Date of Last Revision: December 27, 2017

These terms of use are entered into by and between You and ESCHR Holdings LTD, its subsidiaries and affiliates ("Company", "we" or "us"). If you have any questions about these terms and conditions, or anything else, please contact us at info@eschr.com.

1. In order to use our Site, you must agree to our terms and conditions ("Terms and Conditions," "Terms of Use," or "Agreement") that contain many things that you should carefully review. By using our Site, making a purchase (whether through the Site, fax, e-mail, phone, mail, or otherwise) (hereafter collectively "order" or purchase"), or making an inquiry about any matter pertaining to us, you ("You" or "Your") agree to the terms and conditions provided herein. If you do not wish to agree to the Terms and Conditions, please refrain from using the Site.
2. The Company reserves the right to change these Terms of Use in the Company's sole discretion, without prior notice to You. the Company requests that You periodically review our Terms of Use to stay informed of any changes. If the Company amends our Terms of Use and You continue to use the Site, make a purchase, or make an inquiry pertaining to the Company, You are agreeing to the Terms of Use as updated.
3. This Agreement sets forth the terms and conditions that apply to the use of this Site and also governs all aspects of the relationship between You and the Company. By using this Site, making a purchase, or making an inquiry with the Company, You agree to comply with all of the terms and conditions herein. You understand that sometimes there are interruptions in service or events (whether on the Site or otherwise) that are beyond the control of the Company, and the Company shall not be responsible for any losses stemming from such occurrences or otherwise. You acknowledge and agree that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, or terminated from time to time. the Company retains the right, at any time, to change, modify in any way, or discontinue any aspect of the Site, including, but not limited to availability and/or content.
4. The Company reserves the right at any time to terminate or alter any of our Terms of Use in the Company's sole discretion, without prior notification to You. Such modifications may contain, among other matters, changes to the Company's addition of fees or charges. Again, the Company requests that You periodically review these important Terms of Use to stay informed of any changes. If the Company changes its Terms of Use and You continue to use the Site, make purchases from the Company, or make inquiries with the Company, You are agreeing to the Terms of Use, regardless of any amendments. In no way, shall the Company be liable for any damages resulting from use of the Site, including, but not limited to Your equipment. All usage on this Site must comply with the Terms of Use. the Company strictly requires that all usage of the Site be for lawful purposes only. Any conduct by You that, in the Company's sole determination, is unlawful or offensive may result in the Company's banning Your use of the Site.
5. All content included on the Site, including but not limited to text, lists, graphics, logos, images, pictures, clips, video, data, software and other material (collectively "Content"), is owned or licensed property of the Company or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. The arrangement, collection, and assembly of all Content on the Site is the exclusive and restricted property of the Company and protected by U.S. and/or international copyright laws. You agree not to copy or in any way harvest the Content without the prior express written consent of the Company. The Company, and its suppliers and licensors, expressly reserve all intellectual property rights. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of the Company's or any third party's intellectual property rights.
6. The Site may contain links and collaborative functionality interacting with the sites of third parties, including but not limited to product manufacturers, translation services, and/or suppliers. the Company is not responsible for and has no liability for use of any such website(s). Any links and collaborative functionality with/for third party sites on the Site in no way constitute an endorsement by the Company of any third party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
7. Any software, including without limitation, any information, data, files, images generated by the software, code, and data associated with the software (collectively, "Software"), used or accessible through the Site may only be used by You exclusively for using this Site for purposes expressly stated in these terms and conditions, provided that such uses are not competitive with or derogatory to the Company. the Company retains complete title to all intellectual property rights in the Software. You agree not to alter, copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create any derivative works from anySoftware.
8. The Site may only be used for lawful purposes. As a condition of Your use of the Site, You promise that You will not use the Site for any purpose that is unlawful or prohibited by the Terms & Conditions. Behaviors that are prohibited include, but are not limited to, interfering or tampering with the Site, misrepresenting Your or another's identity, or conducting any unlawful or fraudulent activities on the Site. You are forbidden from violating or attempting to violate the Site's security, including, without limitation:
   • (a) using the Site for improper or unintended purposes or trying to change the functionality or behavior of the Site;
   • (b) accessing data orinformation not intended for You or logging onto a server, account, or other area that You are not authorized to access;
   • (c) interfering or attempting to interfere with service to any user, host or network, including without limitation via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"
   • (d) attempting to scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
   • (e) faking any part of the header information in any e-mail or posting;
   • (f) falsifying communications on behalf of the Site (impersonating the Site) or to the Site (impersonating another user),
   • (g) using any device, software or method to try to interfere with the proper working of the Site or any activity being conducted on or with connection of the Site. You agree not to use or attempt to use any device, mechanism, or process (including without limitation browsers, spiders, or intelligent agents) to navigate or search the Site other than through the search mechanisms provided by the Company or browsers made generally available to the public. Violations of system or network security may result in civil and/or criminal liability.
9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, OR ANY INDIVIDUAL ASSOCIATED WITH THE COMPANY WARRANT OR REPRESENT THAT USE OF THE SITE WILL BE WITHOUT ERROR OR INTERRUPTION; THE COMPANY DOES NOT MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE. THE SITE AND EVERYTHING MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESSED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE YOU UNDERSTAND THAT THE COMPANY ASSUMES NO RESPONSIBILITY FOR AND MAKE NO REPRESENTATION, WARRANTY AS TO THE CORRECTNESS, ACCURACY, CURRENCY, COMPREHENSIVENESS, TRUSTWORTHINESS OR USEFULNESS OF ANY CONTENT OR OF ANY PRODUCTS DISTRIBUTED OR MADE AVAILABLE THROUGH THE SITE. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR NEEDS, REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY DATA OR INFORMATION OBTAINED THROUGH THE SITE. THE COMPANY ASSUMES, AND YOU AGREE THAT THE COMPANY HAS, NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER, INCLUDING, BUT NOT LIMITED TO, DAMAGE STEMMING FROM LOSS OF DATA, DAMAGE STEMMING FROM NONDELIVERIES, DAMAGE STEMMING FROM ERRORS, DAMAGE STEMMING FROM SYSTEM DOWN TIME, DAMAGE STEMMING FROM MISDELIVERIES OF CONTENT OR EMAIL, DAMAGE STEMMING FROM NETWORK OR SYSTEM OUTAGES, DAMAGE STEMMING FROM FILE CORRUPTION, OR DAMAGE STEMMING FROM SERVICE INTERRUPTIONS CAUSED IN ANY WAY BY THE COMPANY, ITS AFFILIATES, ITS LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE COMPANY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, ACQUIRED BY YOU FROM THE COMPANY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY STATED IN WRITING.
10. LIMITATION OF LIABILITIES. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL THE COMPANY, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND/OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN ARISING IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) THE USAGE OR INABILITY TO USE THE SITE, INFORMATION OR TRANSACTIONS PROVIDED ON THE SITES, OR (b) ANY CLAIM ARISING FROM MISTAKES, ERRORS, OMISSIONS, OR OTHER INACCURACIES ON THE SITE PERTAINING TO, INCLUDING, BUT IN NO WAY LIMITED TO INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE, (c) COSTS OF OBTAINING OF ALTERNATE OR SUBSTITUTE GOODS RESULTING FROM ANY PRODUCTS, INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (d) UNSANCTIONED ACCESS TO OR MODIFICATION OF YOUR TRANSMISSIONS OR INFORMATION; (e) STATEMENTS OR BEHAVIOR OF ANY THIRD PARTY ON THE SITE; (f) DELAY/FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF G-D, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (g) ANY OTHER ISSUE RELATING TO THE SITE, EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN NOTIFIED OF THE PROSPECT OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISPLEASURE WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN WARRANTIES AS SET FORTH ABOVE, AS SUCH THIS LIMITATION MAY NOT BE APPLICABLE TO YOU. IF ANY PART OF THIS DISCLAIMER IS FOUND TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, THEN THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS($100).
11. Should a supplier or service provider of the Company's fail to perform to the Company in any way, whether price related or otherwise, You agree to hold the Companycompletely harmless for such failure to perform
12. You may not transfer or assign any rights or obligations You have under these Terms and Conditions without the Company's explicit prior written consent. the Company reserves the right to transfer or assign any rights it possesses or may possess under these terms and conditions at any time.
13. By providing the Company Your telephone number(s), including but not limited to mobile telephone numbers, You agree that the Company may contact You for any reason in its discretion, including but not limited to customer service and marketing communications. Such methods of contact may include, but is not limited to SMS messages (i.e., text messages.) By providing Your address(es), including electronic mail addresses, You agree that the Company may contact You for any reason in its sole discretion. Should You wish to no longer receive messages from the Company, please e-mail the Company at info@eschr.com and request to be removed from the Company's contact list.
14. The Company may, in its sole and exclusive discretion, terminate your account and/or your use of the Site at anytime. You are liable for any orders that You place or charges that you incur preceding such termination.
15. BINDING INDIVIDUAL ARBITRATION. Do not use the Site, use the software on the Site, place an order, or make an inquiry with the Company if you do not agree to all of these terms and conditions, including this paragraph. "Dispute" means any dispute, claim, or controversy between You and any the Company regarding any issue whether based in contract, regulation, ordinance, statute, tort (including, but not limited to negligence fraud, misrepresentation, fraudulent, or inducement), or any other legal or equitable theory, and includes the validity, enforceability or scope of this paragraph. "Dispute" is to be given the broadest and widest possible meaning. You agree to seek resolution of the Dispute in accordance with the terms of this paragraph, and not litigate any Dispute in court, except as provided herein. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
    • (a) YOU AND THE COMPANY AGREE THAT ANY CLAIM FILED BY YOU OR BY THE COMPANY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS PARAGRAPH.
    • (b) CLASS ACTION WAIVER. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE COMPANY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
    • (c) Initiation of Arbitration Proceeding/Selection of Arbitrator. If You or the Company elect to proceed with arbitration, the party initiating the arbitration proceeding may initiate it only with the American Arbitration Association ("AAA"). The terms of this paragraph govern in the event they conflict with the rules of the arbitration organization selected by the parties.
    • (d) Arbitration Procedures. The Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
    • (e) The arbitration will take place in Detroit, Michigan USA. Michigan law will govern all disputes, without regard to conflict of law principles.
    • (f) If any clause within this paragraph 15, except 15(b), is found to be unenforceable, that clause will be severed from this paragraph, and the remainder will be given full force and effect. If 15(b) clause is found to be unenforceable, this entire paragraph 15 will be unenforceable, and the dispute will be decided by a court in Detroit, Michigan, USA. You and the the Company agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
    • (g) This Section 21 shall survive any termination of these terms and conditions, or Your relationship with the Company.
    • (h) DO NOT USE THE COMPANY'S SITE IF YOU DO NOT AGREE TO THIS PARAGRAPH.
16. You agree to defend, indemnify and hold harmless the Company, its respective officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Site by You.
17. INFORMATION GATHERED BY THE COMPANY. the Company collects certain information from You including when You use the Site or when You interact with the Company personnel, create an account with the Company, visit the Site, and whenever You provide the Company with information. the Company may store information regarding You including but not limited to Your name, addresses, phone numbers, credit card/debit card numbers, your ordering/return information, your Internet protocol address, and Site viewing/traffic information.
18. You agree that by using our Site you have agreed to not only this paragraph, but all terms and conditions herein. Do not use our Site if you do not agree. You acknowledge that although the Company strives to maintain safeguards to protect Your personal data, the Company cannot ensure the security or privacy of information You provide through the Internet. You agree to release us, any parent, any subsidiaries and affiliated entities and ours and their shareholders, officers, directors, employees and agents, successors and assigns from all claims, demands, damages, losses, liabilities of every kind, know and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way related to the theft, release, or use of such information by third parties, including, but not limited to a data breach. If you are a California resident, you waive California Civil Code Section 1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
19. Cookies. the Company uses cookies, web beacons, and other technologies to obtain and store certain information whenever You interact with the Site. Such information includes, but is not limited to the pages You visit on our Site, which web address You came from, and which Internet browser You are using. This information is gathered so as to assist us in making our website function at a high level and also to help us in our marketing and business efforts. In order to improve on our customer experience, the Company also uses this information for reporting and analysis purposes.
20. The Company uses Your information for multiple purposes including, but not limited to sales and sales fulfillment, marketing, internal operations, preventing fraud, and other legal compliance issues. We may share Your information within the Company, with outside entities that provide the Company services (including marketing), with others when complying with legal obligations, and with You upon request. the Company maintains technical, administrative, and physical safeguards to protect Your information. By interacting with the Company, You agree to the collection of and use of Your data that is collected in these Terms of Use.
21. Biometric Information. Your biometric identifiers and information, including a scan of Your face, will be collected, stored and used by the Company for the purpose of identifying image matches within photographs. Your biometric identifiers and information will not be disclosed by the Company without your consent unless the disclosure is required by law or by subpoena. Your biometric identifiers and information will be permanently deleted from the Company's systems no later than three years after your last use of the Site. A copy of the Company's Biometric Information Security Policy is available upon request and the Company's website at the following address: www.eschr.com/bipa/. By using the Site, You agree and consent to the Company's collection, use, and storage of Your biometric identifiers and information for the above defined purpose.
22. You agree that You are responsible for payment of all purchases made by You. You agree that any credit card on file may be used to satisfy any debt owed to the Company. In the event payment is not timely made, interest / finance charges will accrue at the highest rate allowed by law on all past due amounts. You also agree to pay all costs and expenses associated with collection of the account, including but not limited to, reasonable attorney's fees in the event the account is placed with an attorney for collection or suit. You agree to pay all amounts due and owing for purchases at the offices of the Company.
23. These Terms and Conditions constitute the entire understanding and agreement between the Company and You with respect to the subject matter hereof. No waiver by either the Company or You of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. Any paragraph headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.