Terms & Conditions

EX7000 Reservation Terms and Conditions

Welcome to the EMist (“EMist”) EX7000 (“Reservation Program”). These Terms and Conditions (“Terms”) describe the Program as well as the Reservation Process (“Reservation Process”). Please review these Terms carefully and click “I accept” to agree. Your acceptance and use of the Reservation Program and Reservation Process is your agreement to these Terms, the Privacy Policy and Terms and Conditions found at pluginemist.wpengine.com.
If you object to any of these Terms, your sole recourse is to stop using the Program.
1. Reservation.
By completing the Reservation Process (“Reservation”), you are reserving a spot in line to purchase the EX7000 (the “Product”). Participation in the Program and payment hereunder, does not guarantee you will have an opportunity to purchase the Product.
2. Reservation Process.
In order to complete the Reservation Process, you will be required to (1) create an account (2) submit certain information to EMist, and (3) pay a refundable Reservation Payment of $50.00 to EMist. EMist will hold Reservation Payment and will not pay interest on Reservation Payments. Any interest earned on the account will be the sole property of EMist. All sales related this Reservation, if any, will be fulfilled through EMist Distribution Partners. A Distribution Partner will contact you to discuss final transaction pricing and complete your purchase of the EX700. The Reservation Payment will be applied to any EX7000 purchase through one of EMist’s Distribution Partners.
3. No Purchase Requirement.
The Program does not require you to complete a purchase. If you change your mind before you have made a purchase, you may cancel your Reservation pursuant to Section 6 below.
4. EMist’s Right to Decline, Cancel Reservation.
EMist, at its sole discretion, may decline or cancel your Reservation at any time, for any reason. You will be notified by email if your Reservation is declined, and your Reservation Payment will be refunded if it has already been processed.
5. EMist’s Right to Modify, Cancel Program.
EMist reserves the right to change, update, improve, correct, modify, suspend, discontinue or cancel the Program, including any of its features, functionalities or manners of operation at any time without any notice or obligation to you. Your use of the Program after any changes are implemented will be considered acceptance of such changes.
6. Reservation Cancellation; Transfer; Assignment.
You may cancel your Reservation and request a refund online at pluginemist.wpengine.com. You can cancel your Reservation at any time for a full refund (unless you paid by credit card, in that event a three percent (3%) processing fee will be charged). Please note that all cancellations are final. You may not transfer or assign your Reservation or any other rights under these Terms and Conditions. Upon cancellation, your spot in line to reserve the EX7000 will be forfeited with no rights thereto.
7. Force Majeure.
Your participation in the Program and/or your Reservation does not create liability for EMist or you for any failure to perform due to an event beyond our control, including, but not limited to, any Act of God, terrorism, war, pandemics, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood or any other natural or man-made eventuality outside of our control.
8. Entire Agreement, Modification and Severability.
We reserve the right, at our discretion, to change these Terms at any time. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable. This Agreement represents the entire agreement governing your Reservation.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL EMIST BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.
IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR RESERVATION, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF YOUR RESERVATION PAYMENT.
10. Governing Law.
These Terms shall be governed and construed in accordance with the laws of the State of Texas and the United States without regard to its conflict of law provisions.
Emist’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms constitute the entire agreement between us regarding our Product and supersede and replace any prior agreements we might have between us regarding the product.
11. Contact Us.
If you have any questions, comments, or claims regarding the Program or Reservation Process you may contact us at pluginemist.wpengine.com, or by Telephone: 888-534-7001, Available M-F 8:00 am – 5:00 pm CT.