Why You’re Reading This Document
The purpose of this Agreement is to openly communicate the expectations associated with the purchase of your ETL Product (The “ Product” or “Products”). If you have any questions, please let us know, as we want to make sure we are all on the same page moving forward.
In exchange for the purchase of Edge Theory Labs’s Product, you agree to be bound by the following conditions.
- Parties. We will refer to Edge Theory Labs, Inc., an incorporated company based in the State of Delaware, as “Edge Theory Labs ”, “us” or “we” or “our”, and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Agreement, as “you”, “the Buyer”, or “your”.
- Purchase Price. The Buyer will accept the Product or Products from Edge Theory Labs and pay for the Product or Products depending on what has been purchased, with the different options and prices outlined in Schedule "A" (the "Purchase Price"), paid as follows:
- A one-time payment for the full Purchase Price, plus relevant taxes.
- There is the possibility for payment plans via Klarna, Affirm or similar payment plans.
- Shipping inside the Continental United States will be included.
- The Purchase Price must be completed in full before your order will be processed and the Product will be sent to you.
- Delivery of your Product. Delivery of your order will be deemed complete once your item’s tracking information is shown as delivered to the address provided. You will be able to track your purchase via FedEx, UPS, USPS, or similar common courier. Your order may show up in one or multiple boxes depending on the items ordered.
- Installment of the Tub. Our Products are very easy to set up, and all of the setup can be done yourself without the need for any professional support. It takes 15 minutes, and you'll have fun doing it! See our support page for more information.
- Waiver of Liability. You understand that you must sign our Waiver of Liability before using the Tub. This Waiver of Liability outlines that it is your responsibility to seek permission to participate in hot/cold tub experiences from a medical professional and that you assume all risks in using our Tub. Further, you must make yourself aware of all risks associated with using a hot/cold tub (including but not limited to heart conditions, epilepsy, cardiovascular disease, pregnancy complications, etc.) and participate in any hot/cold tub activities voluntarily once making yourself aware of such risks.
- Warranties. Please refer to our Warranty Policy for any information on the warranties surrounding our products.
- Disclaimers. Except as expressly warranted in this Agreement, the Product is provided “as-is”, and neither Edge Theory Labs nor its vendors, suppliers, licensors or partners make(s) any warranties, oral or written, express or implied, arising from the course of dealing, course of performance, usage of trade, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-interference or non-infringement. Edge Theory Labs will not be liable for damages or injuries resulting from improper water chemistry, unsanitary conditions, or maintenance issues caused by this unauthorized use. Further, Edge Theory Labs makes no promises or warranties regarding any form of medical or health benefits from the use of the Product. Please consult a medical professional before use.
- No Substitute for Medical Advice. Edge Theory Labs does not make any representations that it is a medical professional or that any benefits from using the Product will provide any health benefits or improvements. Please consult with a medical professional before using any of our Products to understand if it is the right fit for you.
- Warning Label. You understand that each Product comes with a Warning Label on the unit, and it is your responsibility to read it carefully and ensure you understand the risks of using our Products. If you are using your Products for commercial purposes or having other third parties in the tub, you should bring the warning to their attention before use.
- Title. Title to the Product will remain with Edge Theory Labs until delivery and actual receipt of your product by the Buyer. In the event payments are being made in, the title to your product will remain with Edge Theory Labs until all payments have been completed.
- Inspection. Inspection will be made by the Buyer at the time and place of delivery, and by accepting delivery, the Buyer agrees to accept the Product in its existing condition.
- Claims. The Buyer's failure to give notice of any claim within 10 days from the date of delivery will constitute an unqualified acceptance of the Product and a waiver by the Buyer of all claims with respect to the Product.
- Excuse for Delay or Failure to Perform. Edge Theory Labs will not be liable in any way for any delay, non-delivery or default in shipment due to labor disputes, transportation shortages, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of Edge Theory Labs or its suppliers. If Edge Theory Labs, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering your Product at the time specified or within one month after the date of this Agreement, then Edge Theory Labs will have the right to terminate this Agreement by notice in writing to the Buyer, which notice will be accompanied by full refund of all sums paid by the Buyer pursuant to this Agreement.
- Remedies. The Buyer's exclusive remedy and Edge Theory Labs' limit of liability for any and all losses or damages resulting from defective Product or from any other cause will be for the Purchase Price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Buyer.
- Cancellation. Edge Theory Labs reserves the right to cancel this Agreement:
- if the payment of the Purchase Price by the Buyer will, for some reason, fail or become canceled or disputed.
- Notices. Any notice to be given or document to be delivered to either Edge Theory Labs pursuant to this Agreement will be sufficient if delivered personally or sent by email.
- Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of Delaware. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Delaware. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by Edge Theory Labs of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only, and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed by any number of counterparts, each of which is an original and all of which, taken together, constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
SCHEDULE "A" PRODUCT LIST
ETL Tub Elite
ETL Tub Legacy
ETL Tub Elite Commercial
ETL Tub Elite Pro Team
Accessories and Maintenance items can be found on our website.