation of your design via email or social media which we will match. We will send a summary file of the agreed upon project details using a Corel draw representation file included with your invoice for approval and payment. This authorizes the embroidery project to begin. Custom work may require a digitizing cost to translate your artwork for our embroidery machine. This digitizing cost may also apply if we do the artwork to be digitized.

We offer an extensive palette of 160 colors to match your color choices. Text is in block or script or we can match your font request. We have available glitter and gem stones as embellishments. Specifically for shoelaces we offer an 8 character max in text only or a 4 character text max with a design. Specifically for headbands and caps we offer a 10 character max in text or a 4 character text max with a design. Exceptions to this offering must be requested by phone message, email or social media. We retain the right of refusal to produce for any reason and without explanation which is at the discretion of Embrace Shoelace Designs.

Submitted artwork files vs. Embrace Shoelace Designs artwork files rights and obligations are as follows:

Artwork files submitted to Embrace Shoelace Designs by the user is considered property of the submitter and Embrace Shoelace Designs becomes a temporary holder but not custodian of said submission. Only copies are accepted and the original work must be retained by the submitter. Files should be submitted as PNG, SVG, or JPEG other formats must be deemed acceptable by the owner operators. Embrace Shoelace Designs has no responsibility to store or produce such files at any later date. Once the artwork is digitized for machine production and completed the completed embroidery having been paid for is the property of the submitter, however, we retain the right to display the completed work in our galleries, website and post images on our social media platforms. We also retain the right to produce copies of the finished work to display at events to highlight our work. The submitter by sending artwork to Embrace Shoelace Designs stipulates that the artwork files are without any malicious properties. Any malicious harm or threat to Embrace Shoelace Designs its e commerce systems or equipment from customer sent artwork will be the liability of the submitter.

Artwork files produced by Embrace Shoelace Designs once paid in full become the property of the payer. Embrace Shoelace Designs will act as custodian of such artwork and make it available to the payer upon request. Requested art work files will be sent to the payer as a PNG, SVG, or JPEG file only. We will maintain a copy of the file in our data base and make it available for the payer. The artwork file and digitization will be the property of the payer. We retain the right to display the artwork and digitization along with a completed embroidery representation in our galleries, website, and social media platforms and at events to highlight our work.

Embrace Shoelace Designs charges a onetime digitizing fee starting at $35 and up depending on level of complication to convert your submitted art or our created art work on your behalf to an art file our embroidery machine can process. The digitizing fee is non refundable. A maximum of 2 revisions is allowed per fee payment. Revisions may increase our turnaround time. Color changes do not cause additional cost. Designs greater than 3”x 3” whether direct to garment or patches may be at additional cost at the discretion of Embrace Shoelace Designs. Size and other changes to artwork will increase price.

Terms of service: an agreement between you and Embrace Shoelace Designs to enter and use this website and/or all offered services

Our limits of Liability: Occasionally during the embroidery process a garment may be damaged by the computer driven sewing machine (embroidery machine) causing holes and other none repairable injury to the garment. If you are supplying the garment and there is such a problem we do not replace your garment. We will issue a refund of monies paid to us in full minus any digitizing fees. This problem is rare but this is to make you aware of the possible risk to garments with machine embroidery. The payment of the project invoice serves as acknowledgement that you have been notified of and accept this policy. Digitizing fees will only be refunded if we determine that your submitted artwork is unusable in our process.

We periodically have blackout dates meaning non production days. In such cases we will still accept orders while offering a delayed completion time. Blackout dates are posted to our website and social media platforms.

We offer dual sales solutions services to fit your needs. Our prime sales avenue is our point of sales retail solution. Secondly we offer the option for customers to be invoiced with payment due upon receipt of invoice. In addition we are able to act as wholesalers and with proper documentation can grant tax exemption for nonprofit organizations and business to business for resale transactions. We also offer consignment and contract work for other businesses.

What can be returned?

Items in their original packaging and in like new condition with RMA number. We will provide this number.

What cannot be returned: Items that are not in their original packaging and/or with noticeable wear and tear and/or no RMA number on the package

Returns for refund: No return or refund for decorated products. Blank product and pre-decorated product returns for refund must be made within 30 days of purchase. No refund for embroidery services once production begins.

Returns for exchange or store credit: No returns for exchange or store credit.

Shipping charges for products returned: Initial shipping is free. All shipping charges for returning products to us must be paid by the returnee. We do not reimburse shipping charges unless we send defective products.

Embrace Shoelace Designs will not refund any monies on any service once started or completed whether its digitization or production of embroidery project.

To return a Embrace Shoelace Designs product:

1. Contact Embrace Shoelace Designs@gmail.com to obtain an RMA (Return Merchandise Authorization) number.

2. Write the RMA number in a conspicuous place on the outside of the return parcel.

Send the package to:

Embrace Shoelace Designs

4753 w. Kiley av

Milwaukee,Wi 53223

Welcome to the Embrace Shoelace Designs website and/or services.

We hope you enjoy your use of our services and website. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.

It is your obligation to keep yourself informed of any changes that may occur between visits, as using our services and website each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.

1 Embrace Shoelace Designs Services: rights and responsibilities

§ We create, pre decorate, and design art work and embroidery related products that are listed for sale. Items we sell can also be as is or personalized thru our customization offerings. Most accessories and all garments must be supplied by the customer.

§ We offer customized embroidery services as outlined in these terms

§ We digitize your artwork submissions for our machine to produce your custom embroidery projects

§ We save and share designs or display a finished embroidery project copy that you may have created or supplied as artwork

§ Post embroidery based on what may be your created images to social networks, websites, or galleries including events such as trade shows and farmers markets with the right to do so

Certain circumstances are beyond our control.

Late production clause: Embrace Shoelace Designs is not responsible for unforeseen circumstances that may delay production completion and/or shipping of orders such as power loss equipment breakdown and or injury/ illness.

Please note that we cannot be responsible for the following:

Spelling, punctuation or grammatical errors made by the customer in artwork submissions to us.

Inferior quality or low resolution of uploaded images submitted to us for digitization

Design errors from the user/submitters art submissions to us for digitizing

Errors in user/submitters selected options such as product type, color, size etc,

Projects and/or product orders may be cancelled prior to production for decorated product and prior to packaging and shipping for blank product and pre decorated products. Our standard turnaround time is within 7-10 business days after the payment for your invoice. Larger orders may take longer. Orders from the Milwaukee area may be hand delivered by making arrangement for drop off and pick up at agreed upon locations and times.

Embrace Shoelace Designs does not proof documents/images created or supplied by its customers prior to digitizing. Errors and omissions are the responsibility of the customer. Embrace Shoelace Designs is not responsible for artwork images supplied to us that are in violation of copyright protections. You must have permission to use any images or designs submitted to us for embroidery digitizing and or production. If such submissions come to our attention as not permitted we retain the right to refuse the user/submitters request to produce the embroidery.

2 Using our Embrace Shoelace Designs Services and Website:

In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.

2.1 ELIGIBILITY CHILDREN UNDER 18.

Embrace Shoelace Designs will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.

If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.

(Further details to this agreement can be found at Embrace Shoelace Designs.Com)

2.2 Definitions and Interpretation

In these Terms of Use, unless the context indicates a contrary intention:

Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighboring or proximate rights anywhere in the world that currently exist or are recognized in the future).
A person means any form of legal entity as well as any quasi-legal entity.
A user means any person using the website and/or services provided
A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
The word includes in any form is not a word of limitation.

3 User's Obligations

3.1Responsibilities

Users are and shall be wholly and exclusively responsible, at their own cost, for:

all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
complying with all laws, regulations and rules in the users country or jurisdiction;
complying with any recommendations or guidelines issued by Embrace Shoelace Designs with respect to the use of the Website and/or services and
ensuring that all electronic or other media it uses in connection or in conjunction with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.

3.2 Restrictions on Users

Users shall not and have no right to either:

reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
use either the Website to supply any service to any person; or
modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
1. infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
2. is libelous, defamatory or slanderous,
3. condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
4. contains explicit sexual content,
5. does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
6. is designed to or does harass, threaten, defame or abuse others,
7. exploits images or the likeness of minors,
8. encourages the use of drugs or the under-age use of alcohol or cigarettes, or
9. is generally offensive or in bad taste;
use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental effect on the Website and/or sales platform,
take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
collect electronic mail addresses or other information from our Website,
impersonate another person or entity,
engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.

USER ACKNOWLEDGES AND AGREES THAT Embrace Shoelace Designs MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.

4 Embrace Shoelace Designs Obligations

4.1 Access to and use of the Website and Services Subject to user complying with and discharging each of its obligations under these Terms of Use, Embrace Shoelace Designs shall allow user to access and use the Website and the services.

4.2 Privacy: Embrace Shoelace Designs may collect personal data concerning the user in the course of and incidental to users’ use of the Website and services. Embrace Shoelace Designs shall comply with, and user hereby consents irrevocably and unconditionally to Embrace Shoelace Designs collection, use and disclosure of such data in accordance with, its Privacy Policy

Embrace Shoelace Designs values the users of our website www.embraceshoelacedesigns.com (the "Website"). Your privacy and trust are very important to us. We recognize that you may be concerned about our collection, use, and disclosure of the personally identifiable information ("Personal Information") that we collect when you use the Website and the services offered on the Website ("Embrace Shoelace Designs.Com"). This Privacy Policy describes the information that we collect from you, how we collect this information, and what we do with it after we collect it. By using the Website you are accepting the practices described in this Privacy Policy.

If you have any questions or comments regarding this Privacy Policy, please contact us at embraceshoelacedesigns@gmail.com .

Does Embrace Shoelace Designs Ever Make Changes to its Privacy Policy?

We may make changes to the Privacy Policy from time to time. We will notify you of any changes by sending you an email, posting a notice on the home page of the Website. If you receive notification of a change in our Privacy Policy, you must review the new Privacy Policy carefully to make sure you understand our practices and procedures. You may not be able to receive notices from us if your cookies are not set to accept and/or are disabled.

What Types of Information Does Embrace Shoelace Designs Collect?

Personal Information. We collect Personal Information that you provide to us, such as your name, mailing address, phone number, email address, credit card number, and financial information. Non-Personal Information. We also collect non-personal information from you, such as your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address Non-Personal Information cannot be easily used to personally identify you.

How and When Does Embrace Shoelace Designs Collect This Information?

Providing Information to Us. We collect Personal Information from you when you provide it to us. For example, if you purchase a product sold through an affiliate, we may collect your name, mailing address, telephone number, credit card number, and email address. If you sign up to receive marketing emails, we will collect your email address. If you communicate with us regarding the Website or the System, we will collect any information that you provide to us in any such communication. Analytic and Reporting Technologies. Like the operators of most websites, we use analytic and reporting technologies to record Non-Personal Information such as Internet domain and host names, Internet protocol (IP) addresses, browser software, operating system types, click stream patterns, and the dates and times that the Website and the System are accessed. We also contract with several online partners to help manage, monitor and optimize our Website and the System and to help us measure the effectiveness of our advertising, communications and how visitors use the Website. To do this, we may use web beacons and cookies.

How Does Embrace Shoelace Designs Use My Information?

Personal Information. We use Personal Information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving the Website, fulfilling requests for information, producing and shipping the products that you order, and providing customer support. If you sign up to receive Embrace Shoelace Designs marketing emails, we will use the email address you provide to send you discount offers. Non-Personal Information. We use Non-Personal Information to track the use of the Website and the System and for other internal purposes, such as providing, maintaining, evaluating, and improving the Website.

When Will Embrace Shoelace Designs Disclose My Information to Third Parties?

Disclosure to Successors. We may disclose your Personal Information to any successor-in-interest of ours, such as a company that acquires us. In the event Embrace Shoelace Designs goes through a business transition, such as a merger or acquisition by or with another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred. You will be notified via email or by a notice on our Website of any such change in ownership or control of your Personal Information.

Disclosure to Unaffiliated Third Parties. We may disclose your Personal Information to prevent an emergency, to prevent harm to others, to respond to legal requirements, to protect or enforce our rights and policies, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order). In particular, we may disclose your information to a third party that alleges that you have infringed their intellectual property rights. Similarly, if you allege that someone is infringing upon your intellectual property rights, we may disclose your information to that person.

Disclosure to Third Party Service Providers and Online Partners. We may contract with various third parties who help us provide, maintain and improve the Website and the System. For example, we use a third party to process payments made to us, and may subcontract out production, fulfilment, analytics, reporting or other operations. We also contract with several online partners to help manage, monitor and optimize our Website and the System and to help us measure the effectiveness of our advertising, communications and how visitors use the Website. We will use commercially reasonable efforts to prevent such third parties from disclosing your Personal Information, except for the purpose of providing the services in question. We cannot guarantee that such third parties will not disclose your Personal Information.

Disclosure to Affiliates. If you purchase a product, Embrace Shoelace Designs may provide your name, and the city and state information provided by you to an Affiliate. We cannot guarantee all Affiliates will comply with protecting your information to our level of security.

Disclosure of Non-Personal Information. We will disclose Non-Personal Information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not opt-out of the sharing of this information. However, it cannot be easily used to identify you personally.

What about Cookies and Web Beacons?

A cookie is a small file placed on the hard drive of your computer. Most websites use cookies. We may use cookies to track your use of the Website and the System. A web beacon is an often-transparent graphic image, usually no larger than a 1x1 pixel that is placed on a web page or in an e-mail that is used to monitor the behaviour of the user visiting the Website or receiving the e-mail. Cookies and web beacons used by Embrace Shoelace Designs and our online partners are not linked to Personal Information. Some of our affiliates may use cookies or web beacons on our Website. We have no access to or control over these cookies and web beacons. This Privacy Policy covers the use of cookies and web beacons by Embrace Shoelace Designs and our online partners only and does not cover the use of cookies or web beacons by any other third party. Other third party cookies maybe used on this site and is the responsibility of the site owner to declare those cookies.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on.

How to control and delete cookies

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.

To opt-out of third-parties collecting any data regarding your interaction on our website, please refer to their websites for further information.

Does Embrace Shoelace Designs Protect My Personal Information?

Personal Information. Whenever we obtain your Personal Information, we use commercially reasonable efforts to protect it from unauthorized access or disclosure. However, we are not insurers of the security of your Personal Information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control. Website Content. The content that you store, post, or transmit on or through the Website, such as message board postings, storefront pages, and images on your Products, may be accessed by other users, including people that you do not know. We are not responsible for the actions of others. Therefore, you should use care in communicating with other users and only disclose your Personal Information to other users that you know to be trustworthy. You should not assume that your content will be kept private.

How Can I Review and Make Changes to My Personal Information?

You can obtain a copy of and request that we correct errors in your Personal Information by emailing us at embraceshoelacedesigns@gmail.com

Security

The security of your Personal Information is important to us. When you enter sensitive information such as a credit card number and/or social security number on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Does This Privacy Policy Apply When I Access Third Party Websites?

You may be able to access third party websites directly from the Website. This Privacy Policy does not apply when you access third party websites. We cannot control how third parties may use Personal Information you disclose to them, so you should carefully review the privacy policy of any third party website you visit before using it or disclosing your Personal Information to its provider.

What About Children's Privacy?

Under Thirteen. The Website and the System are intended for users aged 13 and older only. Accordingly, we will not knowingly collect or use any Personal Information from children that we know to be under the age of 13. In addition, we will delete any information in our database that we know originates from a child under the age of 13. Prospective users between the ages of 13 and 17 can only use the Website under their parent's or legal guardian's supervision. If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your Personal Information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at embraceshoelacedesigns@gmail.com .

Can I Opt-Out From Receiving Communications From Embrace Shoelace Designs?

We provide you the opportunity to opt-out of having your Personal Information used for certain purposes. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us or promotional communications, you may opt-out of receiving them by emailing us at embraceshoelacedesigns@gmail.com If you need assistance you may contact us at embraceshoelacedesigns@gmail.com. If we disclose your Personal Information to a third party in a manner that is not set forth in this Privacy Policy you will be notified so that you can make an informed choice about sharing your Personal Information with that third party.

4.3 Training

User acknowledges that Embrace Shoelace Designs has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.

4.4 Modification of the Website

Embrace Shoelace Designs reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. Embrace Shoelace Designs shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.

5 Intellectual Property Rights

5.1 Reservation of title

user acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorization set out in clause 4.1. Embrace Shoelace Designs grants user a limited revocable license to access and use the Website and the service for its intended purposes, subject to users compliance with these Terms of Use. This license does not include the right to collect or use information contained on the Website for purposes prohibited by Embrace Shoelace Designs; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this license or if it breaches these Terms of Use, Embrace Shoelace Designs may revoke the license and deny access to and use of the Website.

5.2 Prohibition on infringement

User acknowledges and agrees that Embrace Shoelace Designs does not permit, authorize or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.

5.3 Derivative material

Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the services or functionality provided by the Website only (if applicable) as part of Embrace Shoelace Designs offering. If the user chooses to add any item to a public gallery, In consideration of the authorization granted under clause 4.1, User hereby grants to Embrace Shoelace Designs an irrevocable, perpetual, non-exclusive, world-wide license to do all acts and things (including to authorize other persons to do all acts and things) comprised within the said Intellectual Property Rights.

6. Registration (not currently applicable)

User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Embrace Shoelace Designs of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Embrace Shoelace Designs cannot and will not be liable for any loss or damage arising from your failure to comply with Section 6(not currently applicable).

7. Warranties

7.1 Users warranties

User represents and warrants Embrace Shoelace Designs that, in its use of the Website and the Services provided, it:

will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
will comply with all applicable laws, rules, and regulations.
User further represents and warrants Embrace Shoelace Designs that:
there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by Embrace Shoelace Designs. Embrace Shoelace Designs will not be required to make any payments or compensation to any person in connection with its use of such content; and
such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.

7.2 Embrace Shoelace Designs warranties represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.

7.3 Caveats Embrace Shoelace Designs provides the Website and Services on an "as is" and "as available" basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by Embrace Shoelace Designs that the functionality or operation of the Website and/or the services will:

1. be uninterrupted or free of errors and inaccuracies;
2. meet users requirements; or
3. operate in the configuration or with the hardware or software used by user.
User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
Embrace Shoelace Designs does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which Embrace Shoelace Designs is not liable.
Embrace Shoelace Designs does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.

7.4 Exclusion of implied warranties

SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY Embrace Shoelace Designs, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.

7.5 No representation or reliance

(a) User acknowledges that Embrace Shoelace Designs has not made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use.

(b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of Embrace Shoelace Designs, except for representations or inducements expressly set out in these Terms of Use.

8. Exclusion and Limitation of Liability

8.1 Subject to law

Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:

(a) implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or

(b) liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or

(d) liability for death or personal injury caused by the negligence of either party.

8.2 Exclusion of liability

Subject only to Clause 8.1, in no event shall Embrace Shoelace Designs be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or the services provided for:

(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:

any third party;
actions of user that were not expressly authorized by Embrace Shoelace Designs;
accident, misuse or abuse by anyone other than Embrace Shoelace Designs;
alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Embrace Shoelace Designs;
products (including any hardware or software) or services not licensed or supplied by Embrace Shoelace Designs;
power surge or failure,
events of force majeure or events outside Embrace Shoelace Designs actual control; or
any other condition not arising under normal operating conditions;

(b) any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;

(d) Subscribers liability to any person; or

(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Embrace Shoelace Designs has been advised of the possibility of any particular loss or damage.

8.3 Links

Embrace Shoelace Designs may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Embrace Shoelace Designs is not responsible for the operation of or content located on any such website, and Embrace Shoelace Designs cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Embrace Shoelace Designs for any damages or losses of any kind arising from the other website and/or the link.

8.4 Limitation of liability

Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, Embrace Shoelace Designs sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by user/Subscriber using the Website.

8.5 Indemnity User shall indemnify and hereby releases unconditionally Embrace Shoelace Designs, without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to: (a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by it of these Terms of Use; (c) the misuse or misappropriation of the said media or content; and (d) any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.

9. Termination

9.1 Termination

(a) At any time and with or without cause, Embrace Shoelace Designs may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the Website and/or the Services provided by Embrace Shoelace Designs. In no event shall any such termination or suspension by Embrace Shoelace Designs relieve user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.

(b) user may terminate these Terms of Use at any time by ceasing to enter the website and using the services

9.2 Effect of Termination

(a) On any expiry or termination of these Terms of Use, Embrace Shoelace Designs may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the Website and/or the Services provided and Embrace Shoelace Designs shall have no liability to user or any person for doing so.

(b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defense which shall have accrued or shall thereafter accrue to either party.

10. General

10.1 Severability

If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:

(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and

(b) it does not affect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.

10.2 Variation

Embrace Shoelace Designs may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user's continued access and use of the Website and the Services on or after such effective time constitutes the user's unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using the Website and the Embrace Shoelace Designs services.

10.3 Waiver

A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.

10.4 Assignment

(a) Embrace Shoelace Designs may at any time transfer, assign, or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (7) days notice in writing.

10.5 Governing Law and Jurisdiction

(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in the United States of America (without regard to its conflict of law rules).

(b) Each party irrevocably submits to the exclusive jurisdiction of The United States of America