TERMS OF SERVICE

This Web Site is operated by Etonic Holdings LLC. Throughout this Web Site, the terms “ETONIC”, "we", "us" and "our" refer to Etonic Holdings LLC. Etonic Holdings LLC offers this Web Site, including all information, tools and services available from this Web Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Web 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 this Web 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 Web Site. By accessing or using any part of this Web 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 Web Site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at anytime on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Web Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Web Site following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide 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, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Web Site. 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 (including but not limited to copyright laws). 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. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 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.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Web Site is not accurate, complete or current. We make reasonable attempts to provide accurate and reliable information. However, there may be occasions when information featured on this Web Site may contain incomplete data, typographical errors, inaccuracies or omissions as to merchandise size, price, color, availability, or other matters. We reserve the right to correct any and all errors and to update information on this Web Site at any
time. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

SECTION 5 - PRODUCTS OR SERVICES 

Certain products or services may be available exclusively online through the Web Site.

SECTION 6 – PRODUCT ORDERS; ACCURACY OF BILLING AND ACCOUNT INFORMATION

All orders placed through the Web Site are subject to ETONIC acceptance and are required to contain accurate billing and account or credit information. This means that ETONIC may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, ETONIC will issue you a refund.

SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Other than personally identifiable information, which is subject to this Web Site Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. ETONIC, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

ETONIC or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("submissions") in any form to ETONIC or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when ETONIC products or marketing strategies might seem similar to ideas submitted to ETONIC. ETONIC realizes the possibility exists that it will miss out on a good suggestion by adopting this strict policy and procedure. However, experience has shown us that this policy, which is shared by most major corporations, is the approach we consider to be in the best long term interest of everyone,
legally protecting the interests of all parties involved.

SECTION 8 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 9 - PROHIBITED USES

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
ETONIC DOES NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE WEB SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED. THE CONTENT OR MATERIAL ON THE WEB SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ETONIC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES. To the fullest extent permitted by law, ETONIC disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non infringement. ETONIC neither guarantees nor promises any specific results from use of the Web Site. ETONIC does not represent or warrant that the Web Site will be uninterrupted or error-free, that any defects will be corrected, or that this Web Site or the server that makes the Web Site available are free of viruses or anything else harmful. To the fullest extent permitted by law, ETONIC does not make any warranties or representations regarding the use of the materials or Content in the Web Site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other such Device in which you access the Web Site, loss of data or other harm of any kind that may result. ETONIC reserves the right to change any and all Content and other items used or contained in the Web Site at any time without notice. IN NO CASE SHALL ETONIC HOLDINGS LLC, OUR DIRECTORS, OFFICERS AFFILIATES EMPLOYEES, MEMBERS, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEB SITE OR THE CONDUCT OF OTHER WEB SITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT AN ETONIC EVENT OR ANY USER GENERATED CONTENT, EVEN IF ETONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEB SITE. YOUR ONLY REMEDY AGAINST ETONIC FOR USE OF THE WEB SITE OR ANY CONTENT IS TO STOP USING THE WEB SITE.

SECTION 11 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Etonic Holdings LLC and our parent, subsidiaries, affiliates, officers, directors, employees, agents, members, principals, insurers, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys fees, arising from or relating in any way to your submissions, your use of content on this Web Site, your use of the Web Site, your conduct in connection with the Web Site or with other Web Site users, or any violation of these Terms of Use, any law or the rights of any third party.

SECTION 12 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful or unenforceable for any reason, the remaining parts of this these Terms of Service shall remain in effect to the fullest extent permitted by law.

SECTION 13 – TERMINATION; SURVIVAL
ETONIC may terminate these Terms Conditions or your access to your account on this Web Site at any time and may do so immediately and without notice if in ETONIC’s sole and absolute discretion you fail to comply with any term or provision of these Terms  Conditions. The following sections of these Terms  Conditions: Disclaimer of Warranties; Limitation of Liability, Indemnification, Termination and Governing Law shall in all events survive any termination of these Terms  Conditions.

SECTION 14 - ENTIRE AGREEMENT
These Terms  Conditions constitute the entire agreement between you and ETONIC with regard to your use of this Web Site and the other matters addressed in these Terms  Conditions.

SECTION 15 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflicts of law principles. You irrevocably and unconditionally consent to the exclusive jurisdiction of the state and federal courts located in the State of New York for any litigation or dispute arising out of or relating to your access to this Web Site and the agreement created thereby. Any cause of action or claim you may have with respect to this Web Site must be commenced within one (1) year after the claim or cause of action arises or be barred forever. ETONIC’s failure to insist upon or enforce strict performance of any provision of these Terms  Conditions shall not be construed as a waiver of any provision or right.

SECTION 16 - CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service, but any such update,change or replacement will not apply retroactively.

SECTION 17 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@etonic.com.