Terms of service

Last Modified: May 3, 2022

 

Welcome to Emdash! Please read these Terms of Service (“Terms”) carefully, as you agree that you consent to these Terms by your use of this website and Emdash’s services, as described further below.

 

 

Acceptance of the Terms of Service  

 

These terms of service are entered into by and between you and Emdash LLC (“Emdash,” “we,” “our,” or “us”), and they govern your access to and use of the Emdash website (the “Website”), including any content, functionality, and services offered on or through the Website, whether as a website visitor or a user who makes a purchase for products or services through the Website.    

 

Please read the Terms carefully before you start to use the Website. By using the Website, accessing or using the features and services offered on the Website, or making purchases through the Website, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. You may be accessing the Website from a computer or a mobile phone device, and these Terms of Service and our Privacy Policy govern your use of the Website and your conduct, regardless of your means of access to the Website.

 

If you do not agree to these Terms of Service or the Privacy Policy, do not access or use the Website or any Emdash Services and do not purchase any Merchandise offered through the Website, but please get in touch with us so we can try to help.

 

 

Term 

 

This agreement remains in full force and effect while you use the Website. Emdash may terminate your access at any time and for any reason. If you wish to voluntarily terminate your access, you may simply discontinue using the Website. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

 

Eligibility

 

The Website is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Website and from making purchases on the Website.

 

The Website is run and operated within the United States. Emdash makes no representations that the Website is appropriate or available in other locations other than where it is operated by Emdash. Emdash currently limits the purchase of Merchandise from the Website to users located within the United States of America and will only ship Merchandise within the United States. 

 

 

Changes to the Terms of Service   

 

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website or our Services following the posting of revised Terms means you accept and agree to the changes.

 

 

The Website and Use of the Website

 

The Website is an online website that allows users to browse, search for, leave reviews and comments on, and purchase certain skincare products and other skincare merchandise (“Merchandise”) and sign up for Emdash’s newsletter or other promotional or marketing correspondence. The Website may also allow users to browse beauty and/or skincare blog posts contained on the Website. The Website is hosted on Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell the Merchandise and our services to you. In addition, you may leave reviews and post other content to the Website through a third-party service provider Emdash employs, Loox Online Ltd. (“Loox), and you may also make purchases and complete payments for the Merchandise through PayPal, Inc. (“PayPal”) and Afterpay US Inc. or Afterpay US Services LLC (collectively “Afterpay”). By using and accessing the Website, you also agree to Shopify’s Terms of Use, which can be found here, Loox’s Terms of Service, which can be found here, PayPal’s User Agreement, which can be found here, and Afterpay’s Terms of Service, which can be found here.

 

Subject to your compliance with these Terms, Emdash grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Website in accordance with these Terms. We reserve the right to refuse services, terminate access, and remove or edit content published or hosted on the Website in our sole discretion. Emdash has the right to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use at any time and without specific notice.

 

 

User Contributions   

 

The Website may contain message boards, blog posts, personal web pages or profiles, forums, product reviews, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website via third-party service providers, such as Loox.

 

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, transferrable, sublicensable, royalty-free license to sublicense, use, reproduce, copy, modify, create derivative works of, publicly perform, publicly display, distribute, and otherwise disclose to third parties and/or exploit in any manner any such material for any purpose.

 

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Service.
  • Neither the User Contributions nor your submission, uploading, publishing, or otherwise making available of such User Contributions, nor Emdash’s use of the User Contributions as permitted herein, will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Emdash, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

 

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website (including but not limited to content posted on the Website by an Emdash employee, owner, contractor, or service provider). By using and accessing the Website, you understand and acknowledge that some User Contributions may purport to give medical advice generally or assert claims related to certain products, Merchandise, or Services, or to other users on the Website, however, any User Contribution that you (or other users) make should not be considered medical advice or Emdash endorsed or supported claims and any User Contribution that you or any other user publishes/submits with personal medical information is not covered under HIPAA.

 

 

Accessing the Website and Account Security  

 

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information to third-party service providers Emdash employs in order to provide you with access to and usage of the Website. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete (regardless of whether such information is provided to Emdash or a third-party service provider necessary to access and use the Website). You agree that all information you provide to access and use the Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

You are solely responsible for maintaining the confidentiality of any account information associated with your use of and access to the Website, as well as any and all activities that occur under your account with those third-party service providers. You must immediately notify our third-party service provider through which you have any such account of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account(s), with or without your knowledge. You should use particular caution when accessing such accounts from a public or shared computer so that others are not able to view or record your personal information.

 

 

Changes to the Website

 

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

 

Promotional Material 

 

By creating or registering to receive Emdash promotional or marketing material on the Website, you agree to subscribe to newsletters, marketing or promotional materials, and other information Emdash may send. Further, you may wish to subscribe to mobile marketing materials provided by Emdash and Emdash may send you text messages to promotional events, surveys, or prompt you to leave a review or tag Emdash on social media, customer service alerts, order updates, text campaigns, giveaways, sales, customer winbacks, welcome messages, etc. However, you may opt out of receiving any, or all, of these communications from Emdash by following the unsubscribe link or instructions provided in any email Emdash sends or by texting back “STOP,” “UNSUBSCRIBE,” or “CANCEL”.

 


Third Party Content

 

The Website may be made available or accessed in connection with third-party property, services, and/or general advertising material that Emdash does not control (“Third Party Content”). Furthermore, User may be able to link to, and access, Third Party Content while using the Website. Emdash does not endorse or control any Third Party Content, and in no event shall Emdash be responsible or liable for any Third Party Content. Viewing all Third Party Content is at your own risk.

 

 

Merchandise

 

Merchandise Description and Use

Merchandise is subject to the terms and conditions as specified by Emdash. Any photographs or videos on the Website posted by Emdash (and not posted by another user) reflect the actual Merchandise to be purchased but may not entirely depict the Merchandise selected for purchase. Review the details of the Merchandise prior to purchase. Emdash has made every effort to display, as accurately as possible, the colors, sizes, and accurate descriptions of our products that appear on the Website, however, as the actual colors or specifications you see will depend on your monitor and internet connect, we cannot guarantee that your monitor's display of any such specification will be identical to the specification of the Merchandise you receive. 

 

Prices displayed on the Website for Merchandise will be quoted in U.S. dollars only, which are valid and effective only in the United States. Emdash attempts to be as accurate as possible when describing the Merchandise and listing a price, however, Emdash reserves the right to change the purchase price or description of any Merchandise at any time for any reason, without prior notice to users. Emdash reserves the right, in its sole discretion, to not process, to cancel, or reduce any orders placed, including, without limitation, if the price was incorrectly posted on the Website. If this occurs, Emdash will attempt to notify you by email.

 

All material (including any samples) and information presented by Emdash on the Website is intended to be used for personal, educational or informational purposes only, and all Merchandise should be used strictly in accordance with its instructions, precautions and guidelines. The statements made about any Merchandise (whether by Emdash or users) have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements on the Website and Merchandise sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any Merchandise purchased on the Website, it should be only after the legal or parental guardian has discussed the Merchandise with the minor's doctor.


You should always check the ingredients for Merchandise to avoid potential allergic reactions. As supplied, use of the Website is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any Merchandise or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Emdash does not give or intend to give any answers to medical-related questions. Emdash does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website.

 

IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

 

 

No Reproduction 

UNAUTHORIZED OR UNLAWFUL REPRODUCTION, RESALE, MODIFICATION, OR TRADE OF MERCHANDISE IS PROHIBITED.

 

 

Customs, Duties, and Taxes

You are responsible for determining if the product can lawfully be shipped to the destination country. Currently, Emdash only ships to the United States, however, if in the future, Emdash ships Merchandise to other locations, Merchandise that is shipped to countries other than the United States may be subject import taxes and custom fees levied by the destination country. Any taxes, fees or separate charges shall be born by the user as the end recipient.

 

In general, you are solely liable for all the taxes, fees, and commissions resulting from use of the Website. These Terms of Service do not create a joint venture, partnership, or principal-agent relationship between you and Emdash, or any other users, and nothing in these Terms of Service may be used to imply such a relationship. You agree to indemnify, defend, and hold Emdash harmless from any liability for, or assessment of, any claims or penalties with respect to such taxes, labor, or employment requirements, including any liability for, or assessment of taxes imposed on Emdash by the relevant taxing authorities with respect to any fees paid to you as the result of using the Website.

 

 

Purchases and Payment 

 

Emdash bills through an online billing account for purchases of Merchandise and/or services. Currently, you may make payment through services such as Shopify or Paypal. Emdash accepts Visa, Mastercard, American Express, Discover, Diners Club, PayPal, Apple Pay, Shop Pay, Google Pay, and Facebook Pay.

 

You agree to pay Emdash all charges at the prices then in effect for the Merchandise you or other persons using your billing account may purchase, and you authorize Emdash to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Emdash reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Emdash. Emdash may change prices at any time. All payments shall be in U.S. dollars.

 

 

Return and Exchange Policy

 

Each Merchandise listed on the Website will have a unique return policy. If not otherwise stated, however, Merchandise purchased through the Website will come with a 30-day return policy, commencing on the date the order is received by  user. Emdash does not charge a restocking fee. Please email hello@emdashbeauty.com should you wish to initiate a claim for a return. In any event, a user waives their right to return the Merchandise if the user fails to email Emdash within this 30-day period.  Emdash reserves the right to deny any return request, as determined in its sole discretion. You will be responsible for return shipping for any product you wish to return to Emdash and that is approved for return, provided however, that Emdash will cover the return shipping charges in the case of a return initiated due to the direct fault of Emdash or a recall. If a product is defective due to the direct fault of Emdash, a mailing label will be provided at no charge to you via email. In no event will Emdash authorize or issue an exchange. Emdash is unable to cancel orders once checkout is complete. 

Refunds are issued in the original form of payment less original shipping costs and the cost of the return label (if requested). Unless otherwise specified by Emdash, the item for which the return is requested and any unused product must be received by Emdash before a refund can be issued. Items that are damaged or lost due to improper packaging will not be accepted as a return. Empty product boxes with no products inside will not qualify as a return.

Returns are processed within 3 business days of receiving the returned product. Please allow up to 7 business days for the refund to reflect on your account as timing is dependent on bank policies.

 

Risk of Loss

 

All Merchandise purchased from Emdash on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to user upon Emdash’s delivery of Merchandise to the carrier.


 

Feedback 

 

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Website (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Website and (b) promote the Website, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Website or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

 

 

Intellectual Property Rights  

 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Emdash, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

These Terms of Service permit you to use the Website for your personal, non-commercial use only, subject to the following restrictions:

  • You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as it is created and owned by you.

  • You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

  • You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

  • No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Emdash.

 

 

Trademarks  

 

Emdash name and logo, and all related names, logos, product and service names, designs, and slogans are the property of Emdash or its affiliates or licensors. You must not use such marks without the prior written permission of Emdash. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

 

 

Reporting Claims of Copyright Infringement

 

We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Website, you may request removal of those materials from the Website by submitting written notification to our Copyright Agent at hello@emdashbeauty.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your name.

  • The name and description of the work that is being infringed.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.

 

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

 

Prohibited Uses  

 

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website: 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate the Emdash, a Emdash employee, another user, or any other person or entity.

  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm or offend the Emdash or users of the Website or expose them to liability.

 

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  • Take any action that may damage or falsify Emdash or Website rating.

  • Otherwise attempt to interfere with the proper working of the Website.

 


 

Monitoring and Enforcement; Termination  

 

We have the right to: 

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Emdash.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS EMDASH AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

 

Reliance on Information Posted   

 

We do not warrant the accuracy, completeness, or usefulness of any information on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.


 

The Website includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Emdash, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Emdash. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

     

Links from the Website

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

 

Users Outside the U.S.

 

The Website is controlled and operated from the United States and is subject to its laws. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country or region where such distribution or use would be contrary to law or regulation or which would subject Emdash to any registration requirement within such jurisdiction or country/region.  If you choose to access the Website outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.

 

 

Disclaimer of Warranties 

 

YOUR USE OF THE WEBSITE, ITS CONTENT, MATERIALS, MERCHANDISE, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EMDASH NOR ANY PERSON ASSOCIATED WITH EMDASH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER EMDASH NOR ANYONE ASSOCIATED WITH EMDASH REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

 

EMDASH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

 

Limitation on Liability  

 

IN NO EVENT WILL EMDASH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EMDASH AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO EMDASH FOR THE APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

 

Indemnification   

 

You agree to defend, indemnify, and hold harmless Emdash, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

 

 

Governing Law

 

All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.

 

  

Arbitration  

 

At Emdash’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Service or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

  

 

Waiver and Severability  

 

No waiver by Emdash of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Emdash to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

 

 


Entire Agreement  

 

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Emdash LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

 

Your Comments and Concerns  

 

The Website is operated by Emdash LLC at 2081 Center Street, Berkeley, California 94704.

 

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: hello@emdashbeauty.com.