Last updated: October 3, 2025
This website is operated by EKS Brand. Throughout the site, the terms “we”, “us” and “our” refer to EKS Brand. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (the “Terms”), including any additional terms and policies referenced here or available by link. These Terms apply to all users of the site including browsers, vendors, customers, merchants, and contributors of content. If you do not agree to these Terms, do not access the website or use the Service.
Any new features or tools added to the current store are also subject to these Terms. You can review the most current version of these Terms at any time on this page. We may update or change these Terms by posting updates to our website. Your continued use of the website after changes are posted is acceptance of those changes.
Our store is hosted by Shopify Inc. They provide the online commerce platform that enables us to sell our products and services to you.
By agreeing to these Terms you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction in the use of the Service. You must not transmit any worms, viruses, or code of a destructive nature. A breach of any term will result in immediate termination of your access to the Service.
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content, not including credit card information, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided without our express written permission. Headings are for convenience only and do not limit these Terms.
We are not responsible if information on this site is not accurate, complete, or current. Material on this site is provided for general information only and should not be relied on or used as the sole basis for decisions without consulting primary, more accurate, more complete, or more timely sources. Any reliance on material on this site is at your own risk.
This site may contain historical information which is not current and is provided for reference only. We may modify the contents of this site at any time, but we have no obligation to update information. You agree it is your responsibility to monitor changes.
Prices for our products are subject to change without notice. We may modify or discontinue the Service, or any part of it, without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We make every effort to display as accurately as possible the colors and images of our products. We cannot guarantee your device display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction, and to limit quantities. All descriptions of products or pricing are subject to change at any time without notice. We may discontinue any product at any time. Any offer for any product or Service on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order, including orders placed by or under the same customer account, the same credit card, and or orders that use the same billing or shipping address. If we change or cancel an order, we may attempt to notify you at the email, billing address, or phone number provided at the time of the order. We may limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information and to promptly update your account and other information, including your email address and payment card numbers and expiration dates, so we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
We may provide access to third party tools we do not monitor and over which we have no control. You agree that we provide access to such tools as is and as available without warranties, representations, or conditions of any kind and without endorsement. Any use by you of optional tools is entirely at your own risk and discretion. We may also offer new services and features through the website in the future, which will be subject to these Terms.
Certain content, products, and services available via our Service may include materials from third parties. Third party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. Complaints or questions regarding third party products should be directed to the third party.
If, at our request, you send specific submissions or without a request you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise, you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any submissions you forward to us. We are under no obligation to maintain any submissions in confidence, to pay compensation, or to respond.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our discretion is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates intellectual property or these Terms.
You agree that your submissions will not violate any right of any third party including copyright, trademark, privacy, or other personal or proprietary right, and will not contain unlawful, abusive, or obscene material, or any malware. You may not use a false email address or mislead us or others as to the origin of any submissions. You are solely responsible for your submissions and their accuracy.
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy for information about how we collect, use, share, and protect personal information, your choices, and California privacy rights.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law.
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content:
(a) for any unlawful purpose
(b) to solicit others to perform unlawful acts
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
(f) to submit false or misleading information
(g) to upload or transmit viruses or any other type of malicious code
(h) to collect or track the personal information of others
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape
(j) for any obscene or immoral purpose
(k) to interfere with or circumvent the security features of the Service or related websites
We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error free. We do not warrant that results from the Service will be accurate or reliable. You agree that we may remove the Service for indefinite periods or cancel the Service at any time without notice.
You expressly agree that your use of the Service is at your sole risk. The Service and all products and services delivered through the Service are provided as is and as available, without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non infringement, to the maximum extent permitted by law.
In no case shall EKS Brand, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort including negligence, strict liability, or otherwise, arising from your use of any part of the Service or any products procured using the Service, or for any other claim related to your use of the Service or any product, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or product posted, transmitted, or otherwise made available via the Service, even if advised of the possibility. Where a jurisdiction does not allow exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. In all events, our total liability to you for any claim will not exceed the greater of one hundred dollars or the amount you paid to us for the product or Service that gave rise to the claim.
You agree to indemnify, defend, and hold harmless EKS Brand and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate or your violation of any law or the rights of any third party.
Copyright © 2008-2025 to present EKS Brand. All rights reserved. All trademarks, logos, and service marks displayed on the website and or the Service are our property or the property of third parties. You are not permitted to use such marks without prior written consent from the owner.
If you believe your content has been used in a way that constitutes copyright infringement, you may send a notice pursuant to the Digital Millennium Copyright Act to info@eksbrand.com with sufficient detail to identify the work and the allegedly infringing material.
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other provisions.
Obligations and liabilities incurred prior to termination survive termination. These Terms are effective unless and until terminated by either you or us. You may terminate by notifying us that you no longer wish to use our Services or when you cease using our site. If in our judgment you fail or we suspect that you have failed to comply with any term or provision, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services.
These Terms and any claims or disputes relating to them or your use of the website or the Service are governed by the laws of the State of California without regard to conflict of laws rules. You agree that the exclusive venue for any action shall be the state courts located in Los Angeles County, California or the federal courts of the Central District of California, and you consent to personal jurisdiction in those courts.
Please read this section carefully. It affects your rights.
Most customer concerns can be resolved quickly by contacting us at info@eksbrand.com. If we cannot resolve a dispute, you and we agree to resolve any claim relating to these Terms or the Service through final and binding individual arbitration, and not in court, except that either party may bring a claim in small claims court.
The Federal Arbitration Act and federal arbitration law apply. Arbitration will be administered by JAMS or the American Arbitration Association under their applicable rules. The arbitrator has exclusive authority to resolve all disputes relating to interpretation, applicability, enforceability, or formation of this arbitration agreement.
Class and representative actions are not permitted. You and we may bring claims only in your or our individual capacity.
Opt out: You may opt out of this arbitration agreement by sending a written notice to info@eksbrand.com within 30 days of the date you first agree to these Terms. Your notice must include your name, address, email, and a statement that you do not agree to arbitration.
Nothing in this section limits either party’s right to seek injunctive or other equitable relief for alleged intellectual property infringement.
When you use the Service or send emails to us, you communicate with us electronically and consent to receive communications from us electronically, including email and notices posted to the site. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
Promotions are subject to terms stated on the offer. We reserve the right to modify or cancel promotions at any time. Gift cards and store credits are not redeemable for cash except where required by law and are subject to the terms provided at purchase.
If you purchase any subscription or enrollment that renews automatically, you authorize recurring charges until you cancel. We will disclose renewal terms, frequency, and how to cancel at checkout and in your account. You may cancel at any time as described in those disclosures. We will comply with California automatic renewal law.
If you opt in to receive text messages, you consent to receive recurring autodialed or prerecorded marketing texts at the number you provide. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. You may reply STOP to cancel or HELP for help. We are not responsible for any delays or failures in message delivery.
You may not use or export the Service or products in violation of United States export laws and regulations. We do not represent that the site or products are available or appropriate for use in any particular jurisdiction.
Privacy: California residents have rights under the California Consumer Privacy Act as amended by the California Privacy Rights Act. Please review our Privacy Policy and use the Do Not Sell or Share My Personal Information link in our footer to exercise your choices.
California Civil Code 1789.3: If you have a complaint regarding the Service or wish to request further information, please contact us at info@eksbrand.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd, Suite N112, Sacramento, California 95834, or by telephone at 800 952 5210, or at www.dca.ca.gov.
These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
We are not liable for any delay or failure in performance due to events beyond our reasonable control, including acts of God, labor conditions, epidemics, supply chain disruption, internet failure, or actions by governmental authorities.
Questions about the Terms should be sent to us at info@eksbrand.com or by mail to:
EKS Brand, 5330 Derry Ave, Unit S, Agoura Hills, CA 91301, United States
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