Terms and Conditions

Effective Date: February 13, 2024
Last Updated: October 1, 2026

These Terms and Conditions (“Terms”) govern your use of https://emmabrody.com (the “Site”) and any purchases made through the Site. Emma & Brody is owned and operated by Jaxco Industries, Inc. (“Emma & Brody,” “Jaxco Industries,” “we,” “us,” or “our”).

Please read these Terms carefully before using the Site. By accessing the Site, creating an account, or placing an order, you agree to be bound by these Terms and applicable law. If you do not agree to these Terms, please do not use the Site.

1. Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms.

You may not:

Use the Site in violation of any applicable law or regulation
Attempt to gain unauthorized access to the Site, customer accounts, systems, or networks
Interfere with the operation, security, or performance of the Site
Use automated tools to scrape, copy, or extract Site content without authorization
Upload or transmit malicious code, viruses, or other harmful material
Impersonate another person or misrepresent your identity or affiliation
Use the Site to engage in fraudulent, abusive, threatening, defamatory, obscene, or otherwise unlawful activity

We reserve the right to restrict or terminate access to the Site if we reasonably believe these Terms have been violated.

2. Accounts

You may browse and purchase from the Site without creating an account unless an account is required for a particular feature.

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for activity that occurs through your account. You agree to provide accurate and current information and to notify us if you believe your account has been accessed without authorization.

3. Orders and Order Acceptance

Placing an order through the Site constitutes an offer to purchase the products included in your order. Receipt of an order confirmation does not necessarily constitute our final acceptance of the order.

We reserve the right to refuse, limit, or cancel an order before fulfillment when reasonably necessary, including in cases involving:

Product or inventory availability
Incorrect pricing or product information
Payment authorization issues
Suspected fraud or unauthorized transactions
Errors affecting personalization or product configuration
Violations of these Terms

If we cancel an order after payment has been collected, we will issue an appropriate refund to the original payment method.

4. Product Information and Availability

We make reasonable efforts to provide accurate product descriptions, images, measurements, pricing, availability, and other product information.

Product colors and appearance may vary based on lighting, photography, display settings, manufacturing variations, materials, or other factors. For products made with natural materials, variations in color, grain, texture, knots, or other natural characteristics may occur.

Product availability is subject to change without notice. We do not guarantee that all products displayed on the Site will remain available.

5. Personalized and Customized Products

Some Emma & Brody products may be personalized or customized using names, initials, text, photographs, images, designs, or other content submitted by you.

You are responsible for reviewing all information submitted for personalization, including spelling, capitalization, dates, names, initials, image selection, and other customization details before completing your order.

Product previews are intended to help illustrate customization and placement. Actual appearance may vary based on the product, material, production process, screen display, or other manufacturing considerations.

By uploading or submitting text, photographs, images, designs, or other content for use on a customized product, you represent that:

You have the right to use and submit that content
The content does not infringe another person’s copyright, trademark, privacy, publicity, or other rights
The content does not violate applicable law

You grant us and our production partners permission to use the submitted content as reasonably necessary to create, process, fulfill, and support your order.

We reserve the right to decline personalization content that we reasonably believe is unlawful, infringing, abusive, threatening, obscene, or otherwise inappropriate.

6. Pricing and Payment

Prices displayed on the Site are listed in U.S. dollars unless otherwise indicated.

Applicable taxes, shipping charges, discounts, and other charges will be calculated or displayed during checkout where applicable.

Payment information is processed through third-party payment providers. By submitting payment information, you represent that you are authorized to use the payment method provided.

7. Pricing and Product Errors

We make reasonable efforts to ensure that pricing, product descriptions, promotions, availability, and other Site information are accurate. However, errors may occasionally occur.

If a product, promotion, discount, shipping charge, or other offer is displayed incorrectly due to a typographical, technical, system, or other error, we reserve the right to correct the error and, where permitted by law, refuse or cancel affected orders.

If payment has already been collected for an order that we cancel because of an error, we will issue an appropriate refund to the original payment method.

8. Promotions, Coupons, and Discounts

Promotions, coupon codes, discounts, gifts, and other special offers may be subject to additional terms, including eligibility requirements, expiration dates, product exclusions, minimum purchase amounts, or restrictions on combining offers.

Unless otherwise stated, promotional offers have no cash value and may not be applied to prior purchases.

We reserve the right to modify, suspend, or end a promotion where permitted by law, including in cases of error, misuse, fraud, or circumstances that affect the intended operation of the promotion.

9. Shipping and Delivery

Shipping methods, rates, estimated delivery information, and other shipping terms are described in our Shipping & Returns Policy.

Delivery estimates are estimates only and may be affected by carrier delays, weather, holidays, order volume, product customization, address issues, or other circumstances beyond our reasonable control.

You are responsible for providing an accurate and complete shipping address. Please contact us promptly if you discover an address error.

10. Returns, Refunds, and Exchanges

Eligibility for returns, refunds, exchanges, replacements, and claims involving damaged or incorrect products is governed by our Shipping & Returns Policy.

Certain customized, personalized, final-sale, or otherwise designated products may be subject to different return or exchange terms as described in that policy or on the applicable product page.

11. Intellectual Property

Unless otherwise indicated, the Site and its contents, including text, graphics, product photography, logos, icons, designs, software, code, page layouts, and other materials, are owned by or licensed to Jaxco Industries, Inc. and are protected by applicable copyright, trademark, and other intellectual property laws.

You may view, download, or print limited portions of the Site solely for your personal, non-commercial use or for purposes related to placing an order with us.

You may not reproduce, distribute, modify, publicly display, transmit, republish, commercially exploit, or create derivative works from Site content without our prior written permission, except as permitted by applicable law.

12. Trademarks

Emma & Brody, Jaxco Industries, and other trademarks, service marks, logos, trade names, product names, and branding displayed on the Site are the property of their respective owners.

Nothing on the Site grants any license or right to use a trademark or other protected brand asset without the applicable owner’s prior authorization.

13. User-Submitted Content

If the Site allows you to submit reviews, photographs, comments, feedback, or other content for publication, you remain responsible for the content you submit.

You may not submit content that:

Infringes intellectual property, privacy, publicity, or other rights
Contains unlawful, threatening, abusive, obscene, defamatory, or misleading material
Contains malware, malicious code, or harmful material
Misrepresents your identity, experience, or relationship with another person or business

We reserve the right to remove or decline user-submitted content that violates these Terms or applicable law.

14. Third-Party Links and Services

The Site may contain links to or integrations with third-party websites, applications, payment providers, social platforms, or other services.

Third-party services operate under their own terms, privacy policies, and practices. We are not responsible for the availability, security, accuracy, content, or practices of third-party websites or services.

15. Privacy and Cookies

Our collection and use of personal information are described in our Privacy Policy.

Information about cookies and similar technologies is also available through our Cookie Policy and the website data collection preference controls available on the Site.

Marketing communications are subject to the choices and consent options presented when you subscribe. You may unsubscribe from marketing emails using the unsubscribe link provided in those messages.

16. Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, JAXCO INDUSTRIES, INC. DISCLAIMS IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED.

CERTAIN WARRANTIES OR CONSUMER RIGHTS MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN THOSE CASES, THE ABOVE LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JAXCO INDUSTRIES, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. WHERE SUCH LIMITATIONS ARE PROHIBITED, THEY WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

18. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Jaxco Industries, Inc. and its officers, directors, employees, agents, licensors, suppliers, and service providers from claims, losses, liabilities, damages, costs, and reasonable attorneys’ fees arising from:

Your violation of these Terms
Your misuse of the Site
Content you submit through the Site
Your violation of another person’s rights
Unauthorized or unlawful activity conducted through your account

19. Suspension and Termination

We may suspend or terminate access to the Site or certain Site features when reasonably necessary to protect the Site, our customers, our business, or other users, or when we believe these Terms have been violated.

Provisions that by their nature should survive termination, including intellectual property, disclaimers, limitations of liability, indemnification, and governing law provisions, will remain in effect after termination.

20. Governing Law

These Terms and your use of the Site are governed by the laws of the State of South Carolina, United States, without regard to conflict-of-law principles, except where applicable law requires otherwise.

To the extent permitted by applicable law, disputes arising directly from these Terms or use of the Site will be subject to the jurisdiction of appropriate state or federal courts located in South Carolina.

21. Changes to These Terms

We may update these Terms from time to time to reflect changes in our business, Site features, policies, technologies, or applicable requirements.

When these Terms are revised, we will post the updated version on this page and update the “Last Updated” date above.

Your continued use of the Site after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

22. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.

23. No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

24. Contact Us

If you have questions about these Terms and Conditions, please contact us:

Emma & Brody
Operated by Jaxco Industries, Inc.
https://emmabrody.com/contact-us/
Email: custserv@emmabrody.com