Terms of Service

Thank you for using emSketch! Before using or accessing our platform, please read this Terms of Service (the “Terms of Service”) carefully. This document is a legally binding contract between emSketch and you, the User (as defined below), for the use of the applications, software, products and services provided by emSketch (collectively, the “Service”) and as such, we have tried to make it as clear as possible. In addition to the full legal terms and text, we have provided short non-binding summaries with each clause. These summaries do not aim to replace or misrepresent the full text.

A. Definitions

Summary: These terms are used throughout this Terms of Service and it’s important that you understand what we are referring to when we use them.

Terms not defined in this section shall have the meaning provided elsewhere in the Terms of Service.

  • “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service,”) and all other operating rules, policies, including the emSketch Privacy Policy and procedures that we may publish from time to time on the Website including but not limited to Shipping, Payments, and Returns.
  • “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service.
  • “Consumer Packaged Goods” refers to Products that customers use up and replace on a regular or frequent basis offered on our Website including, but not limited to cosmetics, coffee, and supplements.
  • “Customers” refers to individuals or entities that purchase our Products through emsketch.com.
  • “Orders” refer to Customer Products once they have been purchased by the Customer.
  • “Produced Orders” refer to Orders that have been completed and shipped.
  • “Products,” refers to all products offered on our Website including, but not limited to clothing, accessories, home decor, kitchenware, footwear, and stationary, cosmetics and other Consumer Packaged Goods.
  • “Providers,” refers to the organizations and companies, including its third-party contract manufacturers, that emSketch partners within the scope of its Service to offer Products to You.
  • “Us” and/or “We” and/or “emSketch” refers to emSketch, Inc., as well as our affiliated legal entities, subsidiaries, directors, contractors, licensors, officers, agents, and employees. emSketch reserves the right to and may provide Services to you through various emSketch legal entities depending on multiple factors, such as, but not limited to Print Provider’s location, your location, region in which the transaction takes place and others.
  • “User,” “You,” “Your” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
  • “Website” refers to emSketch’s website located at emsketch.com, and all content, services and products provided by emSketch through the Website. It also includes emSketch-owned subdomains of emsketch.com, such as app.emsketch.com.
  • “Branding Element” refers to an element printed on demand and added to the Order, such as, a customized card, packaging or other.
  • “Illicit Activity” shall mean any intentional act or omission, including, but not limited to, deception, misrepresentation, or concealment of material facts, committed by a party with the purpose of obtaining an unjust advantage, causing harm or loss to another party, or securing money, property, services, or other benefits, or otherwise contrary to applicable laws and regulations. Illicit Activity may encompass various acts or omissions, such as: (a) defrauding others of money or services, which involves, but is not limited to, obtaining money or services through false pretenses, manipulation, or false promises; (b) forgery, which includes, but is not limited to, creating, altering, or using false documents, signatures, stolen or forged payment instruments or other items with the intent to deceive or defraud; (c) fraudulent misrepresentation, which includes, but is not limited to, making false statements or omitting material facts, knowing it to be false or misleading, with the intent to induce another party to rely on such statements or omissions to their detriment; (d) engaging in, facilitating or permitting any activity, directly or indirectly, that involves money laundering, proliferation or terrorism financing, circumvention of any sanctions applicable under national or international sanction regimes. (e) any other acts or practices that are considered unlawful under applicable laws and regulations.

B. General

  1. When You use Our Services and Content, You are agreeing to:
    1. Our Terms of Service
    2. Our Privacy Policy
    3. Any other terms or policies we reference below.
  2. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement constitutes the entire understanding between emSketch and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between emSketch and You in relation to the access to and use of the Service.
  3. If any provision of these Terms of Service are held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

C. When do these terms apply?

Summary: By using emSketch, you are agreeing to all the terms below.

By using the Service, You acknowledge that You accept and agree to be bound by these Terms of Service. If You do not agree to these Terms of Service, You may not access the Service, and if You are already registered, cancel Your account.

D. Can these terms be modified?

Summary: We can change these Terms of Service, and if the changes are big, we’ll let you know.

emSketch reserves the right to revise the Terms of Service from time to time and the most current version will always be posted on our Website. If a revision, in our sole discretion, is material we will notify You. The “Last Updated” date at the top of the Terms of Service reflects the date of the last modification. Your use of the Service following the effective date of any modifications to the Terms of Service will constitute your acceptance of such modification. If You do not agree to the new Terms of Service, You should stop using the Service and cancel Your account.

E. What is the scope of emSketch’s Services?

Summary: emSketch is an online store that uses the dropshipping method to fulfill customer orders, where third-party suppliers will only create and ship the order(s) directly to the customer once the customer places the order on emsketch.com. emSketch does not do any printing or shipping. Third-party suppliers alone are responsible for their Products, the quality of the print and delivery of Your Product. If you have an issue with the Product, please see Section J below.

We don’t guarantee that our website will be online 100% of the time. Due to the nature of product development and the Internet, our website may have periodic downtimes. Due to the nature of the Internet, emSketch cannot guarantee uninterrupted access and availability of the emSketch Service. We reserve the right to restrict the availability of our Service or certain features if necessary in view of capacity limits or the integrity of our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the emSketch Service. emSketch can improve or modify its Service and may introduce new offerings from time to time.

F. Who can access emSketch and use the Service?

Summary: You have to be at least 18 years old to use our service and if you are signing up on behalf of someone else, you are acknowledging that you have the right to do so. Certain features of our platform may have additional terms other than those here.

  1. You must be at least 18 years old and able to access and use the Service or to create an emSketch account. By accessing and using our Service, you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a contract.
  2. If you open an account on behalf of a company, organization, or other entity, then “You” includes you and that entity, and You represent and warrant that You are authorized to grant all permissions and licenses provided in this Terms of Service and bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf.
  3. The access to or use of certain areas and features of the Service may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms of Service and the terms and conditions applicable to a specific area or feature of the emSketch Service, the more specific terms and conditions will apply, unless specified otherwise.

G. What are the rules for creating and maintaining an account?

Summary: We have certain requirements that you must abide by when you create an account with Us.

  1. To create an emSketch Account You may be required to provide emSketch with certain personal information, which may include your full legal name, current address, phone number, email address, and payment information. This information will be held and used in accordance with emSketch’s Privacy Policy. You agree that You will supply accurate and complete information to emSketch, and that You will update that information promptly after it changes. You further agree that:
    1. You shall not create an account or access the Service if You are under the age of 18;
    2. You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself or your entity, which has provided you authorization to create the account on behalf of it;
    3. We may reject your registration or cancel an existing registration for any reason at our sole discretion.
    4. We will use the email address you provide as the primary method of communication.
    5. Any harassment or insult towards emSketch employees may result in immediate account termination.
  2. You are solely responsible for keeping your account credentials secure and you may not disclose your credentials to any third party. You must immediately notify emSketch if you have any reason to suspect that your credentials have been compromised, lost or stolen or in the case of any actual or suspected unauthorized use of your emSketch Account. You are solely responsible for any and all activities performed through your emSketch account. emSketch will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.
  3. emSketch expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the terms herein. You may terminate your account and participation as a registered user at any. Deleting your account is irreversible and you will not be able to access the data afterwards.
  4. You represent and warrant that you shall not conduct any Illicit Activity against emSketch or any third party, including when using emSketch Service or in your sales process to your own customers. emSketch is at all times entitled to request any documents, information, or other materials reasonably necessary, including “Know Your Client” documentation, as well as conduct an interview to verify and ensure compliance of emSketch Terms. emSketch is at all times entitled at its sole discretion to suspend the provision of emSketch Service entirely or in part, as well as withhold any sums payable by emSketch to You if it reasonably believes that you have committed an Illicit Activity or otherwise breached the emSketch Terms.

H. What are your rights to content on emSketch?

  1. As a condition of use of the Service, You agree not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service and you represent and warrant that you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes in connection with your use of the Services (including the provision of Your Content), purchase of Products, and marketing, sale, and support of Customers who purchase Your Products. You represent and warrant that
    1. You shall not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
    2. You shall not modify, reverse engineer, decompile or disassemble the Service
    3. You shall not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of emSketch.
    4. You shall not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under these Terms of Service.
    5. You shall not circumvent or disable any technological features or measures in the services that are designed for protection of intellectual property rights.
    6. You shall not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
    7. You shall not use or access the Service to compile data in a manner that is used or usable by a competitive product or service.
    8. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone.
    9. You shall not use your Account to engage in any illegal conduct.
    10. You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account and You are responsible for any use of your credit card or other payment instrument by minors.
    11. You shall not make any representations or warranties concerning the Products beyond what is permitted or expressly authorized by the Provider of such Products.
    12. Any such forbidden use shall immediately terminate Your license to the Service.
  2. When You use the Service, emSketch reserves the right to view, monitor, and record activity without notice or further permission from You, to the fullest extent permitted by applicable law, although we have no obligation to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Service.

Due to the nature of the Internet, emSketch cannot guarantee uninterrupted access and availability of the emSketch Service. We reserve the right to restrict the availability of our Service or certain features if necessary in view of capacity limits or the integrity of our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the emSketch Service. emSketch can improve or modify its Service and may introduce new offerings from time to time.

I. How do payments work on emSketch?

Summary: No products are produced or shipped unless payment for those products has first been received via credit OR debit.

  1. Orders will not be processed until payment has been received by emSketch.
  2. emSketch charges Users when Orders are sent to production.
  3. emSketch may issue a coupon. A coupon is virtual money that can be used for paying for manual and sample orders. You may use a coupon only for a single order. Multiple coupons cannot be combined. Each coupon’s value is divided according to the total line items in the order. It cannot be converted to cash or withdrawn.
  4. If you have an issue with your order, contact emSketch before disputing your claim with your credit card company. If you have filed a dispute with your credit card company, we will not be able to issue you a refund as well, and we cannot make any refunds or replacements until the dispute is resolved or cancelled. If there are Order issues and after an investigation emSketch offers a refund, it will be refunded back to the original payment method.
  5. Where required by law, emSketch will collect and remit sales tax on behalf of users for transactions. Sales tax will be calculated and collected at the point of sale and subsequently remitted to the appropriate tax authorities.
  6. Users who qualify for tax exemptions (including but not limited to a valid resale certificate, VAT ID, ABN) must provide the appropriate exemption documentation to emSketch before any such exemptions can be applied. emSketch reserves the right to continue collecting and remitting sales tax in compliance with applicable local laws if no valid exemption documentation is provided.
  7. Failure to provide accurate or timely exemption documentation may result in sales tax being charged on transactions, which emSketch is unable to refund or retroactively adjust once collected and remitted.
  8. European Union (EU) regulations require emSketch to collect Value Added Tax (“VAT”) on all orders produced and shipped within the EU.

J. How does emSketch handle order related issues?

Summary: If you have an issue with your Order, contact emSketch Merchant Support directly within 30 days of the product delivery and provide a detailed description of your issue, accompanied by relevant photo or video evidence that supports your case. After investigation, we will determine if you are eligible to receive a free of charge Reprint or Refund. Some issues do not qualify for reprinting, such as the issues outlined below.

  1. emSketch does not hold any inventory and does not perform any of the development or manufacturing of any of the Products or handle printing itself. Other than issues caused by technical error, we are not responsible for the quality and outcome of Produced Orders. The quality of the production is dependent on the Provider. However, if your order has issues, steps for resolution are outlined below.
  2. emSketch’s Merchant Support team handles all conflict resolution on behalf of our Providers. Users agree to contact emSketch Merchant Support for all conflict resolution. If the Produced Order does not meet User or Customer expectations, Users must first contact emSketch Merchant Support within 30 days of product delivery and will not contact the Print Providers. In order to best resolve the matter, the User should provide all relevant materials for emSketch to investigate the issue, including a description of the Produced Order, the issue, and quantity of Products affected. If a User contacts the Provider directly, the User risks account suspension at emSketch’s sole discretion.
  3. Products are unique and produced to the Order, therefore, they are non-refundable. By submitting an Order to production either manually or via an automatic setting, you acknowledge that the Order execution or Order contents (products, shipping method, delivery and return addresses) cannot be further modified. If the shipment details are incorrect, or if the Customer Ordered the wrong size or color, emSketch cannot be held responsible.
  4. After an Order is placed emSketch cannot guarantee that it will be possible to issue a full or partial Refund in case of canceled Orders.  Upon receiving a cancellation request, emSketch will determine whether your cancellation is eligible for a full or partial Refund depending on the stage of the fulfillment of the Order.
  5. The Production times listed on the Website are estimated average times and are in no way guaranteed. If Your Order seems to be taking an unusually long time to be produced or delivered, please contact emSketch’s Merchant Support team. If the Produced Order is lost during Shipment, emSketch will investigate and may provide replacements when appropriate.
  6. After investigating your issue, if emSketch’s Merchant Support team determines that your product is faulty, the Order or line items will be replaced or refunded at the discretion of emSketch. Refunds will be issued to the original payment method.
  7. emSketch does not provide Refunds for Orders still in transit, unless they are deemed lost by our Merchant Support team.
  8. The Customer is responsible for ensuring that the specified delivery address for each and every Order is valid and accurate. If a delivery of an Order is incomplete due to an invalid or incorrect address, the Customer can either request a reshipment or cancellation of the order. Costs associated with reshipment of the Order and/or cancellation shall be borne by the Customer.
  9. If an order has not been delivered in 30 calendar days (for domestic US or regional EU orders) or in 45 calendar days (for international orders), Customers should contact emSketch Merchant Support within 1 week in order to be eligible for a reprint/refund.
  10. If tracking of an Order states that it has been delivered, yet the Customer reports it as not received, emSketch reserves the rights to refuse a free of charge Reprint or a Refund. Such cases will be individually investigated by the Merchant Support team.
  11. An Order can be delayed due to delays from shipping carriers. emSketch cannot guarantee precise delivery dates on shipping, as it is dependent on the shipping carriers. Consequently, emSketch assumes no liability associated with delay and does not offer any Reprints and/or Refunds caused by shipping delays, unless our Merchant Support team determines that the package was lost in-transit.
  12. emSketch reserves the right to refuse a request for Refund or Reprint, if the reasons for the complaint are due to the following: issues in the artwork file, placement, limitations of the product, bleed areas and not following the design guidelines and/or any other reason not eligible for a Refund or Reprint. Such requests will be dealt on a case-by-case basis.

K. When your Order may be cancelled?

In rare cases, emSketch may cancel an order before it is sent to production. We will do this only under certain reasonable circumstances, and if we do, we’ll issue a full refund to the Customer. emSketch reserves the right to cancel any Order prior to the commencement of production if, in emSketch’s reasonable determination, fulfilling the Order would be commercially impractical, violate applicable policies, or result in financial loss. The following are commercially reasonable grounds for such cancellations, though this list is not exhaustive:

  1. Risk of Financial Loss: emSketch may cancel an Order if fulfillment would result in a financial loss to emSketch.
  2. Illicit Activity or Policy Violations: If an Order is associated with any activity that emSketch determines to be fraudulent, deceptive, or in violation of emSketch’s Terms of Service or applicable laws (including suspected use of stolen payment credentials or circumvention of platform restrictions), the Order may be canceled.

In the event of cancellation under this Section, emSketch will issue a full refund of any amounts paid for the Order to the Customer. The Merchant agrees that emSketch’s cancellation and refund of an Order to the Customer under this Section constitutes the Merchant’s sole and exclusive remedy. The Merchant expressly waives any claims against emSketch for loss of profit, revenue, business opportunity, or reputational harm arising from such cancellation.

L. Can you use emSketch’s image and name?

Summary: We take intellectual property rights seriously and we kindly ask you to respect ours.

  1. emSketch, emSketch.com, and other emSketch graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, or trade dress of emSketch that may not be used in connection with any Product or service without the prior written consent of emSketch. The images and icons available in our brand and press kit may be used by partners and third party sites as long as the appropriate links to the emSketch Website are included.

M. Limitation of liability

Summary: We are not responsible for any losses you incur as a result of using our Service or your purchase and use of Products. We are not responsible if you break the law or breach this agreement and are sued as a result. Please read this section carefully; it limits our obligation and responsibilities to you.

  1. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMSKETCH, ITS OFFICER, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISES, OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO EMSKETCH OR $100.00 (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) THE USE OF OR INABILITY TO USE THIS SERVICE, (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING PROVIDERS, (d) ANY OTHER MATTER RELATED TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  2. You agree to indemnify and hold emSketch and, its parent, subsidiaries, affiliates, partners, and Providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service, including your representations and warranties herein, (b) your negligence or intentional acts or omissions hereunder; or (c) your violation of any law or the rights of a third party.
  3. Warranty Disclaimers.
    • emSketch controls and operates the Service from various locations and makes no representation that the Service is appropriate or available for use in all locations. Services may not be available in Your location or may vary across locations. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. EMSKETCH, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EMSKETCH OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
    • YOU ACKNOWLEDGE AND AGREE THAT EMSKETCH IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD EMSKETCH LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING PROVIDERS OR OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES OR THEIR PRODUCTS RESTS ENTIRELY WITH YOU.

N. What if I have legal issues with emSketch?

Summary: If you have legal issues with emSketch, you agree to talk to us first, and if we can’t resolve the situation together, we will follow professional procedures for arbitration. If the issue isn’t arbitrable, all legal issues will be handled in the State of Delaware.

  1. If a dispute arises from or relates to these Terms of Service, You agree to first contact emSketch Merchant Support to attempt to resolve the issue. If the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to the Terms of Service shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
  2. To the extent any claim, dispute or controversy regarding emSketch or our Service isn’t arbitrable under applicable laws or otherwise, You and emSketch both agree that any claim or dispute regarding emSketch will be resolved exclusively in accordance with Clause N.3 of these Terms of Service.
  3. These Terms of Service shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the United States District Court for the District of Delaware, for any actions not subject to Arbitration as outlined in Clause N.1 herein.
  4. Further, to the fullest extent permitted by law, You and emSketch agree that no class or collective actions can be asserted in arbitration, court or otherwise. All claims, whether in arbitration, court or otherwise, must be brought solely in Your or emSketch individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding.