Terms of Service

Effective Date: January 1, 2026

Last Updated: January 1, 2026

Introduction

This Terms of Service agreement (“Terms”) constitutes a legally binding agreement between you, personally or on behalf of another entity (“you”, “your”), and EM Levine (“we”, “us”, “our”) concerning your use and interaction with the website http://www.emlevine.com (the “Site”), as well as any other online services that link to these Terms and all content and/or related products that are owned, controlled, and operated by such (“Service”).

Please note that this agreement contains a binding Arbitration Agreement and Class Action Waiver that waive your right to a court hearing or jury trial, or to participate in a class action lawsuit. Arbitration is the mandatory remedy for any and all disputes unless specified here, or in the event that you opt out of these Terms. You must review this document in its entirety before accessing the Site or utilizing our Services.

We reserve the right to make changes to these Terms at any time in order to stay compliant with relevant laws and regulations. The date of the currently verified Terms is displayed prominently at the top of this Terms beneath the title. Any changes made to these Terms will take effect immediately after the posting of the new Terms. In the event of a change to these Terms, the updated version will be denoted as “Updated” in the title of these Terms. In the event of a change to these Terms that is of material interest to you, we may notify you either by the posting of such changes on this website or via email notification. You are encouraged to frequently review these Terms to stay up to date on rules and restrictions concerning the accessing of and usage of the Site and our Services. If you continue to Engage with our Services, you are indicating your agreement to the currently posted Terms.

If you have any questions or concerns about these Terms after reading them, please contact us via our Contact Form.

By accessing and using our Services, you agree that you have read, understood, and agreed to be bound by all of the Terms outlined in this agreement. If you DO NOT AGREE to these Terms, then you MUST IMMEDIATELY DISCONTINUE USE of any and all of our Services.

Please note that by using our Services, you must also consent to our data collection, usage, and disclosure agreement as outlined in our Privacy Policy. If you DO NOT AGREE to our Privacy Policy, then you MUST IMMEDIATELY DISCONTINUE USE of any and all of our Services.

1 - Content and Services

The Site and our Services contain and consist of materials, items, and content (“Content”) created by and pertaining to EM Levine. Such Content includes, but is not limited to:

  • Titles, chapters, names, text, script, layouts, information, source code, databases, data, files, graphics, audio, video, images, photography, pictures, designs, illustrations, URLs, software, aesthetics, articles, posts, comments, and all other forms of intellectual property.

  • trademarks, insignias, logos, service marks, trade identities, and all other forms of intellectual property.

This also includes any and all trademarks, insignias, logos, service marks, names, and trade identities contained herein (“Trademarks”).

Any and all right, title, and interest in our Content or Trademarks is the sole property of EM Levine and our licensed third party affiliates, and is protected by US and international copyright and trademark laws, as well as other intellectual property rights, unfair competition laws, and treaties in the US and worldwide to the fullest extent of the law. This Content and Trademarks are provided on the Site and through our Services in their current form solely for personal and non-commercial use.

We reserve the right to modify, alter, remove, discontinue, or delete any Content and Services at any time and for any reason without prior notification. We make no guarantee whatsoever that all Content and Services will be available at all times or indefinitely. We assume no liability to you or any third party for any such modification, alteration, removal, discontinuation, or deletion of Content or Services. This does not constitute an obligation on our part to update or to remove any Content or Services.

2 - Limited Use License

Subject to your full compliance with these Terms, including your strict adherence to the Usage Restrictions section given below, you are granted a limited, personal, non-exclusive, non-transferable, non-assignable, and revocable license by EM Levine to view, read, display, play, download, access, and print a copy of any portion of this Content from a personal computer, laptop, cell phone, tablet, or other internet-enabled device to which you have properly gained access as it appears solely for your own personal, non-commercial use. This limited use license does not in any way entitle you to ownership of any of this Content or intellectual property.

Barring an exception given in this section or elsewhere in these Terms, no part of this Content or our Services or Trademarks may be reproduced, copied, redistributed, licensed, sold, posted, translated, uploaded, encoded, encrypted, transmitted, or otherwise exploited for any commercial use whatsoever without the prior express written permission of EM Levine. The unauthorized use, distribution, or exploitation of this Content may violate copyright, trademark, privacy, and other laws and may result in your personal and/or criminal liability.

This limited use license is granted at the sole discretion of EM Levine and may be terminated or suspended at any time and for any reason, without advance notice or liability.

If you mean to make use of our Content, Services, or Trademarks beyond the restrictions set forth in this section, you must first address your request to us via our Contact Form. In the event that we decide to grant you the right to use, distribute, or exploit any part of this Content, our Services, or Trademarks, you must A) adequately and clearly identify EM Levine as the owner and/or licensor of said Content, Services, or Trademarks; B) ensure that any and all copyright or proprietary notices are clearly visible on the posting, reproduction, or display of said Content; C) ensure that no copyright or proprietary notice is obscured or diminished in any way such as to create doubt as to the ownership of the Content, Services, or Trademarks; and D) ensure that no part of the Content, Services, or Trademarks is altered, obscured, or diminished in such a way as to create doubt as to the originality and original ownership of the Content, Services, or Trademarks. We reserve all rights to deny such requests.

All rights not expressly granted to you by this agreement are reserved by EM Levine and our licensed third parties.

3 - Submissions

The Site does not allow for the submission or contribution of content by users of our Services except in certain circumstances. In these circumstances, we may permit you to provide us with content that may be contributed to the Site. Such content includes, but is not limited to: text, posts, comments, video, audio, photographs, graphics, artwork, suggestions, feedback, and/or other material (“Submissions”). The accepted forms of Submissions are included below:

  • Questions/comments/concerns submitted to us via our Contact Form.

  • Comments and/or feedback solicited by us directly from users to the Site, by either form notice, poll, or email communication.

  • Reviews of products displayed publicly on the Site.

Whenever you generate a Submission regarding our Content or Services, you agree to abide by all copyright and intellectual property rights as detailed in these Terms. You further agree that we shall be entitled to use your Submission and its contents for any lawful purpose without prior written consent from or compensation to you. You retain full ownership of any Submission you make through our Services and agree to release us from any and all liability relating to your Submissions provided through our Services. You accept sole responsibility for your own Submissions, statements, and representations through our Services and agree to the following provisions:

  • That you have read and agreed with these Terms as well as our Privacy Policy.

  • That your Submission is in compliance with these Terms and does not violate the Usage Restrictions section with regards to posting, sending, or publishing content that is in any way illegal, threatening, harmful, hateful, defamatory, derogatory, obscene, vulgar, explicit, inaccurate, false, misleading, misinforming, libelous, confidential, or would constitute any form of bullying, harm, or sexual harassment.

  • That your Submission does not link to materials that would violate any of the provisions in these Terms, the Usage Restrictions section, or our Privacy Policy.

  • That you certify that your Submission is your original creative work and that you have all rights, licences, privileges, and consents to grant us the above-mentioned rights to your Submission as dictated by these Terms.

  • That you have the express written consent of any and all identifiable individuals included in your Submission by name, likeness, or other identifier.

  • That your Submission does not constitute unsolicited advetising, promotion, marketing, spam, or any other form of solicitation or commercial purposing.

  • That your Submission may be viewable by other users of the Site, by third parties, and by third party websites.

  • That you will exonerate us from any and all liability and/or responsibility for your Submissions and that you will refrain from legal action against us with regard to your Submissions.

  • That you will reimburse us for any and all losses suffered as a result of any breach of these Terms or applicable law by any and all applicable Submissions.

Guidelines for Reviews

As stated above, we may provide you with the opportunity to leave reviews and/or ratings of our Services or products available on the Site. If you decide to submit a review, it should adhere to the following guidelines:

  • It should be your own firsthand experience of the Services or products to which it refers.

  • It should be of reasonable length and volume.

  • It should not contain any false or misleading information.

  • It should not contain any reference to a commercial advertisement, marketing, or solicitation.

  • It should not constitute a campaign to encourage others to post reviews, whether positive or negative.

  • It should not contain any offensive language including, but not limited to: profanity, vulgarity, offensive statements, abusive statements, hatefulness, violence, or discrimination based on race, gender, sex, religion, age, marital status, disability, or ethnicity.

  • It should not be affiliated with any competitor intending to post negative reviews.

  • It should not contain any reference to illegal activity or to the legality of conduct.

We reserve the sole right to make reviews public, reject reviews, or remove reviews once they have been posted. Submission of a review to us in no way constitutes an obligation to us to make it public. Furthermore we have no obligation whatsoever to remove or delete reviews based on third party objection. No review is endorsed or paid for by us in any way. The views and opinions of those who submit reviews are not necessarily those of us or our third party affiliates. We assume no liability for the claims of any review, nor for any losses or liability that is incurred as the consequence of a review.

By submitting a review to us, you grant us a full, perpetual, non-exclusive, royalty-free, assignable, global license to post, reproduce, redistribute, modify, translate, and transmit by any means all content contained within or relating to a review.

4 - Usage Restrictions

You are expressely prohibited from using our Services for any purpose other than the purpose for which we have made it available to you. Furthermore, you are expressely prohibited from using our Services in all of the following circumstances, in all of the following manners, and for all of the following purposes.

Minors

The Services provided by the Site are intended only for usage by individuals who are at least 18 years of age or older. Persons under the age of 18 (“minors”) may not use these Services without the express permission of a parent or guardian.

Commercial Use

You may not in any way utilize the Site or our Services for the purposes of generating revenue, engaging in commercial enterprise, or competing with us and our Services. You may not use the Site or our Services to market services and goods or to advertise without our express permission.

Non-Human Access/Use

You may not access or utilize our Services through non-human means, including bots, scripts, and AI. This includes using non-human means to post comments, send messages, write reviews, and/or gather data from the Site in any way.

Circumvention of Security

You may not in any way utilize our Services for the purposes of circumventing, avoiding, bypassing, or disabling any security measures imposed and employed by the Site or linked affiliate websites.

Illegal/Unauthorized Usage

You may not use our Services for any illegal, fraudulent, or unauthorized purpose, and your use of our Services must in no way violate any applicable law or regulation. Illegal/unauthorized usage includes: commercial, political, fraudulent, defamatory, disparaging, tarnishing, harming, offensive, sexually explicit, lewd, suggestive, violent, harassing, slanderous, libelous, intimidating, threatening, abusive, mocking, falsely representing, impersonating, invasive, harvesting information, modifying, altering, interfering, infringing, or in any other manner determined to be objectionable at the sole discretion of EM Levine.

Disruption of Services

You may not in any way upload, download, install, or transmit any virus, bug, Trojan horse, white rabit, cookies, pixels, or other material which will cause harmful interference with the secure administration and functionality of the Site or our Services. This includes the use of spamming or repetetive text, excessive capital lettering, graphic interchange formats (gifs), bots, data mining, data extraction tools, or any other object or method that results in disruption, impairment, alteration, undue burden, or other interference with the security, functionality, usage, and administration of the Site or our Services.

Misrepresentation

You may not provide any information that is false, untrue, deliberately misleading, deceitful, not current, or inaccurate in any way. This includes making false claims of abuse, misconduct, misrepresentation, or other illegal/unauthorized activities. You may also not impersonate another individual by appropriating the name, username, or identity of another individual without their consent. You may not transfer, sell, reassign, or in any other way redistribute your usage of our services to another unauthorized individual.

Data Collection

You may not in any way utilize our Services to compile, assemble, create, or in any way contribute to any sort of database, file, collection, compilation, directory, or catalog of persons or information.

Spam Emails

You may not in any way make any unauthorized collection of personal information stored on the Site, including names and emails, for the purposes of distributing unsolicited electronic communication.

Software Appropriation

You may not in any way copy, compile, disassemble, or reverse engineer any of the software, source code, HTML, JavaScript, PHP, or other coding that comprises any part of the Site or our Services.

Unauthorized Software

With the exception of standard search engines and/or internet browsers, you may not create, use, launch, or distribute any unauthorized or automated system which links to or accesses the Site, including links, bots, cheats, scripts, scrapers, spiders, offline readers, and any other unauthorized software.

Copyright Violation

You may not in any way delete, obscure, hide, or violate proprietary rights notices or copyright from the Site or from material downloaded, copied, transmitted, or taken in any other way from the Site, even with express consent.

Buying Agents

You may not under any circumstances utilize a buying agent to make purchases on the Site using our Services.

5 - Transactions and Payments

The purchase of products via our Services is managed by third party providers including our website host platform. Please review our Privacy Policy for further information regarding your rights when it comes to the collection and disclosure of your personal information.

Products

All products offered for sale on the Site are displayed ‘as is’ and ‘in current condition’. While all displays and advertisements have been carefully currated to provide the best visual representation of said products with regards to shape, color, features, and other details, we cannot guarantee that such representations will be wholly accurate or free of errors. All products are subject to availability and may be listed as Out of Stock permanently without prior notification. The right to discontinue, remove, restrict, or reprice products on the Site at any time and for any reason is solely reserved by EM Levine. If you have questions about a product or its availability, please fill out our Contact Form.

Payments

Transactions on the Site are handled by third party providers, including our website host platform. When shopping via our Services, you agree to provide accurate financial information for the completion of all transactions and authorize both us and our third party providers to charge your provided payment method. Applicable sales tax and shipping costs will be added to the price of all purchases upon checkout. Prices for products may change at any time. All payments shall be made in US Dollars (USD).

You are solely responsible for keeping your payment, billing, and shipping information accurate and up to date. We are not responsible in any way for lost shipments or errors in accounting that are the result of inaccurately provided information. You agree to pay all costs accrued by your purchases and to pay any applicable shipping fees.

We reserve all rights to deny and/or cancel any order placed through our Services. We reserve the all rights to alter the prices of products at any time, to restrict quantities of products, and to declare products Out of Stock. Any orders that are deemed to have been placed by scalpers, resellers, or other forms of illegitimate distributors will be canceled and reported.

Dispute Resolution

If you believe that an error has occurred that was not the result of inaccurately provided information, or you wish to dispute a decision made by us regarding an order, you agree to contact us promptly via our Contact Form so that the issue can be expediently resolved.

6 - Return/Refund Policy

This section constitutes our Return/Refund Policy. If you are not satisfied with an order placed through our Services, we will accept both returns and requests for a refund under the following terms and conditions:

  • The product remains in its original sealed packaging in a ‘new’, ‘unused’, and ‘saleable’ condition.

  • ‘Original sealed packaging’ does not apply to the box in which the product was shipped.

Orders placed through our Services may be refunded under the following circumstances:

  • Order cancelations processed before an order is shipped will be refunded in full.

  • Order cancelations processed after an order has been shipped will be refunded in full, minus the cost of shipping.

To request a return, refund, or to dispute an illegitimate order, please fill out our Contact Form with an explanation and our team will get back to you as quickly as possible.

7 - Third Party Affiliates

Our Services may contain content from and links to websites, platforms, content, and services owned and operated by third party affiliates, including our website host platform. We may also employ and utilize third party technologies and/or services in the Site and in our Services, such as third party payment providers. These third parties are not monitored, controlled, or managed by us. As such, we assume no liability whatsoever for information, content, products, technologies, services, statements, applications, videos, audio, accuracy, offensiveness, opinions, privacy practices, or any other policies of third party affiliates. We do not necessarily endorse or approve of any third party affiliate. If you choose to access, transact with, interact with, or otherwise engage with any third party affiliate, you do so solely at your own risk. You agree to hold us blameless for any harm or losses sustained by you through interaction with third party affiliates. When you interact with a third party affiliate, you should carefully review their own Terms and Conditions, as well as any third party Privacy Policy that may be in effect. For more information on how we manage our interactions with our third party affiliates, and how your information is shared with third party affiliates, please review our Privacy Policy.

8 - Service Administration

We reserve the right, but no obligation, to monitor, administer, and manage the Site and our Services to the best of our ability in our sole discretion and without limitation or notice. Such administration may include the following:

  • Monitor violations of these Terms.

  • Take appropriate legal action against violators, including reporting violations to the appropriate law enforcement.

  • Refuse, restrict, delete, or omit any Submissions.

  • Remove, disable, or delete any and all files that are associated with the Site.

  • Take action to protect the rights, property, and privacy of our users.

  • Facilitate the proper administration of the Site and our Services to ensure functionality.

9 - Termination of Services

These Terms shall be considered legal and in effect so long as you utilize our Services. We reserve all rights to deny access and Services to any person for any reason, including for no reason at all, at our sole discretion, without being in breach of these Terms or any applicable laws, statutes, or regulations. Furthermore, your use of our Services may be terminated at any time and for any reason, including for no reason at all, at our sole discretion, including the deletion of any Submissions or information provided to us, without prior notification. If we terminate or in any other way restrict your usage of our Services, we also reserve the right to take any and all appropriate legal action, including reporting to the appropriate law enforcement and pursuing civil or criminal redress. This provision does not in any way constitute a limitation to any other provision of these Terms.

10 - Privacy Policy

For more information about how we manage, collect, store, and potentially disclose your personal information and date, please carefully review our Privacy Policy. By using our Services, you agree not only to these Terms, but also to our Privacy Policy, which is included in these Terms in full and as it stands. Access of and use of our Services is subject to our Privacy Policy at all times, in addition to applicable national and international laws, statutes, and regulations.

11 - Governing Law

These Terms and all use of our Services is governed in accordance with the appropriate laws, statutes, and regulations of the United States of America and the State of Texas, with the exclusion of its conflict of law provisions.

12 - Revisions

There may be information on the Site or within our Services that includes inaccuracies, errors, and omissions. We reserve the right to correct and amend any subsequently discovered inaccuracies, errors, and omissions. Such revisions to the Site or our Services may be condicted at any time without prior notification.

13 - Electronic Signatures

Our Services utilize electronic communications and transactions. By using our Services, you agree to receive electronic communications from us, including notices and contracts, and to the use of electronic signatures to be completed via our Services. You waive any and all rights to an original signature or non-electronic records, or to payments by any means other than electronic means.

14 - California Residents

If a complaint or dispute is not resolved adequately, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

  • 1625 North Market Blvd., Ste N 112, Sacramento, California 95834

  • (800) 952-5210

  • (916) 445-1254

15 - Dispute Resolution

PLEASE REVIEW THIS SECTION CAREFULLY. IT CONTAINS SIGNIFICANT INFORMATION REGARDING YOUR LEGAL RIGHTS TO DISPUTE RESOLUTION, INCLUDING YOUR RIGHT TO A TRIAL BY JURY. THIS AGREEMENT IS INTENDED TO BE BROADLY INTERPRETED.

Dispute Resolution Summary

You and EM Levine agree that any dispute resulting from your usage of our Services, visit to the Site, or in any other manner related to these Terms (“Dispute/s”) shall be resolved through a small claims court via a confidential, binding arbitration governed exclusively by the laws of the State of Texas, with the exclusion of its conflict of law provisions.

Binding Arbitration

If involved parties are unable to resolve any Dispute through informal negotiations, the Dispute will be resolved through confidential, binding arbitration, conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and the Supplementary Procedures for Consumer Related Disputes (Consumer Rules) where applicable. Both of these are available for review at the American Arbitration Association website. In order to pursue arbitration or file a claim in small claims court, you must first provide a written Notice to EM Levine. The Notice must be emailed to emlevine@gmail.com and include the claimant’s identifying information (name, address, email), a full description of the claim or dispute, all relevant information to the dispute, a full description of the releif sought by the claimant, and a signed statement from the claimant confirming the accuracy of all provided information. Thereafter, a good faith effort to resolve the Dispute between the concerned parties, including counsel if necessary, must be undertaken up to a period of 60 days. If the Dispute is not resolved in that time, arbitration may be commenced by the submission of a written demand signed by the initiating party, and counsel if necessary.

The assigned arbitrator will agree to comply with and be subject to all applicable laws. The arbitrator will conduct the arbitration either in person, by phone, online, or via the submission of mailed documentation. Unless otherwise agreed, any arbitration hearings will take place in the county or parish of the complainant’s billing address. All decisions will be made in writing. No statement of reasons will be provided unless requested by either party. Once the arbitrator has reached a decision, that decision is binding solely between you and EM Levine and will have no effect in any other arbitration proceedings involving a different party. Once the arbitrator’s decision has been fully satisfied, it shall not be entered into any court.

The arbitrator may assess any remedy or relief, including the awarding of attorney’s fees, in accordance with applicable law. Unless otherwise specified by applicable law, all parties agree to pay their own attorney’s fees and costs unless the arbitrator determines otherwise. If the cost of arbitration is determined to be excessive by the arbitrator according to applicable law, we agree to pay all arbitration fees and expenses.

You and EM Levine agree that any counsel will certify prior to engaging in arbitration proceedings that they will comply with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or releif sought by the complainant is neither frivolous nor brought for improper purpose. The arbitrator shall have the right to impose sanctions against all represented parties, including counsel.

If a Dispute proceeds to court rather than arbitration, the Dispute shall be commenced in the state and county or parish of the complainant’s billing address. All associated parties hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in state and federal courts.

In no event shall any Dispute be brought by either party related to our Services more than one (1) year after the cause of such action occurred.

If any portion of this provision is subsequently found to be illegal or unenforceable, then neither party will arbitrate any Dispute within the portion found to be illegal or unenforeable. That Dispute will be decided by an appropriate court, and both parties agree to submit to the ruling of that court.

Class Action Waiver

To the fullest extent of the law, you and EM Levine agree that any and all disputes shall be resolved by arbitration, other than those filed in a small claims court.

The following Disputes shall not be subject to arbitration:

  • Disputes that seek to enforce or protect the intellectual property rights of a party, including copyright, trademarks, patents, or service marks.

  • Disputes that are related to allegations of theft, piracy, violation of privacy, or unauthorized use.

  • Disputes that are related to legal action by EM Levine against a non-consumer.

  • Claims for injunctive relief.

In the event of such a dispute, you and EM Levine agree that each party may bring claims against the other only in an individual capacity and not in the context of a class action, except in the context of a parent, guardian, or ward of a minor or other individual incapable of bringing their own individual claim. You agree to not participate in any representative action in a class-wide capacity, including bringing or joining such claims.

You and EM Levine hereby waive any right to a trial by jury.

By reading these Terms, you understand that you would otherwise have rights including a trial by jury, litigation in court, or to be party to a class or representative action and have waived those rights in accordance with these Terms. You agree to settle any claims individually through either arbitration or small claims court.

The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this provision.

This agreement shall survive the termination of these Terms.

16 - Miscellaneous

These Terms constitute the entire agreement between you and EM Levine. Failure to enforce any provision of these Terms does not constitute a waiver of such provisions. Any or all of our rights and obligations under these Terms may be assigned to others at any time. We assume no liability whatsoever for any loss, harm, damage, injury, delay, or failure of action that is outside of our reasonable control. Agreeing to these terms does not in any way constitute a joint venture, partnership, or employment by us. These Terms shall not be construed against us by virtue of having drafted them. You hereby waive any and all defense you may have based on the electronic form of these Terms and the lack of signing by any party to these Terms. These Terms shall operate to the fullest extent of the law.

17 - How to Contact Us

If you have additional questions about your rights as explained in these Terms, if you have trouble accessing these Terms, or if you have questions regarding these Terms, please contact us using the following methods:

  • By email: contact@emlevine.com

  • By contact form: Contact Form

  • By mail: 13423 Blanco Rd #3117, San Antonio, TX 78216