Aeon Laser USA Terms of Purchase and Service

Last Updated: May 1, 2023

Welcome, and thank you for your interest in Engraving Machines Plus, Corp (“Engraving Machines Plus”, “EMP”), dba Aeon Laser USA (“Aeon Laser USA,” “we,” or “us”) and our website at aeonlaser.us and subdomains including shop.aeonlaser.us, along with our related websites, networks, software applications, and hardware products and accessories. These Terms of Purchase and Service are a legally binding contract between you and Aeon Laser USA regarding your purchase of any Product from Aeon Laser USA (defined below).

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING ON THE “BUY”, “BUY NOW”, “ADD TO CART”, “PAY NOW”, “CHECKOUT”, OR OTHER SIMILAR BUTTON TO MAKE A PURCHASE, OR BY CLICKING “I ACCEPT,” “I AGREE”, OR BY DOWNLOADING OR INSTALLING SOFTWARE OR DIGITAL PRODUCTS, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR PURCHASES, YOU AGREE TO BE BOUND, BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS”).

IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU SHOULD NOT PURCHASE ANY PRODUCT. YOUR PURCHASE OF A PRODUCT AND AEON LASER USA’S PROVISION OF ANY PRODUCT CONSTITUTES AN AGREEMENT BY AEON LASER USA AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 6.7, you agree that disputes arising under these Terms (including any dispute arising from your purchase or use of the Product) will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND AEON LASER USA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 6.7)

 

SECTION 1 - DEFINITIONS

The following definitions apply throughout these Terms:

1.2 “Content” means messages, reviews, comments, images, data, text, and other types of media.

1.3 “Feedback” means input and suggestions made to Aeon Laser USA regarding any matter, including any aspect of a Product or Service.

1.4 “Aeon Laser USA Content” means Content owned by Aeon Laser USA or licensed by Aeon Laser USA from a third party under license terms other than these Terms.

1.5 “Laser Projects” means a physical object that incorporates some or all of Aeon Laser USA Content

1.6 “Educational Materials'' means materials provided by Aeon Laser USA to assist customers with the use and maintenance of its products. These materials include the “Knowledge Base”, “FAQ”, “Instant Answers” chat widget, videos, and user manuals.

1.7  “Product” means Engraving Machines Plus’s hardware products, including those branded as "Aeon Laser",  "EMP Laser" and related spare parts, materials, and accessories.

1.8 “Service” means Aeon Laser USA’s online store, which allows access to make additional purchases and stores Content.

1.9 "Customer", "You" and "Your" refers to you, the person using this website and compliant to Aeon Laser USA’s terms of purchase and service.

 

 

SECTION 2 - OVERVIEW

2.1 Overview. Aeon Laser USA makes available Products that enable users to create Laser Projects. To order a Product, you must register for an account. 

2.2 Eligibility.

2.2.1 Service. You must be at least 13 years old to use the Service. If you are under 18, you must have the consent of your parent or guardian on your behalf and only use the Service under their direct supervision. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations.

2.2.2 Purchases. You must be at least 18 years old to make purchases from Aeon Laser USA. By making a purchase from Aeon Laser USA, you represent and warrant to us that you are at least 18 years old.

2.2.3 Entity Users. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

2.3 Accounts and Registration. To purchase a Product, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password.

2.4 User Accounts. Each user must have their own account, must have no more than one account, and also agrees to not allow others to use their account. If any person, other than yourself, uses your account, you will be in violation of these Terms and we may take such measures as we deem necessary in our discretion, including termination of your account with us. If you believe that your account is no longer secure, then you must immediately notify us.

2.5 Use of Products. You represent that each Product you purchase is for your own use and not for resale. Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction, including air quality laws, noise control laws, and other health and safety laws. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. For example, Aeon Laser USA makes units available with the option to add a fume extractor, but you are still responsible for determining whether the fume extractor meets any standards required by the laws in your jurisdiction. You may request information about the Product from Aeon Laser USA to assist you in making your determination, but Aeon Laser USA may not have such information available and will not be liable for errors in that information or for your determination. If you do not have sufficient information to determine whether your use of the Product will comply with all applicable laws, regulations, and ordinances, then you should not purchase the Product. You must also use each Product in strict accordance with the applicable user documentation. Aeon Laser USA will not be liable for your inability to use any Product.

2.6 Privacy Policy. Please read the Aeon Laser USA Privacy Policy posted at https://aeonlaser.us/privacy  carefully for information relating to our collection, use, storage and disclosure of your personal information.

 

SECTION 3 - TERMS APPLICABLE TO THE SERVICE

3.1 Licenses. Feedback. If you choose to provide Feedback, then you hereby grant Aeon Laser USA an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Products, and to create other products and services.

3.2 Your Content. No Responsibility of Aeon Laser USA. Aeon Laser USA is under no obligation to make available, edit, or control Content that you post, publish, or create, and will not be in any way responsible or liable for your Content. Aeon Laser USA may, however, at any time and without prior notice, screen, remove, edit, or block any Content that in our sole judgment may not be compatible with our Products, violate these Terms, or is otherwise objectionable.

3.3 Educational Materials Disclaimer.

3.3.1 While Aeon Laser USA strives to ensure that the information provided in its Educational Materials is accurate and up-to-date, it does not guarantee the completeness, accuracy, reliability, suitability, or availability of any information contained in these materials.

3.3.2 By using Aeon Laser USA's Educational Materials, you acknowledge and agree that you are doing so at your own risk and that Aeon Laser USA shall not be liable for any damages, losses, costs, or expenses arising from or in connection with your use of such materials.

3.3.3. You acknowledge that the use of Aeon Laser USA's products and the implementation of any advice or suggestions contained in the Educational Materials requires skill and expertise and that you are solely responsible for obtaining and maintaining such skill and expertise.

3.3.4 In no event shall Aeon Laser USA be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Educational Materials or any information contained therein, even if Aeon Laser USA has advised of the possibility of such damages.

3.4 Prohibited Conduct. 

BY USING THE SERVICE YOU AGREE NOT TO:

3.4.1 Use the Service for any illegal purpose or in violation of any local, state, national, or international law;

3.4.2 Use the Product to design or manufacture any dangerous or illegal material, or in any way that may cause physical harm to a person or animal or damage any property;

3.4.3 Use the Product other than intended as described in Aeon Laser USA’s or Engraving Machines Plus’s user manuals and the instructions found on Aeon Laser USA’s websites, software packages, and mobile applications;

3.4.4 Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

3.4.5 Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other user account without permission, providing incorrect information when creating or modifying a user account, or falsifying your age or date of birth;

3.4.6 Sell or otherwise transfer the access to the user account granted under these Terms or any materials available via the user account or any right or ability to view, access, or use any material available via the user account;

3.4.7 Attempt to do any of the acts described in this Section 3.4, create tools to facilitate the acts described in this Section 3.4, or assist any person in engaging in any of the acts described in this Section.

3.5 Third Party Terms.

3.5.1 Third-Party Services and Linked Websites. Aeon Laser USA may provide tools through the Service that enable you to export information, including Content, to third party services, including through features that allow you to link your account on Aeon Laser USA with an account on the third party service, such as Twitter for Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under Aeon Laser USA’s control, and Aeon Laser USA is not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

3.5.2 Third Party Software. The Service may include or incorporate third party software components, which may be subject to additional third-party terms, or may be licensed directly from third parties. Aeon Laser USA is not responsible for any third party software components.

3.5.3 Third Party Content. The Service may include Content licensed by Aeon Laser USA from third parties, which may be subject to additional third-party terms. Aeon Laser USA is not responsible for any third party Content.

3.6 Term, Termination of Use; Discontinuation and Modification of the Service. In connection with the Service these Terms will cease to apply when terminated as described in this Section. You may terminate your account at any time by contacting customer service. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Aeon Laser USA may in its sole discretion suspend or terminate your access to the Service, or portions of the Service, during an investigation of a violation of these Terms. Aeon Laser USA’s determination that a violation has occurred will be in its sole and absolute discretion. Upon Aeon Laser USA’s determination that a violation has occurred, Aeon Laser USA may immediately terminate your access to the Service or portions of the Service. Upon termination of these Terms: (a) you will no longer have access to your account; (b) you must pay Aeon Laser USA any unpaid amount that was due prior to termination; and (c) all payment obligations accrued prior to termination will survive. Aeon Laser USA also reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Aeon Laser USA will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.

3.7 Additional Service Terms Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Service Terms”), such as end-user license agreements for any downloadable files, user manuals, or rules, instructions, or directives that apply to Aeon Laser USA Content or a particular feature on the Service, subject to Section 6.2. All Additional Service Terms are incorporated by this reference into, and made a part of, these Terms.

 

SECTION 4 - PURCHASES

4.1 Product Availability. Purchases of the Product are subject to estimated availability at the time of purchase as described on the Aeon Laser USA website and all delivery updates pertaining to said Products will be solely communicated through email. All ETAs are subject to change given the ever changing state of supply chains. DO NOT make commitments or career changes based on today's ETA. Delays are not out of the ordinary.

4.2 Pricing. Aeon Laser USA reserves the right to determine pricing for the Product, Service, and Content, as well as charges for shipping the Product. Aeon Laser USA will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Aeon Laser USA, at its sole discretion, may make promotional offers with different features and different pricing to any of Aeon Laser USA’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. All orders for the Product must be paid in full, including shipping, prior to delivery by Aeon Laser USA of the Product to you. Aeon Laser USA reserves the right to suspend delivery and performance until full payment is received.

4.3 Shipping Charges. See Aeon Laser USA’s Shipping Policy posted at https://aeonlaser.us/shipping-policy. 

4.4 General Payment Terms. In order for your offer to purchase a Product to be eligible for Aeon Laser USA’s acceptance, you must pay the amount for the Product elected by you as set forth on the relevant payment page by credit card through Shopify or another payment method designated on our website. Offline purchases can be made over the phone via credit card, wire transfer or electronic check. Payment does not guarantee acceptance by Aeon Laser USA. All prices and fees are in U.S. Dollars and are non-refundable except as expressly described in these Terms.

4.5 Authorization. You authorize Aeon Laser USA to charge all sums for the orders that you make as described in these Terms or published by Aeon Laser USA, to the payment method specified in your account. If you pay any fees with a credit card, Aeon Laser USA may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

4.6 Online Payment Transactions. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. Aeon Laser USA is not responsible for this.

4.7 Product Orders. Your order constitutes an offer to purchase a Product, and all orders are subject to Aeon Laser USA’s acceptance. Except to the extent prohibited by applicable law, Aeon Laser USA may accept, decline, or place limits on your order for any reason. You do, however, acknowledge that by clicking on the “Buy”, “Buy Now”, “Add to Cart”, “Pay Now” or other similar button, you enter into an obligation to pay for the Product. 

4.8 Export Control. You represent that you will not export, re-export, or transfer indirectly or directly any Product outside of the United States without obtaining written consent from Aeon Laser USA.. Without limiting the immediately preceding sentence, you will not export, re-export, or transfer directly or indirectly any Product to: (i) an embargoed/terrorist supporting country, including Cuba, Iran, North Korea, Syria, Sudan, or any other such country as determined by the U.S. government; (ii) a person or entity barred by the U.S. Government on export activity lists, including persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List; or (iii) any destination for an end use that is prohibited by applicable law. You will defend and hold Aeon Laser USA harmless against all claims, damages, or liability resulting from breach of the foregoing.

4.9 Product Delivery. Aeon Laser USA will attempt in good faith to deliver the Product in accordance with your order or any other schedule Aeon Laser USA may provide to you when placing the order, but Aeon Laser USA will not be responsible or liable for any delays or failure in such delivery. Aeon Laser USA expressly reserves the right to effect delivery of the Product ordered in any number of separate shipments, and the modes of transport and carriers will be decided at Aeon Laser USA’s discretion. During any period of shortage, Aeon Laser USA may allocate its supply of the Product in any manner Aeon Laser USA deems appropriate. Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that our designated carrier may not be able to deliver there, and may need to collect additional shipping charges to subcontract services from a third party carrier. If that is the case, the carrier will notify you once your shipment has arrived at the nearest shipping hub. Orders cannot be delivered to an APO, PO Box or similar addresses. Aeon Laser USA will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond Aeon Laser USA’s reasonable control. In such cases, Aeon Laser USA will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time and method.

4.10 Inspection. You should carefully examine all deliveries of the Product upon delivery, and notify Aeon Laser USA of any alleged error, damage, shortage, defect or non-conformity of the Product within 14 days after receipt. In the event visible damage is found upon delivery, you are responsible for providing Aeon Laser USA with photos and properly documenting all visible damage on the airway bill prior to signing it and dismissing the driver. Your failure to examine and report any of the above situations will constitute a waiver of any claim against Aeon Laser USA or the carrier arising under these Terms or by law with respect to any such error, damage, shortage, defect, or non-conformity reasonably discoverable by examination. If a product is damaged during transit, Aeon Laser USA will file the claim with the carrier on your behalf. This is not a guarantee of any discount or refund. Whether a discount or refund is offered is solely up to the carrier's discretion. Aeon Laser USA will only issue a discount or refund in the amount offered by the carrier. . 

4.11 Refunds. Refunds may take up to 10 business days to process. All refunds are in US dollars and are subject to the following conditions listed in our Return and Refund Policy. 

4.12 Cost of Returns and Postal Insurance. We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/shipping and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product to us. See Return and Refund Policy for details.

4.13 Product Information; Changes. While we have taken reasonable steps to depict the Product as accurately as possible through the photographs and other images featured on our websites, the detailing (such as color, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it. In addition, Aeon Laser USA expressly reserves the right, at any time and without notice, to discontinue the production or change the specifications of any Product or the Service.

4.14 Delinquent Accounts. Aeon Laser USA may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

4.15 Support. You may request support for the Service, including any problems with the Product. Aeon Laser USA provides free unlimited US-based support. For any general tech support questions, direct all requests via email to support@aeonlaser.us. If your machine is malfunctioning, create a Support Ticket Request to ensure your issue is well documented and accessible to our entire support team. Aeon Laser USA reserves the right to use phone and video chats only after it has been determined that the issue cannot be resolved efficiently solely via email. 

 

SECTION 5 - Warranties and Disclaimers; Warranty Returns; LIMITATION OF LIABILITY

5.1 Limited Warranty for Products. Please review the limited Product warranty located at https://aeonlaser.us/warranty, carefully before making a purchase decision. If any law in your jurisdiction modifies this warranty, however, then Aeon Laser USA does not offer a warranty in your jurisdiction and nothing in this Section affects your legal rights.

5.2 Faulty Products. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible in writing, giving your name, address and order reference. Nothing in this Section affects your legal rights.

5.3 Warranty Returns. Please see warranty return information at https://aeonlaser.us/warranty. 

5.4 No Warranty for Modified Products. If you modify a Product, please be aware that your modification may cause loss of some or all functionality of your Product. In addition, modification of your Product voids the limited warranty.

5.5 All Aeon Laser USA Content Licensed As-Is Without Warranty. ALL AEON LASER USA CONTENT MADE AVAILABLE ON THE SERVICE IS PROVIDED AS-IS, WITHOUT ANY WARRANTY. WITHOUT LIMITING ANY OF THE DISCLAIMERS IN THESE TERMS, AEON LASER USA CONTENT MAY CONTAIN ONE OR MORE ERRORS CAUSING YOUR PRODUCT OR LASER PROJECT TO MALFUNCTION OR BE DAMAGED, MAY OTHERWISE BE INCORRECT, OR MAY VIOLATE APPLICABLE LAW. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL AEON LASER USA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE ANY AEON LASER USA CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AEON LASER USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.6 No Warranty for Laser Projects. AEON LASER USA DOES NOT WARRANT ANY LASER PROJECT THAT YOU MAKE THROUGH USE OF THE PRODUCT OR SERVICE. WITHOUT LIMITING ANY OF THE DISCLAIMERS IN THESE TERMS, LASER PROJECTS MAY BE DEFECTIVE, OR MAY VIOLATE APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT YOU BEAR SOLE RESPONSIBILITY FOR ANY LASER PROJECTS MADE THROUGH USE OF THE PRODUCT, INCLUDING THE SOLE RESPONSIBILITY FOR ENSURING THAT WHAT YOU MAKE IS SAFE AND SUITABLE FOR HOW IT IS USED.

5.7 No Warranty for the Service. THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SAVE AS PREVENTED BY APPLICABLE LAW, AEON LASER USA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. AEON LASER USA DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND AEON LASER USA DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. AEON LASER USA IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT AEON LASER USA IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY CAUSED BY THE PRODUCT, SERVICE, ANY CONTENT, ANY OTHER MATERIALS OR PROPERTY, OR ANY LASER PROJECTS THAT YOU MAKE THROUGH USE OF THE PRODUCT OR SERVICE, OR CONTENT, OR ANY LOSS OF DATA.

5.8 Limited Disclaimer. HOWEVER, AEON LASER USA DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT AEON LASER USA IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

5.9 LIMITATION OF LIABILITY.
The provisions of this Section 5.9 apply if you are located in the United States, but nothing in this Section 5.9 affects your legal rights. 

5.9.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AEON LASER USA BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, ANY CONTENT ON THE SERVICE, OR ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AEON LASER USA HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

5.9.2 EXCEPT AS PROVIDED IN SECTION 6.7.5, (A) THE AGGREGATE LIABILITY OF AEON LASER USA TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, AEON LASER USA CONTENT, OR LASER PROJECTS, UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AGGREGATE LIABILITY OF AEON LASER USA TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PRODUCT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU PAID TO AEON LASER USA FOR THAT PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 5.9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

SECTION 6 - GENERAL

6.1 Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you are required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

6.2 Ownership; Proprietary Rights. The Service is owned and operated by Aeon Laser USA. The Product, Aeon Laser USA Content, Educational Materials, and the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and all other elements of the Service are protected by intellectual property and other laws, and are the property of Aeon Laser USA or our third-party licensors. You may not make use of the Service except as expressly authorized by Aeon Laser USA. Aeon Laser USA reserves all rights in and to the Product, Service, and Aeon Laser USA Content not granted expressly in these Terms, or other Additional Service Terms. 

6.3 Indemnity. You are responsible for your use of the Service, Aeon Laser USA  Content, Laser Projects, Educational Materials, and Products, and you will defend and indemnify Aeon Laser USA and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your access to, use of, or misuse of, the Service, Aeon Laser USA Content, Laser Projects, Educational Materials, or any Product, in a way that is harmful to others; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

6.4 Governing Law. These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. You and Aeon Laser USA agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Orlando, Florida for the resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Florida, and we make no representation that the Service is appropriate or available for use in other locations. However, nothing in this Section 6.4 affects your legal rights.

6.5 General. These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Aeon Laser USA regarding your purchase of the Product and use of the Service. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply. Except as expressly permitted in these Terms, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 3.6, 5, and 6, along with the Privacy Policy, and any other accompanying agreements, will survive.

6.6 Force Majeure. Aeon Laser USA will not be liable to you for any delay in delivery of the Product or your inability to access the Service, including any delay or lack of access due to an event beyond Aeon Laser USA’s reasonable control, such as an act of God, terrorism, war, political insurgence, trade embargo, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, epidemic, pandemic, labor shortage due to illness or illness mitigation, act of government, or any other natural or man-made condition outside of Aeon Laser USA’s control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or any Order Contract that is caused by events outside our reasonable control.

6.7 Dispute Resolution and Arbitration.
The provisions of this Section 6.7 apply if you are located in the United States, but nothing in this Section 6.7 affects your legal rights. 

6.7.1 Generally. In the interest of resolving disputes between you and Aeon Laser USA in the most expedient and cost effective manner, and except as described in Sections 6.7.2 and 6.7.3, you and Aeon Laser USA agree that every dispute arising in connection with these Terms (including any dispute arising from your purchase or use of a Product) will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AEON LASER USA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

6.7.2 Exceptions. Despite the provisions of Section 6.7.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

6.7.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 6.7 within 30 days after the date that you agree to these Terms by sending a letter to Aeon Laser USA, Attention: Legal Department – Arbitration Opt-Out, 7600 Technology Drive, West Melbourne, Florida 32904 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Aeon Laser USA receives your Opt-Out Notice, this Section 6.7 will be void and any action arising out of these Terms will be resolved as set forth in Section 5.4. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

6.7.4 Arbitrator. Any arbitration between you and Aeon Laser USA will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”). The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Aeon Laser USA. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

6.7.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Aeon Laser USA’s address for Notice is: Aeon Laser USA, 7600 Technology Drive, West Melbourne, Florida 32904, USA. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Aeon Laser USA may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Aeon Laser USA must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Aeon Laser USA in settlement of the dispute prior to the award, Aeon Laser USA will pay you the highest of: (i) the amount awarded by the arbitrator; or (ii) $10,000.

6.7.6 Fees. If you commence arbitration in accordance with these Terms, Aeon Laser USA will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Orlando, Florida, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Aeon Laser USA for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

6.7.7 No Class Actions. YOU AND AEON LASER USA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Aeon Laser USA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

6.7.8 Modifications to this Arbitration Provision. If Aeon Laser USA makes any future change to this arbitration provision, other than a change to Aeon Laser USA’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Aeon Laser USA’s address for Notice of Arbitration, in which case your account with Aeon Laser USA will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

6.7.9 Enforceability. If Section 6.7.7 is found to be unenforceable or if the entirety of this Section 6.7 is found to be unenforceable, then the entirety of this Section 6.7 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 6.4 will govern any action arising out of or related to these Terms.

6.8 Notice; Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. All notices given by you to us must be given in writing to the address set out below.

6.9 Contact Information. The Service and the Product are offered by Aeon Laser USA, located at 7600 Technology Drive, West Melbourne, Florida 32904 USA. You may contact us by sending correspondence to that address or by contacting us.