Terms and Conditions

DEFINITIONS:

In this Agreement:

"TeG" shall mean, eMerchandise, eMerchandise.com, and eMarket Group, Ltd, an Oregon corporation.

"Customer" shall mean anyone who orders from this site, submits a credit card number on this site for themselves or others, authorizes an order to be placed on their behalf, or otherwise uses this site. Customer means you.

While this is the specific legalese for our agreement, all of the promises, representations, limitations and conditions listed or described throughout the site are part of any agreement between Customer and TeG.

Venue:

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Oregon. TeG and Customer agree that should litigation occur, venue shall be solely in Multnomah County, State of Oregon.

Arbitration and Litigation:

Any disputes under this Agreement shall be determined by binding arbitration. If the parties cannot agree on an arbiter, each party shall choose one arbiter, those two arbiters shall mutually choose a third arbiter. The dispute will be resolved by that three arbiter panel using the rules agreed upon by that three arbiter panel. The prevailing party in any such arbitration shall be entitled to receive from the other party the costs of such arbitration, including reasonable attorney fees. In the event it is necessary to enforce the terms of this contract or that arbitration, in a court of law or equity the prevailing party shall be entitled to reimbursement of its reasonable costs and fees, including attorney's fees, even if no case is filed, or at trial, and on appeal.

Severability:

If any provision of this Agreement shall be found invalid, illegal or unenforceable, in whole or in part, neither the validity of the remaining part of such provisions nor the validity of any other provision shall be in any way affected and shall be given full force and effect.

Liability & Warranties

TeG's liability is limited to the retail price of the item purchased. TeG is not liable for consequential or incidental damages, even if TeG has been informed of the circumstances. TeG does not make any warranties of merchantability, or fitness for a particular purpose, express or implied.

TeG reserves the right to limit quantities, or to refuse to sell items if those items have been listed with incorrect price, description, or material information.

Waiver:

Any failure by any party to enforce any provision hereof shall not in any way affect the subsequent right of such party to enforce such provision or any other provision.

No Returns:

No Returns will be allowed on "BLOWOUT" sale items, "SPECIAL" orders, or on wholesale orders without prior approval. For more information, see our return policy.

Permissions Customer Grants TeG:

Under these terms and conditions Customer gives TeG permission to charge Customer's credit card for merchandise shipped or services performed consistent with Customer's order, share Customer's information as necessary to process Customer's order, contact Customer about Customer's order and contact Customer to follow up with Customer after Customer's order.