Welcome to The Key West EmPOURium's website (the “Site”), operated by Key West Emporium LLC, a Florida limited liability company (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of this website and any content, features, services, and/or products offered through the Site located at www.empourium.com and all associated domains linked to www.empouriumkeywest.com by the Key West EmPOURium, its subsidiaries and affiliates.

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By accessing or using this Site, you agree to comply with and be bound by these Terms. If you do not agree, please do not use this Site.

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Eligibility

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This Site is intended for use by individuals who are at least 18 years old. By using the Site, you represent that you are at least 18 or accessing the Site under the supervision of a parent or legal guardian.

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Use of the Website

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You agree to use this Site for lawful purposes only. You may not:

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• Use the Site for any unlawful or fraudulent purpose

• Attempt to gain unauthorized access to any portion of the Site or systems connected to the Site

• Interfere with the Site’s operation or with other users’ use of the Site

• Use the Site to transmit viruses, malware, or harmful code

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We reserve the right to suspend or terminate access to the Site for any user who violates these Terms.

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 Intellectual Property

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All content on this Site — including but not limited to text, images, logos, graphics, videos, icons, and software — is the property of Key West Emporium, LLC or its licensors and is protected by U.S. and international copyright, trademark, and intellectual property laws.

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You may not reproduce, distribute, modify, transmit, display, or otherwise use the content without our express written permission.

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Online Ordering & Gift Cards

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If available, online ordering or gift card purchases are subject to the following:

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• Gift cards sold through our website are for in-person redemption only, unless otherwise stated.

• Digital gift cards may not be redeemed for cash and are non-refundable unless required by law.

• We reserve the right to refuse service, cancel orders, or limit quantities at our sole discretion.

 

User Submissions

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If you submit content (e.g., reviews, feedback, photos), you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, display, and reproduce that content for promotional or other purposes, in accordance with applicable law.

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You agree not to submit anything:

• False or misleading

• Offensive, obscene, or abusive

• Infringing on the rights of others

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We reserve the right to remove or refuse any user content at our discretion.

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Links to Third-Party Sites

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This Site may contain links to third-party websites (e.g., social media, delivery platforms). We are not responsible for the content, policies, or practices of those websites. Accessing them is at your own risk.

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Disclaimer of Warranties

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This Site and all content, services, and products provided through it are offered “as is” and “as available.”

We do not warrant that:

• The Site will be uninterrupted, secure, or virus, malware, or error-free

• The information provided is complete, accurate, or current

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To the fullest extent permitted by law, we disclaim all warranties, express or implied.

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Limitation of Liability

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To the extent permitted by law, Key West Emporium, LLC, its owners, employees, or affiliates shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from:

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• Use or inability to use the Site

• Errors or omissions in content

• Any unauthorized access or use of our servers or data

• Any other claims

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Your sole remedy for dissatisfaction is to stop using the Site.

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Indemnification

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You agree to indemnify and hold harmless [Key West Emporium, LLC] and its officers, employees, and agents from any claims, liabilities, damages, or costs arising from your violation of these Terms or your misuse of the Site.

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Privacy

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Your use of the Site is also governed by our Privacy Policy, which describes how we collect and use your information.

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Changes to the Terms

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We reserve the right to modify these Terms at any time.  Continued use of the Site after such changes constitutes your acceptance of the new Terms.

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Governing Law

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These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes will be resolved in the appropriate courts located in Los Angeles County, California, unless preempted by federal or Florida law.