This website is operated by ESS3. Throughout the site, the terms “we”, “us” and “our” refer to ESS3. ESS3 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 subscribing to or using any of our services you approve that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
Any fresh features or tools which are added to the present store shall also be subjected to the Terms of Service. You can go through the most up-to-date version of the Terms of Service at any time on this page. We reserve the right to update, alter or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your duty to check this page occasionally for changes. Your sustained use of or access to the website following the posting of any modifications constitutes acceptance of those changes.
CORRECTNESS, COMPREHENSIVENESS AND TIMELINESS OF INFORMATION
We are not liable if information offered on this site is not correct, thorough or recent. The material on this site is provided for overall information only and should not be trusted upon or used as the only basis for making decisions without consulting crucial, more accurate, more comprehensive or timely sources of information. Any dependence on the material on this site is at your own peril.
This site may comprise certain historical information. Historical information, necessarily, is not current and is offered for your reference only. We reserve the right to amend the contents of this site at any time, but we have no responsibility to update any information on our site. You agree that it is your responsibility to observe modifications to our site.
REVISIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without any prior notice.
We reserve the right at any time to change or discontinue the Service without notice at any time.
We shall not be responsible to you or to any third-party for any alteration, price change, suspension or discontinuity of the Service.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the authority to reject any order you place with us. We may, in our solitary discretion, limit or terminate quantities/numbers acquired per person, per household or per order. These constraints may contain orders placed by or under the same client account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a modification to or cancel an order, we may attempt to alert you by contacting through 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 lone judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide recent, complete and precise purchase and account information for all purchases made at our store. You agree to quickly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as required.
The Website may comprise of links to other websites. The Linked Sites are not under the control of ESS3 or the Website and ESS3 is not accountable for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any alterations or updates to a Linked Site. ESS3 is not answerable for any form of transmission, whatsoever, received by you from any Linked Site. ESS3 is offering these links to you only as a suitability, and the insertion of any link does not suggest validation by ESS3 or the Website of the Linked Sites or any relationship with its operators or owners including the legal heirs or assigns thereof. The users are requested to authenticate the correctness of all information on their own before undertaking any dependence on such information.
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
We welcome your comments and feedbacks concerning our Website, our products, and our services. We never accept private or proprietary information. Accordingly, all comments, feedback, ideas, suggestions revealed, submitted or provided to The Company using this Website or otherwise, are not private and will become and remain The Company's property. The disclosure, submission or offer of any Comments constitutes an assignment to The Company of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not infringe on any right of any third party, and must never comprise any defamatory, abusive, offensive or otherwise illegal material.
You will not post any comment that (a) is defamatory, insulting, harassing, threatening or an assault on the right of confidentiality of another person; (b) dogmatic, hateful, or racially or otherwise offensive; (c) is fierce, vulgar, indecent, pornographic or otherwise sexually unambiguous; or (d) otherwise troubles or can reasonably be expected to harm any person or entity.
All Comments must be accurate and in accordance with the rights of privacy and publicity and all federal, state and international law. You might not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, The Company reserves the right to cancel or suspend your account. The Company reserves the right to revoke or suspend your account if, in its individual discretion, it believes you are using The Company for inappropriate purposes, or any purpose inconsistent with its business interest.
ERRORS, INACCURACIES AND OMISSIONS
Sometimes there may be information on our site or in the Service that contains typographical mistakes, inaccuracies or oversights that may relate to product descriptions, pricing, advertisings, offers, product shipping charges, transfer times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to modify or update information or stop orders if any information in the Service or on any related website is erroneous at any time without prior notice (including after you have submitted your order).
We assume no obligation to update, correct or clarify information in the Service or on any related website, including without limitation, pricing information, except as compulsory by law. No stated update or refresh date applied in the Service or on any connected website should be taken to specify that all information in the Service or on any connected website has been revised or updated.
You are forbidden from using the site or its content: (a) for any illicit purpose; (b) to implore others to perform or partake in any illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to trespass upon or disrupt our intellectual property rights or the intellectual property rights of others; (e) to hassle, abuse, insult, harm, denigrate, slander, belittle, intimidate, or differentiate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit untrue or deceptive information; (g) to upload or transfer viruses or any other kind of malicious code that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to gather or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any indecent or wicked purpose; or (k) to interfere with or evade the security features of the Service or any connected website, other websites, or the Internet. We reserve the right to dismiss your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not assure, guarantee, represent or warrant that your use of our service will be continuous, timely, safe or error-free.
We do not warrant that the results that may be obtained from the use of the service will be perfect or dependable.
You agree that from time to time we may remove the service for unlimited periods of time or stop the service at any time, without any notification to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided 'as is' and 'as available' for your usage, 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 specific purpose, robustness, title, and non-infringement.
In no case shall ESS3, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be accountable for any injury, loss, claim, or any direct, indirect, incidental, disciplinary, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement expenses, or any alike damages, whether based in contract, offence (including negligence), stringent liability or otherwise, arising from your use of any of the service or any products obtained using the service, or for any other claim connected in any way to your use of the service or any product, including, but not limited to, any mistakes or omissions in any content, or any loss or damage of any kind suffered as a result of the use of the service or any content (or product) posted, transferred, or otherwise made accessible via the service, even if advised of their possibility. Some states or jurisdictions do not permit the exclusion or the limitation of obligation for consequential or related damages, in such states or jurisdictions, our liability shall be limited to the maximum extent allowed by law.
You decide to indemnify, defend and hold harmless ESS3 from and against any and all losses or damages, liabilities, claims, costs and expenses (including legal fees and expenditures in connection therewith and interest chargeable thereon) proclaimed against or incurred by ESS3 that arise out of, result from, or might be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or responsibilities to be performed by you pursuant to these Terms.
In the event that any provision of these Terms of Service is determined to be illegal, invalid or unenforceable, such provision shall nonetheless be enforceable to the completest extent allowed by applicable law, and the unenforceable portion shall be considered to be disengaged from these Terms of Service, such determination shall not disturb the validity and enforceability of any other remaining provisions.
1. ESS3 may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
2. If you or ESS3 ends your use of the Website or any Service, ESS3 may erase any content or other materials concerning your use of the Service and ESS3 will have no liability to you or any third party for doing so.
3. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. You shall also be eligible to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
The failure of us to exercise or implement any right or provision of these Terms of Service shall not constitute a relinquishment of such right or provision.
These Terms of Service and any policies or operative rules posted by us on this site or in respect to The Service constitutes the complete agreement and understanding between you and us and govern your use of the Service, overriding any prior or contemporary agreements, communications and proposals, whether oral or written, between you and us.
Any uncertainties in the interpretation of these Terms of Service shall not be construed against the drafting party.
CHANGES TO TERMS OF SERVICE
You can review the most present version of the Terms of Service at any time at this page.
We reserve the right, at our lone discretion, to update, modify or replace any part of these Terms of Service by posting updates and alterations to our website. It is your responsibility to check our website intermittently for changes. Your sustained 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 modifications.