Terms of service

OVERVIEW

Last Updated: Last updated: April, 2026

Tolia Group LLC, a Florida Limited Liability Company (collectively referred to as “Ephes”, "we", "us", "our")  provides this website to you under the following terms and conditions (“Terms of Use”). It is essential that you read these Terms of Use carefully as they govern your use of our website. By accessing this website, you agree to comply with all the Terms of Use outlined below. Ephes retains the right to modify, update, or remove any part of these Terms of Use at our discretion. We recommend that you review these Terms periodically for any changes. Continued use of the website after any modifications indicates your acceptance of those changes, regardless of whether you have reviewed them. If you do not agree with any of these Terms of Use, please refrain from using this website. For any inquiries regarding these Terms of Use, please reach out to us at hello@shopephes.com.

For a straightforward explanation of how Ephes operates and how customers can place orders for products within a collection, please refer to the Ephes FAQs at https://www.shopephes.com/pages/faqs.

IMPORTANT – PLEASE READ CAREFULLY: This document constitutes a legal agreement between you and Ephes. By clicking the “I accept the Terms of Use” button when placing an order or submitting a custom order, you agree to be bound by these Terms of Use (hereafter referred to as “Terms”). If you do not accept these Terms, you will not be able to submit an order.

IT IS IMPERATIVE TO ACKNOWLEDGE THAT THE TERMS HEREIN INCLUDE A PROVISION MANDATING THE RESOLUTION OF ANY DISPUTES VIA BINDING ARBITRATION, THEREBY WAIVING THE RIGHT TO A JURY TRIAL AND PROHIBITING CLASS ACTIONS, AS ELABORATED IN THE SECTION TITLED “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT” BELOW. A THOROUGH EXAMINATION OF THE DISPUTE RESOLUTION CLAUSES IS STRONGLY ADVISED.

General Use Restrictions: Ephes, along with any third parties that grant rights to Ephes, retains all rights, titles, and interests in the materials available on this website, which are protected by copyright. Ephes provides you with a limited, personal, non-exclusive, and non-transferable license to use and display these materials solely on your personal computer for purposes related to your engagement with this website. Except as explicitly stated, you are not permitted to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any materials in any way. This limited license will automatically terminate without notice if you violate any of these Terms. Upon termination, you are required to immediately destroy any materials you have downloaded or printed. You do not possess any rights, titles, or interests (including copyright, trademark, or other intellectual property rights) in the website or its materials, and you agree not to "frame" or "mirror" the website or any materials from it on any other server or Internet-based device without prior written consent from Ephes.

In its commitment to fostering responsible behavior within the online community, Ephes will take appropriate action if it becomes aware of any misuse of the website or its Services (as defined below). You acknowledge that Ephes reserves the right to report any potentially illegal activities to law enforcement authorities, as well as any reports it receives regarding such conduct. Ephes will fully cooperate with law enforcement agencies during investigations of suspected illegal activities on the Internet.

You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, information and other content that you upload, publish or display (hereinafter, “post”) on or through this website, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the website that you did not create or that you do not have permission to post. You understand and agree that Ephes may, but is not obligated to, review the website and may delete or remove (without notice) any website content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Ephes violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the website or provide to Ephes. You agree that under no circumstances will Ephes be liable in any way for any loss or damage to any content or photos you post, e-mail, or otherwise make available to Ephes.

By uploading User Content to the website, you give Ephes permission to make as many copies of the content as Ephes thinks necessary to make posting and storing the User Content on the website easier. By adding User Content to any area of this website, you automatically give Ephes an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the option to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any commercial, advertising, or other purposes on or in connection with this website or its promotion, to create derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the aforementioned. Any and all User Content and images uploaded via the website may be altered, translated, republished, reproduced, and/or distributed by Ephes at its sole discretion.

Regarding User Content, you also agree that you will not: (i) post content that is protected by copyright, trade secret, or other third-party proprietary rights, including privacy and publicity rights, unless you are the owner of those rights or have permission from their legitimate owner to post the content and grant Ephes all of the license rights granted herein; (ii) publish false information that could harm Ephes or any third party; (iii) post content that is illegal, obscene, abusive, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages behavior that would be deemed illegal, subject to civil liability, violate any law, or be inappropriate in any other way; (iv) post advertisements or solicitations of business; (v) create or submit unsolicited emails (referred to as "Spam"); or (vi) impersonate someone. Ephes specifically disclaims all liability in relation to any User Content and does not support any User Content or the opinions, suggestions, or advice expressed therein. If Ephes is duly informed that any Content or User Content violates another person's intellectual property rights, it will remove it. Ephes does not allow copyright infringement or intellectual property rights violations in connection with the Services. If you are found to be a representative, Ephes has the right to remove your access to the website.

By visiting Ephes’ site and/or purchasing something from us, you engage in our services (collectively “Service”) and agree to be bound by these terms and conditions, including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of Content.

Online Store Terms: By accepting these terms, you attest that you are at least the legal majority age in your state or province of residence, or that you are the legal majority age in your state or province of residence and that you have granted Ephes permission to permit any of your minor dependents to use this website.

Modifications to the Service and Prices: Ephes reserves the right to make changes to the prices of its goods and services at any time. Ephes maintains the right to change or stop the Service (or any of its components or content) at any time and without prior notice. For any changes, price adjustments, suspensions, or discontinuations of the Service, Ephes will not be responsible to you or any other third party.

You are not permitted to use Ephes' products or services for any unlawful or unauthorized purpose, nor are you permitted to break any laws in your jurisdiction while using the service (including but not limited to copyright laws). You must refrain from sending Ephes any viruses, worms, or destructive codes. Your services will be immediately terminated if any of the Terms are broken or violated.

Account: In order to create an account ("Account"), you may be asked to submit specific registration information, payment information, or other details when using this site. All of the information you submit must be accurate, up to date, and comprehensive in order for you to use the site. You acknowledge that Ephes' Privacy Policy governs all information you submit, whether or not you register for an account. Any account may be disabled by Ephes at any time, at our sole discretion, for any reason, including if we believe you have broken any of these terms.

Products and Services: The website may offer all products and services exclusively online. Only strict adherence to Ephes' Return Policy will allow for the return or exchange of these products or services, which may have limited quantities. Ephes has done everything in its power to ensure that the colors and images of its products are presented on the website as accurately as possible. Ephes cannot guarantee the accuracy of any color or image displayed on your computer monitor. Ephes retains the right, but is not required to, restrict sales of its goods and services to a specific individual, area, or legal system. On an individual basis, Ephes may use this right. At any time, Ephes retains the right to restrict the number of goods or services it provides. Product pricing and descriptions are subject to change at any time and without prior notice at Ephes' sole discretion. Ephes maintains the right to stop selling any product at any moment. Where prohibited, any offer made on this website for any good or service is null and void. Ephes makes no guarantees that the information, services, goods, or other materials you buy or obtain will live up to your expectations or that any mistakes in the service will be fixed. You can find resources on Ephes to help you with your purchase. These resources consist of the "Size Chart" and frequently asked questions (FAQ), among others. These resources are provided by Ephes to help you.

Purchases: Ephes reserves the right, at its sole discretion, to restrict or cancel the amount of each person, household, or order. Orders made using the same credit card, the same customer account, or the same billing and/or shipping address may be subject to these limitations. Ephes may try to get in touch with the email address and/or billing address/phone number you provided at the time of the order in order to let you know if they change or cancel it. Ephes maintains the right to restrict or forbid orders that seem to have been placed by distributors, resellers, or dealers in Ephes' sole discretion.

Every price, discount, and promotion listed on the website could change at any time. Your order confirmation email will include the price that was in effect at the time of order placement. This is the price that will be charged for a product or service. Orders placed after such changes will be the only ones subject to price increases. Prices listed do not include shipping and handling fees or taxes. These taxes and fees will be itemized in your shopping cart and added to the total amount of your merchandise. Although we make every effort to present accurate pricing information, occasionally typographical errors, inaccuracies, or omissions associated with pricing and availability may occur. Any errors, inaccuracies, or omissions may be corrected at any time, and orders resulting from such incidents may be canceled. Aside from these Terms of Use, we may occasionally run promotions on the website that have an impact on prices and are subject to different terms and conditions. Should the terms of a promotion conflict with these Terms of Use, the terms of the promotion will take precedence.

For every purchase you make with Ephes, you agree to provide up-to-date, accurate, and complete account and purchase information. In order for Ephes to complete your transactions and get in touch with you as needed, you agree to updating your account and other details as soon as possible, including your email address, credit card numbers, and expiration dates. Please review our Returns Policy for further information.

Payment: For all purchases, Google Pay, Apple Pay, Shop Pay, and the majority of major credit cards (VISA, MASTERCARD, AMERICAN EXPRESS, and DISCOVER) are accepted. You guarantee that (i) the credit card or other payment information you provide us is accurate, complete, and true; (ii) you have the legal right to make purchases using that credit card or other payment method; and (iii) your credit card company or similar entity will honor any charges you incur.

Privacy: We honor your privacy rights. Please review our Privacy Policy for a complete understanding of how we gather and use your personal data.

Returns: We accept returns within 14 days of delivery. Refunds will be processed using the original payment method. Once we receive your item(s), the return process usually takes 1-3 business days.

Returns should be sent to:

EPHES

7047 SW 47 Street, Ste 0020

Miami, FL 33155

Please be aware that original shipping fees will not be refunded. Customers cover return shipping costs, and the cost of the return shipping label, will be deducted from the refund.

To initiate a return, enter your order number in our returns portal, and you’ll receive a shipping label via email. Kindly ensure that items are returned unused, with all labels and tags still attached.

Refunds will be credited instantly back to the original payment method once processing begins, following the receipt of your return at our warehouse. This process typically takes 1 to 3 business days, though it may take up to 5 business days for the funds to reflect in your account.

Please note that Ephes cannot accept responsibility for items not originally purchased from Ephes that are mistakenly returned to us, as retrieval may not be possible.

You will receive an email confirmation once your return has been processed.

Faulty Products: If you receive a faulty product, you have 14 days to report it. You can initiate the return through our returns portal or contact us directly—we’re happy to assist.

We cover return shipping for faulty items. Refunds will be issued to the original payment method once our customer service team reviews proof of the fault.

For assistance, email hello@shopephes.com or call +1 786-323-8182.

Third Party Interaction and Links to Third Party Websites: When using this website, you may interact with or purchase products and services from third parties, including advertisers and partners. Any communication or transaction is solely between you and the third party, and Ephes is not liable for any related issues. Ephes does not endorse or guarantee third-party products or services mentioned on its site.

This website may contain links to external sites not controlled by Ephes, which do not imply endorsement. Ephes provides these links for convenience and is not responsible for their content. Your interactions with third parties, including payments and services, are solely between you and those entities.

Rewards: Rewards can only be redeemed through purchases made on this website and cannot be exchanged for cash. Any remaining balance will be credited to the recipient's Ephes account and is non-transferable. If your order total exceeds your available rewards points, you will need to cover the difference using an accepted payment method. In the case that a reward is found to be non-functional, your only remedy and our only responsibility will be to replace that reward. Certain state laws may prohibit limitations on implied warranties or the exclusion or limitation of specific damages. If these laws are applicable to you, some or all of the disclaimers, exclusions, or limitations mentioned above may not be relevant, and you may have additional rights.

Registration: You can access content on the website without registering; however, to utilize certain features, you may need to create an account with Ephes by selecting a screen name (“User ID”) and a password. It is essential to provide accurate, complete, and current registration details. Failure to do so may be considered a violation of the Terms, potentially leading to the immediate termination of your account. You must not choose a User ID, domain name, or project name that (i) belongs to another individual with the intent to impersonate them; (ii) infringes on the rights of another individual without proper authorization; or (iii) is deemed offensive, vulgar, or obscene. Ephes retains the right to refuse registration or cancel any User ID, domain name, or project name at its discretion. You are fully responsible for all activities conducted under your account and must ensure the confidentiality of your password. You must not use another User's account without their explicit permission. You are required to promptly inform Ephes in writing of any unauthorized use of your account or any known security breaches related to your account.

Intellectual Property: Unless stated otherwise, the Site and all its contents, features, and functionalities (including but not limited to all information, software, text, displays, images, video, audio, and their design, selection, and arrangement) (collectively referred to as “Contents”) are owned by Ephes, its licensors, or other providers and are safeguarded by U.S. and international laws concerning copyright, trademark, patent, trade secret, and other intellectual property rights. These Terms allow you to utilize the Site solely for personal, non-commercial purposes. You may download or copy Contents from our Site exclusively for your personal, non-commercial use. No rights, titles, or interests in any Contents are transferred to you through such downloading or copying. You are permitted to link to our homepage, provided that it is done in a fair and legal manner that does not harm our reputation or exploit it; however, you must not create a link that implies any form of association, approval, or endorsement by us without Ephes' explicit written consent. Except as mentioned above, you are prohibited from reproducing, publishing, transmitting, distributing, displaying, modifying, creating derivative works from, selling, or otherwise exploiting any of the Contents or the Site. Unauthorized use of the Contents is strictly forbidden by law and may lead to civil and criminal penalties.

 

Mobile Terms of Service: The Ephes mobile message service (the "Service") is operated by Ephes (“Ephes”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Ephes’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Ephes through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Ephes. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to EPHES or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Ephes mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to EPHES or email admin@shopephes.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

DMCA Notification: We adhere to the requirements set forth by the Digital Millennium Copyright Act relevant to Internet service providers (17 U.S.C. §512, as amended). Should you have a complaint regarding intellectual property rights concerning content available on the Service, please reach out to us at legal@shopephes.com

Any notification claiming that materials hosted or distributed via the Service violate intellectual property rights must include the following details:  

- An electronic or physical signature of the individual authorized to represent the copyright owner or the rights holder;  

- A description of the copyrighted work or other intellectual property that you assert has been infringed;  

- A description of the material you believe is infringing and its location within the Service;  

- Your address, phone number, and email address;  

- A declaration stating that you have a good faith belief that the use of the materials on the Service in question is not permitted by the copyright owner, their agent, or applicable law; and  

- A statement affirming that the information provided in your notice is accurate and that, under penalty of perjury, you are either the copyright or intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner.

Ephes has implemented a policy in line with the Digital Millennium Copyright Act, which allows for the termination of user accounts that repeatedly infringe upon the intellectual property rights of others. Additionally, Ephes reserves the right to terminate user accounts for a single instance of infringement.

User Contributions, Feedback, and Other Submissions: Should you submit specific materials at Ephes' request (such as product reviews) or, even without a request, share creative ideas, suggestions, proposals, plans, or other content through any means (including online, email, postal mail, etc.), you acknowledge that Ephes has the right to edit, copy, publish, distribute, translate, and utilize any such contributions in any format without limitation. Ephes is not obligated to (1) keep any contributions confidential; (2) provide compensation for any contributions; or (3) respond to any contributions.

Ephes reserves the right to monitor, modify, or remove User Content it considers unlawful, offensive, or objectionable, or that infringes on intellectual property rights or these Terms.

You agree that your comments will not violate any third-party rights, including copyright or privacy, and will not contain libelous, abusive, or obscene content, nor any viruses or malware. You must not use a false email address or impersonate others. You are fully responsible for the accuracy of your comments, and Ephes disclaims any liability for comments made by you or others.

Inaccuracies or Errors: The representations, including descriptions and images, of products featured on this website may contain inaccuracies or errors. Ephes disclaims any warranty or representation regarding the accuracy or completeness of such information. Additionally, the pricing and availability of products, as well as the costs associated with executing a submission offered through this website, are subject to change at any time without prior notice, at the sole discretion of Ephes or a third party. Ephes or a third party reserves the right to refuse or cancel any orders placed for products listed at an erroneous price or for donations related to a submission if the associated costs are found to be incorrect or misleading.

Disclaimers: Engaging with this website is undertaken at your own discretion. The content presented may contain inaccuracies or errors that could impact the quality of the materials, products, or services available. The materials and products, as well as the services provided, have not undergone independent verification or authentication, either in whole or in part, by Ephes. Ephes does not guarantee the accuracy or timeliness of the materials, product deliveries, or class schedules that are presented and ultimately accessible. Ephes assumes no responsibility for any inaccuracies or omissions in the materials, product offerings, or class schedules, regardless of whether they are supplied by Ephes or third parties.

ALL PRODUCTS AND SERVICES ACQUIRED VIA THIS WEBSITE ARE GOVERNED SOLELY BY THE APPLICABLE WARRANTIES PROVIDED BY THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY EXIST. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL FORMS OF WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES RELATED TO THE PRODUCTS AND SERVICES AVAILABLE OR PURCHASED THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE AFOREMENTIONED, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR PRODUCT DEFECTS OR FAILURES, CLAIMS ARISING FROM NORMAL WEAR AND TEAR, MISUSE, ABUSE, MODIFICATIONS TO THE PRODUCT, IMPROPER SELECTION OF PRODUCTS, NON-COMPLIANCE WITH RELEVANT CODES, OR MISAPPROPRIATION. WE DO NOT EXTEND ANY WARRANTIES TO INDIVIDUALS CLASSIFIED AS "CONSUMERS" UNDER THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE EXCLUSIONS OF IMPLIED WARRANTIES STATED HEREIN DO NOT APPLY WHERE PROHIBITED BY LAW. PLEASE CONSULT YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Limitation of Liability: PLEASE REVIEW THIS SECTION THOROUGHLY AS IT LIMITS EPHES' LIABILITY TO YOU. 

YOU HEREBY CONSENT TO THE FOLLOWING:

YOU RECOGNIZE AND ACCEPT THAT YOU BEAR FULL RESPONSIBILITY FOR YOUR ENGAGEMENT WITH THE SITE. YOU RECOGNIZE AND ACCEPT THAT ANY INFORMATION TRANSMITTED OR RECEIVED DURING YOUR INTERACTION WITH THE SITE MAY NOT BE PROTECTED AND COULD BE SUBJECT TO INTERCEPTION BY UNAUTHORIZED INDIVIDUALS. YOU RECOGNIZE AND ACCEPT THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT ACCESS TO THE SITE IS PROVIDED TO YOU WITHOUT CHARGE. IN LIGHT OF THIS, YOU RECOGNIZE AND ACCEPT THAT, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER EPHES NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO THE SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH A LINK FROM THIS SITE, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR FROM ANY DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, EPHES' REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR ANY OTHER MATTERS ARISING FROM YOUR USE OF THE SITE, REGARDLESS OF THE LEGAL THEORY INVOLVED, EVEN IF EPHES, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER COVERS, WITHOUT LIMITATION, ANY DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. 

YOU HEREBY ACKNOWLEDGE AND AGREE THAT NEITHER EPHES NOR ITS SUPPLIERS SHALL BEAR ANY RESPONSIBILITY FOR ANY DEFAMATORY, OFFENSIVE, OR UNLAWFUL ACTIONS CONDUCTED BY ANY USER OF THE SITE. YOUR ONLY REMEDY FOR ANY CLAIMS OR DISPUTES ARISING FROM THE AFOREMENTIONED ISSUES WITH EPHES IS TO CEASE YOUR USE OF THE SITE. BOTH YOU AND EPHES CONCUR THAT ANY LEGAL ACTION RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ARISES, FAILING WHICH SUCH ACTION SHALL BE PERMANENTLY BARRED. IT IS IMPORTANT TO NOTE THAT CERTAIN JURISDICTIONS MAY NOT PERMIT LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THEREFORE, SOME OR ALL OF THE LIMITATIONS STATED ABOVE MAY NOT BE APPLICABLE TO YOU.

For individuals residing in the European Union, the United Kingdom, and any other country within the European Economic Area, it is essential to carefully consider the following terms: Notwithstanding any conflicting provisions stated herein:

- Generally, claims for damages are excluded, except for those related to harm to life, physical integrity, health, or breaches of essential contractual obligations (cardinal obligations). Furthermore, liability for other damages resulting from intentional or grossly negligent actions by Ephes, its legal representatives, employees, or agents is also maintained. Essential contractual obligations are defined as those whose fulfillment is crucial for achieving the intended purpose of the contract.

- In cases of breach of essential contractual obligations, Ephes will only be liable for foreseeable damages that are typical for the nature of the contract, provided such damages arise from simple negligence, unless the claims involve harm to life, physical integrity, or health.

- The aforementioned liability limitations will also apply to the legal representatives, employees, and agents of the Company if claims are made directly against them.

- Any applicable mandatory statutory provisions will remain unaffected.

Indemnification: You hereby agree to indemnify, defend, and hold Ephes, along with its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any and all losses, liabilities, expenses, damages, and costs, which shall include reasonable attorneys' fees and court costs, that arise from or are related to your use of the Site and any breach of these Terms of Use. In the event that you cause a technical disruption to the Site or the systems that deliver the Site to you or to others, you shall be liable for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, resulting from such disruption. Ephes retains the right, at its own expense, to take exclusive control of the defense of any matter for which you are obligated to indemnify, and in such instances, you agree to assist Ephes in the defense of that matter.

Dispute Resolution and Arbitration Agreement: 

1. Informal Dispute Resolution: We aim to resolve your concerns without resorting to formal legal proceedings. Most issues can be addressed swiftly through this approach. In the event of any dispute arising from these Terms, you agree to initially reach out to us at hello@shopephes.com and seek to resolve the matter informally. Your notice of dispute must be specific to you and should include, where applicable, your name, email address, and residential address. Additionally, the notice must articulate the circumstances of the dispute as you perceive them and specify the resolution you seek. The parties shall exert their utmost efforts to resolve any dispute through direct consultation and good faith negotiations. You agree that a notice of dispute containing all requisite information, followed by a minimum of 60 days of good faith negotiation, is a prerequisite for either party to initiate litigation or arbitration. A notice of dispute will be deemed invalid unless it includes all information mandated by this section. Should you initiate arbitration without having first submitted a valid and compliant notice of dispute, both parties agree that the relevant arbitration provider (or the appointed arbitrator) must suspend the arbitration until compliance with this section is achieved. You and we empower the arbitration provider or the arbitrator to determine summarily whether the initiating party has adhered to these notice requirements, based solely on these Terms and the notice of dispute provided (if any). All statutes of limitation shall be suspended while the parties engage in the informal dispute resolution process outlined in this section.
   
   

2. Both Parties Consent to Arbitration: In the event that a mutually satisfactory resolution is not achieved within sixty (60) days following the initiation of informal dispute resolution as outlined in the Initial Dispute Resolution section above, we hereby agree, unless an Exception applies as detailed below, to resolve any claim, dispute, or controversy arising from or related to these Terms, including but not limited to issues of formation, performance, breach, or alleged breach, irrespective of whether the dispute is grounded in contract, statute, regulation, ordinance, or tort (hereinafter referred to as “Claims”), through binding arbitration.
   
   You and Ephes hereby consent to resolve any disputes arising from these Terms, or your receipt of text messages from Ephes, or any party sending text messages on behalf of Ephes, including but not limited to its service providers, through final and binding arbitration. However, in instances where you have violated or threatened to violate Ephes' intellectual property rights—such as trademark, trade secret, copyright, or patent rights—Ephes reserves the right to initiate a lawsuit exclusively for injunctive relief to prevent unauthorized use or abuse of the website, or to address intellectual property infringement, without the necessity of first engaging in arbitration or the informal dispute-resolution process outlined herein.
   
   

3. Arbitration Defined: Arbitration represents a less formal alternative to litigation and aims to expedite the resolution of disputes. In this process, a neutral arbitrator, rather than a judge or jury, adjudicates the matter and possesses the authority to grant damages and remedies equivalent to those available in a court of law. Should any clause within this arbitration agreement be deemed unenforceable, such clause shall be removed, while the remaining provisions of the arbitration agreement shall remain in full force and effect.
   
   

4. Arbitration Procedures: The parties hereby consent to resolve any disputes through binding arbitration, adhering to the Commercial Arbitration Rules established by the American Arbitration Association (“AAA”) that are in effect at the time of arbitration. Unless otherwise specified herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit where Ephes' principal place of business is located, disregarding any conflict of laws principles. Within a period of ten (10) calendar days following the service of the arbitration demand on a party, the parties are required to collaboratively select an arbitrator who possesses a minimum of five years of relevant experience and is knowledgeable about the subject matter of the dispute. Should the parties fail to reach an agreement on an arbitrator within the stipulated ten (10) calendar days, any party may request the AAA to appoint an arbitrator who meets the same experience criteria. In the event of a dispute, the arbitrator shall determine the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). Furthermore, the parties agree that the AAA’s rules concerning Emergency Measures of Protection shall be applicable instead of seeking emergency injunctive relief through the courts. Each party shall be responsible for its respective share of the fees associated with the arbitrator and the arbitration administration; however, the arbitrator retains the authority to require one party to cover all or part of such fees as part of a reasoned decision. The parties acknowledge that the arbitrator may award attorneys’ fees only to the extent that such awards are explicitly permitted by statute or contract. Except as mandated by law, neither party nor the arbitrator shall disclose the existence, content, or outcome of any arbitration without obtaining prior written consent from both parties, unless necessary to protect or assert a legal right.
   
   Should any term or provision within this Section be deemed invalid, illegal, or unenforceable in any jurisdiction, such determination shall not impact the validity or enforceability of any other term or provision within this Section, nor shall it affect the validity or enforceability of the invalidated term or provision in any other jurisdiction. In the event that a dispute is resolved in court rather than through arbitration, the parties hereby relinquish any entitlement to a jury trial. This arbitration clause shall remain in effect notwithstanding any cancellation or termination of your agreement to engage in any of our Programs.
   
   

5. Authority of the Arbitrator: The arbitrator shall determine the rights and obligations, if any, of you and Ephes, and the dispute shall not be merged with any other issues or associated with any other cases or parties. The arbitrator is empowered to grant motions that may resolve all or part of any claim. Furthermore, the arbitrator is authorized to award monetary damages and to provide any non-monetary remedy or relief permitted under applicable law, the Arbitration Rules, and the Terms. However, the arbitrator shall not have the authority to award punitive damages, and each party hereby relinquishes any right to pursue or recover punitive damages in relation to any dispute settled through arbitration. The arbitrator shall render a written award and a statement of decision outlining the fundamental findings and conclusions that support the award, including the computation of any damages awarded. The arbitrator possesses the same authority to grant relief on an individual basis as a judge in a court of law. The arbitrator's decision shall be conclusive and binding, with no party entitled to appeal except as provided in section 10 of the FAA.
   
   

6. No Class Actions: TO THE MAXIMUM EXTENT PERMITTED BY RELEVANT LAW, BOTH YOU AND WE CONSENT THAT ANY DISPUTE BETWEEN THE PARTIES SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS, AND NOT THROUGH ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR CLASS ARBITRATION.
   
   

7. Exception—Mass Arbitration Administered by NAM: Despite the parties' mutual agreement to have arbitrations overseen by the American Arbitration Association (AAA), if 25 or more arbitration demands are filed regarding the same or similar issues that share common legal or factual questions, and the legal representatives for the involved parties are the same or coordinated, these demands will be classified as a “Mass Arbitration.” In such cases, it is agreed that the administration will be handled by National Arbitration & Mediation (“NAM”), a recognized arbitration service provider, and will be governed by the NAM rules in effect at the time the Mass Arbitration is initiated, as modified by these Terms, including the NAM Mass Filing Supplemental Dispute Resolution Rules, while excluding any provisions that permit class-wide arbitration (collectively referred to as the “NAM Rules”). The NAM Rules can be found at www.namadr.com or by calling 1-800-358-2550. Notwithstanding any conflicting provisions herein, if either party fails or refuses to initiate the Mass Arbitration with NAM, the other party may seek a court order from a competent jurisdiction to enforce this agreement and require the administration of the Mass Arbitration by NAM. Until any court requests are resolved, all arbitrations included in the Mass Arbitration (along with any obligation to pay arbitration fees) will be suspended. Both parties recognize that non-compliance with this provision would cause irreparable harm to the other party, and it is agreed that a court may issue an order to stay the arbitrations (and any obligation to pay arbitration fees) until any disputes regarding this provision are resolved by the court.
   
   

8. Waiver of Jury Trial: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO A TRIAL BY JUDGE OR JURY, CHOOSING INSTEAD TO RESOLVE ALL CLAIMS AND DISPUTES THROUGH ARBITRATION. The arbitration process is generally more streamlined, efficient, and cost-effective compared to traditional court proceedings, and judicial review of arbitration outcomes is significantly limited. Should any litigation arise between you and Ephes in any state or federal court concerning the vacating or enforcement of an arbitration award or related matters, YOU AND EPHES WAIVE ALL RIGHTS TO A JURY TRIAL, opting instead for resolution by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN INFORMED OF YOUR RIGHT TO CONSULT WITH AN ATTORNEY PRIOR TO ACCEPTING THIS ARBITRATION AGREEMENT.
   
   

9. 30-Day Right to Opt-Out: You possess the right to opt-out of the arbitration and class action waiver provisions detailed above. To exercise this right, you must submit a written notice of your decision to opt-out by emailing us at legal@shopephes.com. Your notice should include the following information: (i) your full name, (ii) your email address, (iii) your physical mailing address, and (iv) a clear statement indicating your desire not to resolve disputes with Ephes through arbitration. This notice must be dispatched within thirty (30) days from your initial use of a Program subsequent to the effective date of these Terms; failure to do so will result in your obligation to arbitrate disputes in accordance with the provisions outlined in those sections. Should you choose to opt-out of these arbitration provisions, we will also be exempt from them.
   
   

10. Time Limitation for Legal Claims: You acknowledge that, notwithstanding any conflicting statute or legal provision, any claim or cause of action that arises from or is connected to the use of any Program or these Terms must be initiated within a period of two (2) years from the date the claim or cause of action arose, or it shall be permanently barred.
    
    

11. Forum: In the event that the arbitration provisions outlined herein are inapplicable or if you have chosen to opt out of arbitration, both parties hereby consent to the personal jurisdiction of the state and federal courts located in Miami-Dade County, Florida. Furthermore, it is mutually agreed that any litigation shall be exclusively initiated in the state or federal courts of Miami-Dade County, Florida, with the exception of small claims court actions, which may be filed in the county of your residence. Should litigation arise that is not governed by these Terms and is not subject to binding arbitration, both parties agree to waive, to the fullest extent permitted by law, any entitlement to pursue a class action or to demand a jury trial, unless such a waiver is not permissible under applicable law.
    
    

Severability: If any provision of these Terms is determined to be illegal, invalid, or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law, and the part deemed unenforceable will be removed from these Terms. This determination will not affect the validity or enforceability of any other provisions that remain in effect.

Termination: The obligations and liabilities of the parties that arose before the termination date will remain in effect after this agreement ends for all relevant purposes. These Terms of Service will continue to be valid unless either you or Ephes decides to terminate them. You have the right to terminate these Terms of Service at any time by notifying Ephes of your intention to stop using Ephes' Services or by simply ceasing to use Ephes' Site. If we determine, at our sole discretion, that you have not complied with any term or provision of these Terms of Service, or if we suspect that you have not, we reserve the right to terminate this agreement at any time without prior notice. In such a case, you will still be responsible for all amounts owed up to and including the termination date; additionally, we may limit your access to our Services.

Assignment: You shall not transfer any of your rights or delegate any of your responsibilities under these Terms without obtaining prior written consent from Ephes. Any attempted assignment or delegation that contravenes this provision shall be deemed null and void. Furthermore, no assignment or delegation shall exempt you from fulfilling any of your obligations under these Terms.

Notice: Ephes reserves the right to deliver any notifications to you in accordance with these Terms by: (i) dispatching a message to the email address you have supplied; or (ii) by making a posting on this Site. Notifications transmitted via email shall be deemed effective at the moment Ephes sends the email, while notifications made through postings shall be effective upon their publication. It is your obligation to ensure that your email address remains up to date.

Revisions to the Terms and Conditions: We reserve the right to revise these Terms and Conditions at any time by updating this posting. It is advisable for you to periodically check this page to familiarize yourself with the most current Terms and Conditions, as they shall be deemed binding upon you. Specific provisions within these Terms and Conditions may be overridden by explicitly stated legal notices or terms found on designated pages of this Website.

Governing Law and Jurisdiction: These Terms and Conditions shall take precedence over any prior agreements between you and us, to the extent required to address any discrepancies or ambiguities that may arise. The interpretation and enforcement of these Terms and Conditions shall be governed by the laws of the State of Florida, without regard to its conflict of laws principles. Furthermore, a printed copy of these Terms and Conditions shall be considered admissible in any judicial or administrative proceedings related to these Terms and Conditions, under the same conditions as other business documents and records that were originally created and preserved in printed format.