Terms of Use

Effective Date: September 10, 2026

Welcome to ESS Promotions LLC (“ESS Promotions,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website, esspromotions.com (the “Website”), including all content, features, services, and products made available through the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Website.

1. Use of the Website

You may use the Website for lawful purposes and in accordance with these Terms.

You agree not to:

• Use the Website for any unlawful or unauthorized purpose.

• Attempt to gain unauthorized access to any portion of the Website, server, database, or other systems.

• Interfere with or disrupt the operation or security of the Website.

• Upload or transmit malicious software, viruses, or other harmful material.

• Use automated systems, bots, scrapers, or similar tools to access or collect information from the Website without our permission.

• Impersonate ESS Promotions, its representatives, clients, talent, or any other person or organization.

• Use information obtained from the Website to engage in fraudulent, abusive, or unlawful activity.

• Reproduce, copy, distribute, modify, or exploit Website content without authorization.

We reserve the right to restrict or terminate access to the Website if we believe a user has violated these Terms or applicable law.

2. Website Content

The Website may contain information about ESS Promotions, our services, represented talent, entertainment projects, events, podcasts, merchandise, promotional activities, and other related content.

We make reasonable efforts to keep Website information accurate and current. However, we do not guarantee that all information on the Website will always be complete, accurate, reliable, or up to date.

We reserve the right to modify, update, remove, or discontinue any Website content, feature, product, service, or functionality at any time without prior notice.

3. Intellectual Property

Unless otherwise stated, the Website and its contents are owned by or licensed to ESS Promotions and are protected by applicable copyright, trademark, intellectual property, and other laws.

Website content may include, but is not limited to:

• Text

• Logos

• Trademarks

• Images

• Photographs

• Graphics

• Videos

• Audio

• Podcasts

• Designs

• Artwork

• Written materials

• Website layout and design

• Other promotional and media content

You may view and use Website content for personal, non-commercial purposes only.

You may not copy, reproduce, modify, publish, distribute, sell, license, display, transmit, or otherwise exploit Website content without prior written permission from ESS Promotions or the applicable rights holder.

Nothing in these Terms grants you ownership or any other intellectual property rights in Website content.

4. Trademarks

ESS Promotions and its logos, names, branding, slogans, and other marks may constitute trademarks or service marks of ESS Promotions or their respective owners.

You may not use any ESS Promotions trademarks or branding without prior written authorization.

All other trademarks, service marks, logos, and brand names appearing on the Website belong to their respective owners.

5. Merchandise and Online Purchases

The Website may allow you to purchase merchandise or other products.

By placing an order, you agree to provide accurate and complete information necessary to process and fulfill your order.

We reserve the right to:

• Refuse or cancel an order.

• Limit quantities.

• Correct pricing or product description errors.

• Correct errors in availability or shipping information.

• Require additional information before processing an order.

Product availability, descriptions, pricing, and other information may change without notice.

Your purchase may also be subject to additional terms, policies, shipping conditions, return policies, or requirements presented during the checkout process.

6. Payments

Payments made through the Website may be processed by third-party payment providers.

By submitting payment information, you authorize the applicable payment provider to process the transaction according to its terms and policies.

ESS Promotions does not guarantee the availability or uninterrupted operation of any third-party payment service.

7. Orders and Shipping

For merchandise purchases, you are responsible for providing accurate billing and shipping information.

ESS Promotions is not responsible for delays, failed deliveries, or other issues caused by incorrect information provided by the customer, shipping carriers, weather, natural disasters, government actions, or circumstances beyond our reasonable control.

Additional shipping, return, exchange, or refund terms may apply to individual products or orders.

8. User Submissions

If you submit information, comments, reviews, photographs, messages, applications, inquiries, or other content through the Website or to ESS Promotions, you are responsible for the content you provide.

You represent that you have the right to submit such content and that your submission does not:

• Violate any law.

• Infringe another person’s intellectual property rights.

• Violate another person’s privacy or publicity rights.

• Contain defamatory, fraudulent, threatening, abusive, or unlawful material.

• Contain malicious code or harmful software.

By submitting content, you grant ESS Promotions permission to use, reproduce, display, or otherwise process the submission as reasonably necessary to operate our business and respond to your request, subject to our Privacy Policy and any specific agreement that may apply.

We are not obligated to publish, maintain, or respond to user-submitted content.

9. Talent, Entertainment, and Promotional Content

ESS Promotions may provide information regarding talent, artists, entertainers, performers, events, appearances, media projects, promotional activities, or other entertainment-related matters.

Information presented on the Website does not necessarily constitute a guarantee of availability, representation, booking, appearance, endorsement, or participation.

All bookings, engagements, appearances, partnerships, and other professional arrangements may be subject to separate written agreements and additional terms.

Nothing on the Website creates an agency, employment, partnership, joint venture, or contractual relationship unless expressly established through a separate written agreement.

10. Third-Party Websites and Services

The Website may contain links to third-party websites, social media platforms, payment providers, shipping services, video platforms, podcasts, or other external services.

These third-party websites and services are not controlled by ESS Promotions.

We are not responsible for the content, availability, security, privacy practices, terms, or policies of third-party websites or services.

Your use of third-party websites and services is subject to their respective terms and policies.

11. Disclaimer of Warranties

The Website and its content are provided on an “as is” and “as available” basis to the fullest extent permitted by applicable law.

ESS Promotions makes no warranties, express or implied, regarding the Website or its content, including warranties of:

• Accuracy

• Reliability

• Availability

• Fitness for a particular purpose

• Merchantability

• Non-infringement

• Security

We do not guarantee that the Website will always be available, uninterrupted, secure, error-free, or free from viruses or other harmful components.

12. Limitation of Liability

To the fullest extent permitted by applicable law, ESS Promotions LLC and its owners, officers, employees, agents, representatives, affiliates, service providers, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to:

• Your use of or inability to use the Website.

• Your reliance on Website content.

• Products or services purchased through the Website.

• Third-party websites or services.

• Unauthorized access to or use of information.

• Errors, interruptions, delays, or technical problems.

• Any other matter relating to the Website.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

13. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless ESS Promotions LLC and its owners, officers, employees, agents, representatives, affiliates, and service providers from claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or related to:

• Your use of the Website.

• Your violation of these Terms.

• Your violation of applicable laws or regulations.

• Your violation of the rights of another person or entity.

• Content or information you submit to us.

14. Privacy

Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, disclose, and protect personal information.

By using the Website, you acknowledge that you have reviewed our Privacy Policy.

15. Changes to These Terms

ESS Promotions may update or modify these Terms at any time.

When changes are made, the updated Terms will be posted on this page with a revised Effective Date.

Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms.

16. Termination

We may suspend or terminate your access to the Website at any time, with or without notice, if we believe that you have violated these Terms, applicable law, or the rights of ESS Promotions or another party.

Provisions that by their nature should survive termination, including intellectual property, disclaimers, limitations of liability, indemnification, and governing law, will remain in effect.

17. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of New Jersey, without regard to its conflict-of-law principles.

Any dispute arising from or relating to these Terms or your use of the Website shall be subject to the applicable courts located in New Jersey, unless otherwise required by applicable law.

18. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements expressly incorporated into the Website, constitute the agreement between you and ESS Promotions regarding your use of the Website.

They supersede any prior or contemporaneous understandings regarding use of the Website, except where a separate written agreement specifically applies.

20. Contact Us

If you have questions about these Terms of Use, please contact us:

ESS Promotions LLC
Eric Simms, President & Founder
Freehold, New Jersey
Email: ESS316@AOL.com
Phone: (908) 839-2692

Website: esspromotions.com