THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THESE TERMS OF USE AND PURCHASE BEFORE USING OUR WEBSITE OR PLACING AN ORDER. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THESE TERMS SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS. By agreeing to these terms, YOU ARE giving up Your right to bring A dispute as a member of class action.

OVERVIEW

Welcome to EMSZERO’s (referred to herein as “EMSZERO”, “we”, “us”, or “our”) Terms and Conditions of Use Agreement (referred to herein as the “Terms” or “Terms of Service”).

By visiting our website, www.emszerobeauty.com (the “Website”), our mobile Website, any of our social media pages (now or hereafter created), or purchasing spa-related equipment from us, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and available by hyperlink, and any subsequent modifications to these Terms.

SECTION 1 – ONLINE STORE TERMS

EMSZERO sells various spa-related equipment that may enable users to experience superior spa treatments (the “Services”). By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are using our Website on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or the entity violates these Terms. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 – GENERAL CONDITIONS 
Placing an order on our Website does not constitute our acceptance of an order or a promise that you will be receiving our products. We reserve the right to refuse service to anyone for any reason at any time. We further reserve the right to limit your order quantity and may require verification of your identity before agreeing to ship your ordered products. Unless otherwise agreed to in writing, the products on our Website are intended for personal, non-commercial purposes only, and you agree to use our Website and products only for personal, non-commercial uses. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Services. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Website without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 – HEALTH DISCLAIMER & NO GUARANTEES.

EMSZERO is not a healthcare provider and cannot and does not offer medical advice nor can this be implied from our Website or our products. Only your physician or other healthcare provider should be offering you medical advice. Any health information found or transmitted by us on our website is provided and intended for general information purposes only. Our Website is not intended to be a substitute for professional medical advice, treatment, or diagnosis. If you believe you have a medical condition, we suggest that you see a licensed medical professional. While we do have thousands of happy customers who can tell you about the beneficial changes they have seen while using our products, we cannot make any guarantees about our products working for you or your specific situation. We may no representations or warranties about the suitability of our products or our Website. All Products should be used in accordance with their instructions and guidelines. We are not responsible for your misuse of our products. If you are a minor, you should consult with your parents and a doctor before using any of our products.

SECTION 4 – INTELLECTUAL PROPERTY & LICENSE TO USE 

The contents of our Website and products are protected by United States and international copyright laws. The contents of our Website and products are owned by EMSZERO. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Website, social media accounts, products, or otherwise (the “Intellectual Property”), without the prior written consent of EMSZERO. All rights not expressly granted in these Terms are reserved to EMSZERO.

Our name and logos are trademarks or service marks (“Marks”) of EMSZERO. All rights in these Marks are reserved by EMSZERO. You may not use any EMSZERO-provided Marks or other logos or graphics, without our prior written consent, except that you have a license to use our products in connection with your purchase and use of our products.

EMSZERO hereby grants to each user a personal, non-commercial, revocable, non-exclusive, non-transferable right to access and use our Website. You may not transfer, redistribute, or sublicense your use of our Website to any third party, and may not copy, reverse-engineer, attempt to steal or use the source code of, or create derivative works of our Website or any of its contents. Nothing in these Terms shall act as a transfer of ownership in or to our Website or any of the contents found therein. This license does not include any resale or commercial use of our Website or our products.

SECTION 5 – NO RESALE
EMSZERO does not permit, authorize, or allow the resale of any of our products.

SECTION 6 – PRODUCTS OR SERVICES
Our products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on our Website. However, we cannot guarantee that your computer monitor reflects the color and/or appearance of our products. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations. Your sole remedy for an unsatisfactory purchase is to return all products in their unused condition.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

When you provide payment information to us, you represent and warrant that the information you provide is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to your payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards. By providing a credit card, you represent and warrant that you authorize us to charge your payment method for all charges you incur for any of our Products. You agree that you are responsible to pay for and will pay for all such charges.

We reserve the right to increase, decrease, or eliminate shipping and handling charges but will provide written notice of this to you when you make a purchase. We reserve the right to change our method or courier of shipping to you without notice. If you are entitled to receive free shipping on an order, you will be notified at the time of purchase on our Website.

For more detail, please review our Returns Policy. 

SECTION 8 – THIRD PARTY LINKS 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. EMSZERO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such web sites or services. By using our Website, you expressly waive us, our employees, agents, contractors, affiliates, successors and principals from all liability arising from your use of any third-party website. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We strongly encourage you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If you send us submissions of any kind, with or without a request from us, including without limitation, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, ‘Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you forward to us. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions or use thereof; or (3) to respond to any Submissions. By submitting Submissions to us, you hereby transfer and assign any claim to any rights that you may have had in those Submissions and do so with full acknowledgment of the same. You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third-party. 

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on our Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our Website should be taken to indicate that all information on our Website has been modified or updated. 

SECTION 11 – PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
We do not guarantee, represent or warrant that your use of our products or our Website will be uninterrupted, timely, secure or error-free. 

You expressly agree that your use of, or inability to use, our Website and our products is at your sole risk. Our Website and all products delivered to you by us (except as expressly stated by us) are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall EMSZERO, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our Website or any products purchased from us, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via our Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 13 – INDEMNIFICATION 
You agree to indemnify, defend and hold harmless EMSZERO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 14 – SEVERABILITY 
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 15 – TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 16 – ENTIRE AGREEMENT 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 17 – GOVERNING LAW & BINDING ARBITRATION.
These Terms of Service and all separate agreements whereby we sell beauty products shall be governed by and construed in accordance with the laws of Australia. Any dispute arising out of or in connection with these Terms or our products shall be subject to binding arbitration, the site of which shall take place in Australia. The prevailing Party in any dispute shall be entitled to recover its/his/her reasonable attorney’s fees and costs. If either you or EMSZERO brings an action of any kind that is not individual arbitration in accordance with this section and Section 21, below, the filing party shall be prohibited from recovering any attorneys’ fees and costs.

SECTION 18 – CHANGES TO TERMS OF SERVICE 
You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 19 – RETURN POLICY

All returns are subject to our Return Policy.

SECTION 20 – LIMITATION OF LIABILITY

It is your responsibility to ensure that you use our products correctly. We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these Terms.

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE LESSER OF ONE THOUSAND DOLLARS ($1,000.00) OR THE TOTAL AMOUNT YOU PAID US TO PURCHASE OUR PRODUCTS.

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY.  WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

SECTION 21 – CLASS ACTION WAIVER

To the extent permitted by applicable law, you and EMSZERO agree that any dispute arising out of these Terms, the business of EMSZERO, or the products you purchase from EMSZERO is personal to you and EMSZERO and that any disputes, if any, will be resolved solely through individual arbitration in accordance with Section 17, above, and will not be brought as a class arbitration, class action or any other type of similar proceeding.

SECTION 22 – QUESTIONS

If you have any questions or comments regarding these Terms, please feel free to contact us by email at [email protected]