Please read these Terms of Service (“Terms”, “Terms and Conditions”) carefully before using www.ekuaessentials.com (the “Website”, “Site”, or “Service”) and any free or paid products or services offered through the Website and operated by Ekua Essentials, LLC (“us”, “we”, or “our”).
Your access to and the use of this website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.
By accessing or using www.ekuaessentials.com you agree to be bound by these Terms, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. If you do not agree with any of the terms, please exit the website promptly.
Your use of this website also requires you to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services. Unless expressly permitted by supplemental terms, this site is intended for general audiences 18 years of age and older. Access by anyone younger is not authorized.
Good and Services
Our prices may be changed without notice. We may change or remove any product (or component of a product) or service without prior notice. We are not liable to you or any third party if we change or remove any product, service, feature or price. We retain the right to change product descriptions without notice.
The Website may offer exclusive products and services. Our refund and return policy will apply to any purchases. We’ve done our best to ensure that product colors match the photos provided. Screen colors may vary due to factors beyond our control.
Purchases
If you wish to purchase any product or service made available through the Website, you may be asked to supply certain information relevant to your purchase including, without limitation, your name, email address, credit or debit card information, and billing address.
Subscriptions
If any parts of our service are billed on a subscription basis, you will be billed in advance on a recurring monthly basis.
Links To Other Web Sites
Our website may contain links to third-party web sites or services that are not owned or controlled by us.
The Ekua Essentials, LLC 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 content, goods or services available on or through any such web sites or services.
User Submitted Comments or Feedback
By responding to polls, commenting on posts, submitting ideas or leaving feedback, you grant us permission to use, edit, copy, publish, distribute, translate or use all comments (ideas, suggestions, plans or other materials) you submit vis this Website, email or via traditional mail. Nothing in this policy requires us to keep comments private, compensate individuals or their comments or respond to comments.
Intellectual Property
All intellectual property shared or sold through the Website is the property of Ekua Essentials, LLC. No individual or entity has any right to make any copies of any intellectual property shared or sold through the website unless permission is expressly granted in writing by the Ekua Essentials, LLC.
Changed Terms
We reserve the right, at our sole discretion, to modify or replace any part of these Terms as well as our site and services at any time. Any use of the Site or Service by you after being notified means you accept these amendments. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Links and Email Addresses
Links posted on this website to other websites are provided only as a convenience to our clients. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Ekua Essentials, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.
No Warranty
The information presented on ekuaessentials.com is provided “as is” and “as available,” without representation or warranty of any kind. Ekua Essentials, LLC does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Ekua Essentials, LLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Ekua Essentials, LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall the Ekua Essentials, LLC’s cumulative liability to you exceed the total purchase price of the products you have purchased from the Ekua Essentials, LLC, and if no purchase has been made by you, the Ekua Essentials, LLC’s cumulative liability to you shall not exceed $100.
Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at https://www.ekuaessentials.com/privacy/. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Governing Law | Mediation | Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia within the United States, regardless of the conflict of laws principles thereof.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Atlanta, Ga or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
Contact Us
If you have any questions about these Terms, please contact us or email us at [email protected].
Policy updated: July 24, 2024
