Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by Ess.Spot. Throughout the site, the terms "we", "us" and "our" refer to Ess.Spot. Ess.Spot offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. Our store is hosted on Shopify Inc., who provides us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS. 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. 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. 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. We reserve the right to refuse service to anyone for any reason at any time. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION. We are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk. This site may contain historical information, which is provided for reference only. We reserve the right to modify the contents of this site at any time.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES. Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service at any time without notice, and shall not be liable for any such modification, price change, suspension or discontinuance.

SECTION 5 - PRODUCTS OR SERVICES. Certain products or Services may be available exclusively online and may have limited quantities, subject to return or exchange only according to our Refund Policy. To view our Refund Policy, please visit our Refund Policy page. We have made every effort to display as accurately as possible the colors and images of our products; we cannot guarantee your monitor's display will be accurate. We reserve the right to limit sales or quantities of any product or Service, to discontinue any product at any time, and do not warrant that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION. We reserve the right to refuse any order and to limit or cancel quantities purchased per person, household, or order. You agree to provide current, complete and accurate purchase and account information for all purchases, and to promptly update such information as needed.

SECTION 7 - OPTIONAL TOOLS. We may provide access to third-party tools that we neither monitor nor control, provided "as is" and "as available" without warranties of any kind. Any use of optional third-party tools is entirely at your own risk.

SECTION 8 - THIRD-PARTY LINKS. Certain content, products and Services available via our Service may include materials from third parties. We are not responsible for examining or evaluating, and do not warrant, the content or accuracy of third-party materials, products, or websites.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS. If you send us comments, ideas, or suggestions, you agree that we may, without restriction, edit, copy, publish, distribute, and otherwise use them in any medium, with no obligation to compensate you or keep them confidential. You are solely responsible for the accuracy and legality of any comments you submit.

SECTION 10 - PERSONAL INFORMATION. Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see our Privacy Policy page.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS. Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any such errors and to change or update information, or cancel orders, at any time without prior notice.

SECTION 12 - PROHIBITED USES. You are prohibited from using the site or its content for any unlawful purpose; to violate any regulations, laws, or ordinances; to infringe upon intellectual property rights; to harass, abuse, or discriminate against anyone; to submit false or misleading information; to upload viruses or malicious code; to collect or track others' personal information; to spam, phish, or scrape; or to interfere with the security features of the Service.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free, and the Service is provided 'as is' and 'as available' without warranties of any kind. In no case shall Ess.Spot, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of the Service or any product, even if advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion of certain warranties or liabilities, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION. You agree to indemnify, defend and hold harmless Ess.Spot and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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 your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY. If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be severed, without affecting the validity of the remaining provisions.

SECTION 16 - 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 by ceasing to use our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term of these Terms of Service, we may also 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; we may accordingly deny you access to our Services.

SECTION 17 - 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 constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

SECTION 18 - GOVERNING LAW. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida, United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE. You can review the most current version of these Terms of Service at any time on 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 to our website. It is your responsibility to check our website periodically for changes; your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION. Questions about the Terms of Service should be sent to us at dropoffshopify@gmail.com.