EmScapes.co Terms of Service

Last Updated: February 18, 2024

These Terms of Service (“Terms”) govern your use of the EMscapes.co website (the “Site”) and the services offered by EMscapes.co (the “Services”). By accessing or using the Site or Services, you agree to be bound by these Terms.

1. Use of the Site and Services

1.1. You must be at least 18 years old and have the legal capacity to enter into these Terms. 1.2. You are responsible for all activity that occurs under your account and for keeping your account password confidential. 1.3. You agree to use the Site and Services only for lawful purposes and in accordance with these Terms. 1.4. You agree not to: * Use the Site or Services for any commercial purpose without our express written consent. * Violate any local, state, national, or international law or regulation. * Infringe on the rights of others, including their intellectual property rights. * Transmit any harmful or malicious content, such as viruses or spyware. * Impersonate any person or entity. * Interfere with or disrupt the Site or Services.

2. User Information

2.1. You are responsible for the accuracy and completeness of the information you provide when using the Site and Services. 2.2. We will not share your personal information with third parties except as described in our Privacy Policy. 2.3. You can access and update your information by logging into your account or contacting us.

3. Estimates and Proposals

3.1. All estimates and proposals provided through the Site are preliminary and subject to change. 3.2. You are responsible for reviewing and understanding any estimate or proposal before accepting it. 3.3. Acceptance of an estimate or proposal constitutes your agreement to our Terms of Service.

4. Payments

4.1. Payment terms will be specified in the estimate or proposal you accept. 4.2. We accept payment by [list accepted payment methods]. 4.3. You are responsible for all applicable taxes and fees.

5. Scheduling and Cancellations

5.1. Scheduling and cancellation policies will be specified in the estimate or proposal you accept. 5.2. We reserve the right to reschedule or cancel any service due to unforeseen circumstances. 5.3. You may reschedule or cancel a service by contacting us by email or phone.

6. Warranty and Disclaimer

6.1. We warrant that our services will be performed in a professional and workmanlike manner. 6.2. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 6.3. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

7. Limitation of Liability

7.1. OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL BE LIMITED TO THE GREATER OF THE AMOUNT OF ANY FEES YOU PAID TO US FOR THE SERVICES OR $100. 7.2. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

8. Indemnity

8.1. You agree to indemnify and hold harmless EMscapes.co, its officers, directors, employees, agents, and licensors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Site or Services or your violation of these Terms.

9. Termination

9.1. We may terminate your access to the Site or Services at any time for any reason, with or without notice. 9.2. You may terminate your account at any time by contacting us.

10. Governing Law and Dispute Resolution

10.1. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions. 10.2. Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.

11. Entire Agreement

11.1. These Terms constitute the entire agreement between you and EMscapes.co with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

12. Waiver

12.1. No waiver of any provision of these Terms shall be effective unless in writing and signed by both you and EMscapes.