These Terms and Conditions ("Terms") govern your access to and use of the website located at https://www.ember-vine.com (the "Site"), including any content, functionality, and services offered on or through the Site, as well as your interactions with our linked services for reservations, online ordering, and shopping. The Site is operated by Ember & Vine ("we," "us," "our," or the "Company"), located in Spring, Texas.
 
Please read these Terms carefully before using the Site. By accessing, browsing, or using the Site, making a reservation, placing an order, or making a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and Cookies Policy (incorporated herein by reference). If you do not agree to these Terms, do not access or use the Site or our linked services.

These Terms apply to all visitors, users, guests, and others who access or use the Site.

1. About Ember & Vine and Our Services

Ember & Vine is an upscale restaurant, bar, and premium cigar lounge located at 23931 Gosling Rd, Spring, TX 77389. We offer refined dining experiences, expertly crafted cocktails, an extensive wine list, a welcoming patio bar lounge, and a sophisticated cigar lounge for guests 21 years of age and older.

Our Site provides information about our venue, menus, events, and experiences. It also links to or integrates with third-party platforms for specific services:
Reservations: Powered by OpenTable.
Online Food & Beverage Ordering: Powered by Toast (menu viewing and ordering at toasttab.com/local/order/ember-vine or similar).
Online Store (Cigars & Merchandise): Powered by Shopify at shop.ember-vine.com ("Store").

Your use of these third-party services is subject to their respective terms of service and privacy policies in addition to these Terms. We are not responsible for the content, practices, availability, or transactions on those platforms.

2. Eligibility and Age Restrictions

You must be at least 18 years of age to access and use the Site generally. However, because we are a restaurant and bar serving alcohol and operate a premium cigar lounge selling and allowing consumption of tobacco products, you must be at least 21 years of age (with valid government-issued photo identification) to:
- Enter or use the cigar lounge or patio bar areas on premises.
- Purchase or consume alcoholic beverages or tobacco products (cigars) on our premises or through our online Store.
- Place orders that include alcohol (if offered via Toast) or any tobacco products via the Store.

By using the Site, making reservations, placing orders, or shopping in the Store, you represent and warrant that:
- You are at least the minimum age required for the specific activity or transaction.
- You will provide valid photo ID proving your age upon request (on premises or for age verification in online tobacco sales).
- All information you provide is accurate, current, and complete.

We reserve the right to refuse service, entry, reservations, orders, or sales to anyone who cannot or will not provide satisfactory proof of age 21+ or who violates these Terms or applicable law. Online tobacco product sales are conducted in compliance with the Prevent All Cigarette Trafficking (PACT) Act, FDA regulations, and applicable state and local laws. We may use third-party age verification services in the Store and may cancel any order that fails verification or violates shipping restrictions.

Minors (under 21) are not permitted in the cigar lounge or bar areas and may only dine in designated family-friendly areas (if any) accompanied by a parent or legal guardian. We do not knowingly allow minors to access age-restricted content or features on the Site.

3. Intellectual Property Rights

All content on the Site and in the Store, including but not limited to text, graphics, logos, images (including food, drink, and cigar photography), menu descriptions, videos, audio, software, design elements, and the overall look and feel ("Content"), is the exclusive property of Ember & Vine or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The "Ember & Vine" name, logo, and related marks are trademarks or service marks of Ember & Vine. You may not use them without our prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content for personal, non-commercial purposes only, subject to these Terms. You may not:
- Copy, reproduce, distribute, modify, create derivative works of, publicly display, or exploit any Content without our express written consent.
- Use any automated means (scraping, bots, crawlers) to access or collect Content or data from the Site or Store.
- Remove or alter any copyright, trademark, or other proprietary notices.

Any unauthorized use may violate copyright, trademark, and other laws and could result in civil or criminal penalties.

4. User Conduct and Prohibited Uses

You agree not to use the Site, Store, or linked services in any way that:
- Violates any applicable federal, state, local, or international law or regulation (including tobacco, alcohol, and data privacy laws).
- Impersonates or attempts to impersonate Ember & Vine, our employees, another user, or any other person or entity.- Engages in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which may harm Ember & Vine or users of the Site.
- Introduces viruses, malware, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempts to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, servers, or networks.
- Uses the Site for any commercial solicitation, advertising, or spamming purposes without our prior written consent.
- Frames or mirrors any portion of the Site without our express permission.
- Otherwise attempts to interfere with the proper working of the Site or Store.

We reserve the right to terminate or suspend your access immediately, without prior notice or liability, for any breach of these Terms or for any other reason we deem appropriate.

5. Third-Party Links, Services, and Platforms

The Site contains links to third-party websites and services, including but not limited to:
- OpenTable for reservations.
- Toast for online ordering and menus.
- Shopify-powered Store (shop.ember-vine.com) for cigars and merchandise.
- Social media platforms, review sites, or other partners.

These links are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, privacy practices, terms, availability, accuracy, or any transactions on these third-party sites or services. Your use of any linked service is entirely at your own risk and is subject to the terms and privacy policies of that third party.

We strongly encourage you to review the terms of service and privacy policies of OpenTable, Toast, and Shopify before using their platforms. Examples:
- Toast terms and privacy: Available on toasttab.com
- OpenTable: Available on opentable.com
- Shopify: https://www.shopify.com/legal/terms

We are not liable for any loss or damage arising from your use of or reliance on any third-party content, products, or services.

6. Reservations (via OpenTable)

Reservations for dining or lounge experiences are made through our integration with or link to OpenTable. By making a reservation:
- You agree to OpenTable's terms and policies, including any cancellation, no-show, or modification policies.
- We will use reasonable efforts to honor reservations but do not guarantee availability of specific tables, times, or experiences (e.g., patio or cigar lounge seating). Special requests are noted but not guaranteed.
- You are responsible for arriving on time. Late arrivals or no-shows may result in forfeiture of the reservation or fees per OpenTable or our policies.
- We reserve the right to cancel or modify reservations due to operational needs, private events, or unforeseen circumstances, with reasonable notice where possible.

For the most current reservation policies or large parties/private events, please contact us directly at +1 346 672 4666 or reimagine@ember-vine.com.

7. Online Ordering (via Toast)

Online ordering for food, beverages, and related items is facilitated through Toast. By placing an order:
- You agree to Toast's terms of service and any applicable ordering policies displayed at checkout.
- All menu items, prices, descriptions, and availability are subject to change without notice. We make reasonable efforts to ensure accuracy but are not responsible for errors, omissions, or temporary unavailability.
- Payment is processed securely through Toast or its authorized payment processors. You authorize us/Toast to charge your provided payment method.
- Orders are prepared for pickup or delivery (if offered) at the times and locations specified. We are not responsible for delays caused by third-party delivery services (if used) or circumstances beyond our reasonable control.
- Once an order is confirmed and preparation begins, cancellations may not be possible. Refunds or credits are at our sole discretion, subject to Toast policies and applicable law.
- You are responsible for providing accurate contact and delivery/pickup information.

Alcohol may or may not be available for online ordering depending on current offerings and regulations; any alcohol service is subject to age verification and responsible service policies on premises or as required.

8. Purchases from the Online Store (Shopify – Cigars, Merchandise, and Other Goods)

Purchases of cigars, cigar accessories, merchandise, and other goods are made through our Shopify-powered Store at shop.ember-vine.com. By placing an order in the Store:
- You agree to Shopify's Terms of Service (https://www.shopify.com/legal/terms) and our specific product terms.
- All product descriptions, images, prices, and availability are subject to change. We strive for accuracy but do not warrant that descriptions or images are error-free or that products will always be in stock.
Age Verification for Tobacco Products: You represent and warrant that you are 21 years of age or older. We reserve the right (and may be legally required) to verify your age before processing or shipping any order containing cigars or tobacco products. This may involve third-party age verification services, ID upload, or other reasonable methods. Orders that cannot be verified or that violate age or shipping laws will be cancelled, and you will be notified.
Shipping and Compliance: We comply with all applicable federal and state laws regarding the sale and shipment of tobacco products, including the PACT Act. Tobacco products cannot be shipped to certain states or addresses where prohibited. You are responsible for ensuring the shipping address complies with all laws. Title and risk of loss pass to you upon delivery to the carrier. Shipping times and costs are as displayed at checkout or in our shipping policy (if posted in the Store).
Returns and Refunds: Returns are accepted only for defective or damaged items (not for change of mind on cigars or personalized items, due to health and hygiene reasons). Contact us promptly with photos and details. Refunds, if approved, will be processed to the original payment method within a reasonable time (typically 5–14 business days after receipt of return). Store credit may be offered at our discretion.
- Payment is processed securely via Shopify's payment gateways. You authorize the charge.
- We may refuse or cancel any order for any reason, including suspected fraud, violation of these Terms, unavailability, pricing errors, or legal restrictions, with notification and refund of any payment received.

Gift cards, subscriptions (if offered), or promotional codes are subject to additional terms displayed at purchase or in the Store.

9. Disclaimers and No Warranties

THE SITE, STORE, CONTENT, AND ALL SERVICES (INCLUDING RESERVATIONS, ORDERS, AND PURCHASES) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR ACCURATE.

We do not warrant the accuracy, completeness, or usefulness of any information on the Site (e.g., menu items, hours of operation, event details, product descriptions). Such information is subject to change. Always call +1 346 672 4666 to confirm current offerings, hours, or availability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE, STORE, OR LINKED SERVICES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, STORE, OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).  
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification

You agree to defend, indemnify, and hold harmless Ember & Vine, its owners, officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of (or inability to use) the Site, Store, or linked services.
- Your violation of these Terms or any applicable law.
- Your violation of any third-party right (including intellectual property or privacy rights).
- Any content or information you submit or transmit through the Site.- Any age misrepresentation or prohibited conduct related to alcohol or tobacco.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Site.

12. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or relating to them or the Site shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Harris County, Texas (or Montgomery County, Texas, as applicable), and you hereby irrevocably consent to the personal jurisdiction and venue therein.

Informal Resolution: Before filing a claim, you agree to first contact us at reimagine@ember-vine.com to attempt to resolve the dispute informally. If we cannot resolve it within 30 days, either party may pursue formal remedies.

Arbitration (Optional): At our discretion or if mutually agreed, disputes may be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, held in Harris County, Texas. The arbitration shall be conducted on an individual basis; class actions or consolidated proceedings are not permitted.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or prevent irreparable harm.

13. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will provide notice by updating the "Last Updated" date, posting a notice on the Site, or sending an email to subscribers or affected users (where we have contact information). Your continued use of the Site or services after any changes constitutes your acceptance of the revised Terms.

It is your responsibility to review these Terms periodically.

14. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and Ember & Vine regarding the Site and supersede all prior agreements, understandings, or representations (whether written or oral).
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
Relationship of Parties: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Ember & Vine.
Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, pandemics, or failures of utilities or telecommunications.
Notices: All notices to us should be sent to the address or email above. Notices to you may be posted on the Site or sent to any email or address you have provided.
Export Compliance: You may not use or export any Content in violation of U.S. export laws or regulations.
Headings: Section headings are for convenience only and do not affect interpretation.

15. Contact Information

For questions about these Terms, our services, reservations, orders, or Store purchases, please contact us:

Ember & Vine
23931 Gosling Rd  Spring, TX 77389
Phone: (346) 672-4666
Email: reimagine@ember-vine.com

We appreciate your patronage and look forward to welcoming you to experience hospitality reimagined at Ember & Vine.