Terms of Service and Sale - Enso Wax LLC

Last Updated: January 1, 2024

These Terms of Service and Sale (the “Terms”) constitute a legally binding agreement between you and Enso Wax LLC (“Enso Wax,” “we,” “us,” or “our”). These Terms govern your use of the Enso Wax websites, applications, software, and related features (collectively, the “Sites”), your participation in Enso Wax promotions, contests, or sweepstakes, your purchase of Enso Wax products or services (collectively, the “Products”), and your interaction with our physical stores and locations (collectively, the “Services”). By accessing, using, or interacting with the Services, and by purchasing our Products, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you must cease accessing or using the Services.

We reserve the right to modify these Terms at our discretion and at any time. It is your responsibility to review these Terms periodically for changes. Your continued use of the Services following any updates constitutes your acceptance of such changes. However, if applicable law necessitates additional notice regarding updates, we will adhere to such requirements.

If you are located outside of the United States or Canada, different terms may apply to you. Certain aspects of the Services may also be subject to supplemental terms and conditions, which will prevail in the event of any conflict with these Terms.

These Terms encompass the following sections:

1. Eligibility
2. Account Registration
3. Intellectual Property
4. User Content and Feedback
5. Acceptable Use
6. Terms of Sale
7. Loyalty Programs
8. Privacy
9. Links to other Websites
10. Disclaimer of Warranties
11. Limitation of Liability and Release
12. Indemnity
13. Modification and Termination
14. Mandatory Arbitration and Class Action Waiver for Residents of the United States
15. Text Messaging
16. Controlling Law
17. General Terms
18. Copyright Policy
19. Contact Us

1. Eligibility

You must be of legal age in your jurisdiction to use the Services. If you are not of legal age, you represent and warrant that your parent or legal guardian consents to these Terms on your behalf and grants you permission to use the Services. If you are agreeing to these Terms on behalf of an organization or entity, you assert that you are authorized to do so. You are prohibited from accessing or using the Services if barred from doing so under applicable law or if we have previously suspended or terminated your access.

2. Account Registration

You may need to create an account to access certain parts of the Services. To register an account, you may be asked to provide certain information, such as your name and email address, and select a password. You are responsible for maintaining the confidentiality of your account information. You may not transfer, sell, assign, or sublicense your account without our prior written consent. You are solely responsible for all activity that occurs under your account, whether authorized or unauthorized, including any use of the Services or purchases made by any person using your account. You agree to promptly notify us of any unauthorized use or security breaches concerning your account. Enso Wax shall not be liable for any losses incurred due to unauthorized use of your account or password. Information you provide is subject to our Privacy Policy. We reserve the right to take necessary actions, including terminating your account or requiring additional information to verify transactions, to safeguard the security of the Services and your account.

3. Intellectual Property

"Content" encompasses all materials available through the Services, including but not limited to websites, software, designs, text, art, audio, video, graphics, images, music, user interfaces, works of authorship, names, logos, trademarks, service marks, and trade names. The Services and Content are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and foreign jurisdictions. Except as explicitly permitted in these Terms, Enso Wax and its licensors retain exclusive ownership of all rights, titles, and interests in the Services and Content, including associated intellectual property rights.

You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notices accompanying the Services or Content. Unauthorized use of materials on the Services may violate copyright, trademark, privacy, publicity, and communication laws. All names, trademarks, service marks, trade names, symbols, slogans, or logos appearing on the Services are proprietary to Enso Wax or its affiliates, licensors, or suppliers, and any associated goodwill remains with us or those entities. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark laws. Other trademarks, service marks, and trade names appearing on the Services are the property of their respective owners.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and Content for personal, non-commercial purposes as permitted by these Terms. You may not use, sublicense, copy, adapt, modify, translate, disclose, create derivative works, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Content, Services, or any part thereof, except as expressly permitted in these Terms. No implied licenses or rights are granted under any intellectual property owned or controlled by us or our licensors, except those expressly granted in these Terms. Enso Wax reserves the right to revoke this license at any time at its sole discretion.

4. User Content and Feedback

4.1 User Content:

You are solely responsible for any content that you submit, post, or otherwise make available through the Services (“User Content”), including any third-party rights related to such User Content. While you retain ownership of your User Content, you grant Enso Wax a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, distribute, publicly display, transmit, and create derivative works from your User Content for any purpose, without compensation to you. You agree to waive any moral rights or attribution claims related to your User Content. Please note that other users may access, use, and modify your User Content submitted to public areas of the Services.

Enso Wax reserves the right to pre-screen, reject, move, edit, or remove any User Content for any reason, including violation of these Terms or our policies. For further details, please refer to the Acceptable Use section below.

4.2 Feedback

We value and appreciate your feedback, comments, suggestions, and ideas related to our Products, the Site, or the Services (collectively, "Feedback"). By providing Feedback, you acknowledge and agree that:

i. Your Feedback will be considered non-confidential;
ii. You grant Enso Wax a worldwide, royalty-free, fully paid, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, publish, translate, distribute, perform, display, import, sell, offer for sale, create derivative works from, and exploit the Feedback in any form, media, or technology, whether known now or developed in the future;
iii. Enso Wax may use the Feedback for any purpose, including but not limited to developing, manufacturing, marketing, and selling products and services without any compensation or credit to you, unless otherwise agreed in a separate written agreement.

This applies to Feedback provided through the Sites or any other method of communication with us, unless otherwise specified in a separate written agreement.

4.3 User Content and Feedback Representations

You agree that any User Content or Feedback you submit or transmit to the Services will not infringe upon the rights of any third-party, including but not limited to copyright, trademark, privacy, personality, or other proprietary rights. Additionally, your User Content or Feedback will not contain any unlawful, abusive, obscene, or libelous material, nor will it contain any computer viruses or malware that could affect the operation of the Services.

You are solely responsible for the accuracy and legality of any User Content or Feedback you provide. Enso Wax assumes no liability for any User Content or Feedback posted by you or any third-party.

5. Acceptable Use

The following conduct is strictly prohibited in connection with your use of the Services:

• Abuse, defamation, threats, harassment, stalking, or harm to others;
• Alteration or tampering with materials associated with the Services;
• Attempting to circumvent technological measures implemented by us or any third-party to protect or restrict access to the Services;
• Deciphering, decompiling, disassembling, or reverse engineering any software used to provide the Services;
• Disrupting, attacking, modifying, or interfering with the Services or associated software, hardware, or servers;
• Engaging in spidering, harvesting, or using software to collect data from the Services;
• Impersonating others or engaging in fraudulent activities;
• Posting or sharing illegal, abusive, harassing, pornographic, indecent, hateful, racist, or objectionable content;
• Soliciting passwords, account data, or personal information from users;
• Submitting content related to multilevel marketing schemes, pyramid schemes, or off-topic content;
• Sending unsolicited or unauthorized advertising or commercial communications;
• Taking actions that impose an unreasonable load on our infrastructure;
• Transmitting viruses or malicious code;
• Attacking the Site with denial-of-service attacks or distributed denial-of-service attacks;
• Scraping or crawling web pages within the Services;
• Violating intellectual property, privacy, publicity, or other legal rights;
• Violating any laws or regulations; or
• Encouraging others to engage in prohibited activities.

6. Terms of Sale

6.1 Products and Prices

Some of the Products featured on the Services may be displayed for promotional purposes only and may not be available for purchase or may be out-of-stock. All Products offered for purchase are subject to availability, and we reserve the right to impose quantity limits. Prices are subject to change without notice and do not include applicable taxes, shipping and handling charges, or other fees unless otherwise stated or required by law. Prices displayed on the Site may differ from prices offered in stores.

While we strive for accuracy, we cannot guarantee that the descriptions, pricing, shipping times, or other Product-related information on our Services are accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct such errors, revise your order accordingly (including charging the correct price), or cancel the order and refund any amount charged. We make reasonable efforts to display product colors and images accurately, but we cannot guarantee that your computer monitor will accurately represent these colors.

We may offer Products for pre-order and will make efforts to provide accurate estimated shipping times, though such times are not guaranteed. If a Product you've ordered is out of stock, we will attempt to notify you of the updated shipping date when available.

6.2 Orders

Our presentation of Products is not a binding offer but an invitation to place an order. We reserve the right to cancel or refuse any order for any reason at any stage prior to delivery, including after submission. Payment must be received prior to order acceptance, though we may choose not to charge your selected payment method until the order is shipped. We may process payment for and ship parts of an order separately and may require additional verifications or information before accepting any order.

6.3 Promotions, Voucher Codes, Special Offers

All promotions, coupons, and special offers (“Offers”) are subject to associated terms and conditions and may not be combined unless specifically permitted. Only one Offer may be used per order, applicable to in-stock items unless agreed otherwise. We reserve the right to decline orders if an Offer is deemed invalid. Purchases using Offers must comply with their terms and may be subject to additional conditions provided with the Offer. Offers are not redeemable for cash and are valid only when sent through official Enso Wax communications channels. You agree that Offers must be used lawfully, may not be duplicated, sold, or transferred, and may be disabled at any time without liability to us. Offers may expire before use.

6.4 Limited Edition

Occasionally, Enso Wax may offer variations of a Product in limited quantities ("Limited Edition Products"). Unless otherwise noted, Offers may not be applied to the purchase of Limited Edition Products. These Limited Edition Products may have different appearances or functionalities than their standard counterparts. Replacement of Limited Edition Products is subject to availability and may be substituted with a similar Product at Enso Wax's discretion.

6.5 Resale

Enso Wax sells and ships Products to end-user customers only. We reserve the right to refuse or cancel orders, restrict sales, impose purchase limits, suspend or close accounts if we suspect Products are being purchased for resale or export. Products sold through the Services are not authorized for resale or export. Resale of Products without Enso Wax's authorization infringes upon our intellectual property rights. Your purchase constitutes acceptance of these resale restrictions. Products may not be sold, leased, or transferred to restricted countries, end users, or for restricted end uses according to applicable export and sanctions laws of the United States. Products distributed via unauthorized resale are not eligible for our Limited U.S. Warranty Program.

6.6 Payment Information

We offer various payment methods for your convenience, as indicated during checkout. By providing payment information, you represent and warrant its accuracy, authorization, and availability of funds or credit to cover the total purchase amount. We may verify payment methods and suspend or cancel orders if verification fails. Some financial institutions may place authorizations or holds on your account; contact them for details.

6.7 Third Party Provider

Our store is hosted on Shopify Inc. ("Shopify"), which provides the e-commerce platform and payment services. By purchasing Products, you agree to Shopify's Payments Terms of Use and Privacy Policy and authorize Enso Wax and Shopify to share necessary information for payment transactions.

6.8 Taxes

You are responsible for any applicable sales, use, value-added, or other governmental taxes related to your purchase. Enso Wax collects Taxes where required based on the type of Product, shipment date, and shipping address.

6.9 Shipping, Title Transfer, Risk of Loss, Delivery

You agree to pay shipping and handling charges shown at checkout. Delivery dates or times are estimates and not guaranteed. Title and risk of loss transfer to you upon delivery to common carriers, provided full payment is received. Products may be delivered in multiple shipments.

6.10 Returns and Exchanges

Returns and exchanges are subject to our posted return policy, except for Final Sale items and gift card purchases, which are non-refundable. We monitor returns and may limit them in case of abuse. Products may be replaced with similar items based on availability.

6.11 Third Party Products

Enso Wax may offer Products provided by third parties ("Third Party Products"). When purchasing Third Party Products, you do so at your own risk. Enso Wax assumes no responsibility or liability for Third Party Products.

6.12 Limited U.S. Product Warranty

Certain Products are covered by a limited warranty in the U.S., as described in our Limited U.S. Product Warranty Program. Third Party Products are not covered by our Limited U.S. Product Warranty.

6.13 Gift Cards

If you purchase a gift card through the Services, your purchase is subject to our Gift Card Terms, which are incorporated into these Terms.

6.14 Referral Program

Enso Wax may offer customers the opportunity to receive rewards toward future purchases by referring others. Refer to the Enso Wax Refer a Friend Terms for details on the referral program.

7. Loyalty Programs

Enso Wax may offer loyalty programs from time to time ("Loyalty Programs"). Participation in Loyalty Programs is subject to specific terms provided to you, which may require account creation or provision of contact information. Participation may also necessitate a minimum number or total amount of purchases. Enso Wax reserves the right to revise Loyalty Program terms at any time and may terminate your participation if you no longer meet the applicable terms.

8. Privacy

For details regarding our data practices, including information collection and use, refer to our Privacy Policy. By using the Services, you acknowledge and agree to our Privacy Policy, which is incorporated into these Terms by reference.

9. Links to Other Websites

The Sites may include links or references to external websites beyond our control. Enso Wax does not warrant, endorse, or assume responsibility for the availability, terms, or practices of such websites, resources, or services, nor for the content, products, or services available through them. Your use of such websites, resources, or services is at your own risk, and Enso Wax will not be liable for any harm or damage arising from such use.

10. Disclaimer of Warranties

Enso Wax disclaims all warranties, express or implied, to the fullest extent permissible by law, except as expressly stated in our U.S. Limited Product Warranty Program. Products, services, and content are provided "as is," and Enso Wax expressly disclaims liability for claims due to normal wear, misuse, abuse, modification, improper selection, or misappropriation. Enso Wax makes no warranties to consumers as defined in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act. You are solely responsible for the proper handling, storage, and use of Products.

Enso Wax further disclaims any warranty of quality, merchantability, fitness for a particular purpose, title, or non-infringement. Enso Wax does not warrant that the Services or Content are error-free, uninterrupted, secure, free of viruses, accurate, or complete. Enso Wax reserves the right to change, update, or discontinue the Services without notice. These disclaimers apply to the fullest extent permitted by law and survive termination or expiration of these Terms or your use of the Services.

11. Limitation of Liability and Release

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising from your access to and use of the Services, Products, and Content remains with you. In no event shall Enso Wax or its affiliates or subsidiaries, or any other party involved in creating, producing, or delivering the Services or Content, or any of Enso Wax or their respective directors, officers, shareholders, employees, agents, licensors, or representatives (collectively, “Representatives”) be liable to you or any other person or entity for any damages, whether direct, indirect, special, incidental, consequential, punitive, or otherwise, arising out of or in connection with the Services or any Content, or any link or connection provided by the Services, whether or not Enso Wax has been advised of the possibility of such damages and whether based upon warranty, contract, tort (including negligence), civil liability, strict liability, violation of statute, or otherwise. Enso Wax will not be liable for any damages arising from transactions between you and third-party merchants or for any information appearing on third-party merchant sites or any other site linked to our site. In any event, to the fullest extent permitted by applicable law, Enso Wax and its Representatives’ aggregate liability arising out of or in connection with these Terms, the Services or Products will not exceed the amount paid for the specific Product or service to which the claim relates or, if the claim does not relate to a paid Product or service, $100. These limitations are fundamental and material elements of the basis of the bargain between Enso Wax and you and will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law. The foregoing shall constitute Enso Wax’s sole liability and obligation, regardless of the form of action.

If you participate in an in-person or online Enso Wax experience (e.g., a candle-making class or demonstration) (“Experience”), you expressly acknowledge that such Experience may involve risks such as physical injury or negative health impacts (e.g., allergies). You expressly assume these risks if you participate in an Experience and acknowledge that you voluntarily choose to participate despite such risks. You further waive and release Enso Wax and its Representatives from any and all liability, claims, costs, and expenses of any kind and of whatever nature which may later accrue, caused by or arising directly or indirectly from your participation in an Experience, including, without limitation, any injuries suffered while participating in an Experience or practicing what you learned through Experiences on your own time, any injuries to other persons, and any property damage that may occur as a result of your engaging in an Experience.

You hereby release Enso Wax and their successors from, and covenant not to sue for, claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site and/or Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Site and/or Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or the released party.”

12. Indemnity

To the full extent permitted by applicable law, you agree to indemnify, defend, and hold Enso Wax and its Representatives harmless from and against all claims, losses, actions, penalties, liabilities, damages, costs, and expenses, including without limitation, lawyers’ and experts’ fees and disbursements, in connection with or arising out of: (i) your use of or access to the Services, Products, or Content, (ii) your exposure to Content or User Content or Feedback, (iii) the use by any other persons accessing any Services using your account or account login; (iv) your violation of the Terms, including the Privacy Policy or of an applicable law; (v) your submission, posting, or transmission of User Content to the Services and our use thereof; or (vi) your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will fully cooperate with us in asserting any available defenses. You may not settle any claim contemplated under this Section 12 without the prior written consent of Enso Wax.

13. Modification and Termination

13.1 Modification of Services and Prices: Except where not permitted by applicable local legal requirements, Enso Wax reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), including the Products and their prices, with or without notice. Enso Wax shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

13.2 Termination: We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate; however, certain provisions of these Terms will still apply post-termination, including without limitation, and as applicable, the Mandatory Arbitration and Class Action Waiver provisions and Sections 11 and 12. Termination of your use or access to the Services may also include, at Enso Wax’s sole discretion, the deletion of your account and/or User Content, and you will not be able to retrieve any information related to your account except as required by applicable law. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Enso Wax and its Representatives harmless from any and all liability that Enso Wax or any of its Representatives may incur with respect thereto.

Except as otherwise provided in the Privacy Policy or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Services, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, or any other information that we may have that relates to you.

13.3 If we become aware of any possible violations of the Terms, or if we determine that you breach any portion of the Terms, we reserve the right to (without limitation) also: refer the matter to and cooperate with any and all applicable legal authorities; disclose any information to law enforcement authorities as we reasonably feel is necessary and/or in order to comply with applicable law, legal processes or governmental requests; issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs); issue a warning to you; investigate your behavior; and temporarily or permanently deactivate or suspend access to your Account or your right to use the Site. We exclude our liability for all actions we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

14. Mandatory Arbitration and Class Action Waiver for Residents of the United States

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION ONLY APPLIES TO RESIDENTS IN THE UNITED STATES.

14.1 Application

You and Enso Wax agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 14 is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including your purchase and use of any Product or Services; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

14.2 Initial Dispute Resolution

Most disputes can be resolved without resorting to arbitration. Before taking any formal action, you will contact us at info@ensowax.com and provide your name, a brief, written description of the dispute, your contact information, and a description of the specific relief you seek. Before we take any formal action against you, we will notify you via the contact information we have on file associated with your account/purchase with a brief description of the dispute and next steps. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

14.3 Binding Arbitration

If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided in section 14.8) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach) shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.

14.4 Arbitrator’s Powers

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator’s award shall be written and shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

14.5 Filing a Demand

To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) contact JAMS and follow the appropriate procedures with JAMS to commence the arbitration; (c) send one copy of the Demand for Arbitration to us at info@ensowax.com.

Payment of all filing, administration, and arbitrator fees will be governed by JAMS’ applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Tampa, Florida, United States, and you and Enso Wax agree to submit to the personal jurisdiction of any federal or state court in such location, with such federal or state court applying the laws of the State of Florida, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

14.6 Waiver of Class or Non-Individualized Relief

By entering into these Terms, you acknowledge and agree that, with respect to any claim(s) within the scope of this arbitration agreement, you and Enso Wax are each waiving the right to bring, join, or participate in, either as a plaintiff or class member, in any purported class, collective, or representative action or proceeding. You also acknowledge and agree that, unless you and Enso Wax otherwise agree in writing, any arbitration of any claim(s) within the scope of this arbitration agreement will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. You further acknowledge that the arbitrator may award relief only in your favor and only to the extent necessary to provide relief necessitated by your individual claim(s), and any relief awarded cannot affect other Enso Wax customers. The arbitrator may not consolidate more than one person’s claims or engage in any class, collective, or representative arbitration. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then that claim for relief, and only that claim for relief, must be severed from the arbitration and brought into the state or federal courts located in Tampa, Florida. All other claims shall be arbitrated.

14.7 Waiver of Jury Trial

By entering into these Terms, you and acknowledge and agree that, with respect to any claim(s) within the scope of this arbitration agreement, you and Enso Wax are each waiving the right to a trial by jury.

14.8 Exception: Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may seek injunctive or other equitable relief or bring enforcement actions, validity determinations, or claims arising from or relating to the unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

14.9 30-day Right to Opt Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to info@ensowax.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT OUT,” including your first and last name, email address associated with your account, and stating your intent to opt out. The notice must be sent within thirty (30) days of either (a) the effective date of these Terms; or (b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Enso Wax also will not be bound by them.

14.10 Changes to this Section

If we make any material changes to this Section 14, you may reject any such change by sending us written notice within 30 days of the change to the contact information set forth in Section 14.9. It is not necessary to send us a rejection of a future change to the Arbitration and Class Action Waiver section of these Terms if you had properly opted out of this Section within the first 30 days after you first accepted these Terms. If you have not properly opted out of this Section after such first 30 days, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject. This notification affects these Terms only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and us.

14.11 Severance of Arbitration Agreement

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement.

14.12 Survival

This Section shall survive any termination of the Terms or of your use of the Services. This Arbitration Agreement will continue to apply even if you or we close your Enso Wax account.

14.13 Federal and State Courts in Los Angeles

Except to the extent that arbitration is required, and except as to the enforcement of any arbitration decision or award or with respect to excluded claims set forth in Section 14.8, any action or proceeding may only be instituted in state or federal court in Los Angeles County, California. Accordingly, you and Enso Wax consent to the exclusive personal jurisdiction and venue of such courts for such matters.

15. Text Messaging

15.1 Text Messaging Consent and Terms

By using the Services, you agree that Enso Wax and those acting on our behalf may, in certain circumstances, send you recurring automated text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. You acknowledge and agree that your voluntary provision to Enso Wax of your phone number when collected for purposes of promotional and marketing text messages, whether that election is made via an opt-in checkbox, submitting your phone number to a designated form, requesting enrollment via text message, or another method, represents your consent that Enso Wax (or its messaging service provider) may contact you by telephone, SMS, or MMS messages at that phone number for marketing and promotional purposes.

You may opt-out of receiving marketing text messages at any time by texting STOP to any text message from us or sending an email to info@ensowax.com, indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request. You acknowledge that our text messaging platform may not recognize and respond to unsubscribe requests that do not include the “STOP” keyword command and agree that Enso Wax and its service providers will have no liability for failing to honor such requests. If you do not want to receive operational text messages from us, do not use the Services. If you unsubscribe from one of our text message programs, you further acknowledge that you may continue to receive text messages from Enso Wax through our other text message programs you may have joined until you separately unsubscribe from those programs. For example, if you unsubscribe from receiving promotional and marketing text messages, you may still receive text messages about your account or orders for transactional, operational, or informational purposes unless you unsubscribe from those text messages as described above, and even in such event, you may still receive individual texts from our third-party delivery partners to enable successful delivery of your order. Text the keyword HELP to our shortcode to return customer care contact information.

Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or use of the Services. Carriers, text messaging platforms, and Enso Wax are not liable for delayed or undelivered messages. You verify that the phone number provided to us is true and accurate and that you are the current subscriber or owner of the phone number that you provided. If you change or deactivate the phone number you provided to us, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile network operator for details. Message frequency may vary. Enso Wax reserves the right to change the short code or phone number from which messages are sent, and we will notify you when we do so.

15.2 E-SIGN Disclosure

By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending a message to info@ensowax.com. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such a device. For a free paper copy, or to update our records of your contact information, please contact us via info@ensowax.com with contact information and the address for delivery.

16. Controlling Law

These Terms and their subject matter, and any actions relating thereto, shall be construed in accordance with and governed by the laws of the State of Delaware without regard to its conflicts of law principles. Except as provided in the mandatory arbitration Section 14 above, any dispute arising out of these Terms or the use of the Services shall be initiated and conducted in the state or federal courts of Los Angeles, in the State of California, and you and Enso Wax consent to the exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

The parties agree that most disputes can be resolved without resorting to formal legal action. Therefore, before taking any formal action, you agree to contact us at info@ensowax.com, and provide your name, a brief, written description of the dispute, your contact information, and a description of the specific relief you seek. Before we take any formal action against you, we will notify you via the contact information we have on file associated with your account/purchase with a brief description of the dispute and next steps. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

17. General Terms

17.1 Limited Time to File Claims

To the fullest extent permitted by applicable law, you agree that any cause of action arising out of or related to these Terms or the Services, including the Products, must be commenced by you or Enso Wax within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred, which means that you will no longer have the right to assert such claim regarding the dispute.

17.2 Force Majeure

Under no circumstances will Enso Wax be liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of transportation facilities or other supply chain shortages, fuel, energy, labor, or materials, fires, floods, storms, explosions, acts of God, pandemics, epidemics, war (whether or not declared), acts of civil or military authorities, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

17.3 No Waiver

If Enso Wax fails to insist that you perform any obligations under these Terms, or if Enso Wax does not enforce our rights against you, or if Enso Wax delays in doing so, that will not mean that Enso Wax has waived such rights and will not mean that you do not have to comply with your obligations. If Enso Wax does waive a failure or breach by you, Enso Wax will only do so in writing, and that will not mean that Enso Wax automatically waives any future failure of breach by you.

17.4 Severability

Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining provisions will remain in full force and effect, and the impacted provision will be limited to the minimum extent necessary.

17.5 Third-Party Beneficiaries

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

17.6 Entire Agreement

These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Enso Wax and supersede any prior and contemporaneous agreements between you and Enso Wax on the subject matter, except as expressly provided herein. These Terms supersede any terms and conditions which you include in any purchase order, confirmation of order, or other document.

17.7 Assignment

These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Enso Wax without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.

17.8 Modification

Any variation of these Terms will be binding on us only if agreed in writing by you and an authorized representative of Enso Wax.

17.9 No Agency

No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms, and you shall have no right or authority to assume or create any obligations or to make any representations on behalf of Enso Wax or to bind Enso Wax in any respect.

17.10 Headings

Headings and subheadings in these Terms are for convenience only and have no legal or contractual effect.

17.11 Survival

Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.

17.12 Consumer Complaints

In accordance with California Civil Code §1789.3, if you are a California resident you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market Blvd., Ste. N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

17.13 Notices

We may deliver notice to you by email listed on your account or order, posting a notice on the Services, or any other method we choose, and such notice will be effective on dispatch. In the event that the last e-mail address you provided to Enso Wax is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, you agree that Enso Wax’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. If you give notice to us, it will be effective when received by us at info@ensowax.com.

17.14 Languages

The official language of these Terms exclusively shall be, and all communications and agreements between Enso Wax and you and any proceedings in connection with these Terms and/or your use of the Services, exclusively shall be made in the English language. Enso Wax and you waive any rights we may have under any other laws to have these Terms written in another language, and any translation of these Terms will be for convenience only.

18. Copyright Policy

Enso Wax respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Enso Wax will respond to valid notices of copyright infringement and reserves the right to terminate any users, at Enso Wax’s sole discretion and without notice, who infringe copyrights or other intellectual property rights.

If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Enso Wax’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which Enso Wax may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Deliver the notice, with all items completed, to Enso Wax’s Designated Copyright Agent at info@ensowax.com.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the removed content, you may send a written counter-notice containing the following information to Enso Wax’s Designated Copyright Agent: (a) an electronic or physical signature; (b) a description of the material that was removed, including the location of such material on the Services; (c) complete contact information, including your name, title, address, telephone number, and email address; (d) a statement, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (e) a statement that you consent to the jurisdiction of a federal court located in Los Angeles, California, and a statement that you will accept service of process from the person or agent of such person who provided notification of the alleged infringement.

Upon receipt of a valid counter-notice, Enso Wax will forward it to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

19. Contact Us

If you have any questions about these Terms, please contact us at: info@ensowax.com.