[01] About EMSHI

EMSHI Inc. is a product and brand development studio based in Los Angeles, California. EMSHI provides product development, brand development, technical design, patent-support, IP-informed development, licensing-readiness support, consulting, and related services for founders, brands, entrepreneurs, inventors, and businesses.

The information on this website is provided to describe our studio, services, projects, capabilities, experience, and areas of focus.

[02] Website Use and Informational Purposes

This website is provided for general informational, promotional, and inquiry purposes only. The content on this website does not constitute legal, financial, manufacturing, business, technical, or professional advice specific to your circumstances.

Any reliance on the information provided on this website is at your own discretion. Before making business, legal, financial, product development, manufacturing, licensing, or intellectual property decisions, you should consult the appropriate qualified professionals.

[03] No Client Relationship

Your use of this website, submission of an inquiry, scheduling of a call, or communication with EMSHI through the website does not create a client relationship, consulting relationship, agency relationship, partnership, joint venture, fiduciary relationship, or other professional relationship.

A formal relationship with EMSHI is created only if and when EMSHI and you enter into a separate written agreement, such as a proposal, statement of work, consulting agreement, services agreement, nondisclosure agreement, licensing agreement, or other written contract.

[04] No Confidential Submissions Through the Website

Please do not submit confidential, proprietary, patentable, invention-related, trade secret, or otherwise sensitive project information through this website unless we have entered into a separate written agreement with you, such as a nondisclosure agreement, consulting agreement, services agreement, or other written contract.

Any information submitted through the website without a separate written agreement may be treated as non-confidential for purposes of reviewing and responding to your inquiry.

If you believe your project involves confidential information, proprietary materials, patentable subject matter, trade secrets, sensitive business strategy, or invention-related information, please contact us first to discuss whether a separate written agreement is appropriate before submitting those materials.

[05] Service Inquiries and Project Evaluation

EMSHI may review inquiries submitted through the website to determine whether a project, collaboration, licensing opportunity, or potential engagement may be a fit for our services. We reserve the right to accept, decline, or discontinue discussions regarding any inquiry, project, collaboration, licensing opportunity, or proposed engagement at our discretion.

Submitting an inquiry does not require EMSHI to provide services, enter into an agreement, review submitted materials in detail, maintain confidentiality absent a written agreement, or pursue a business relationship.

[06] Separate Written Agreements Control Paid Services

Any paid services, project scopes, fees, payment schedules, timelines, deliverables, revisions, cancellations, refunds, ownership rights, confidentiality obligations, licensing terms, and other project-specific terms will be governed by a separate written proposal, statement of work, invoice, consulting agreement, services agreement, nondisclosure agreement, licensing agreement, or other written agreement between you and EMSHI.

If there is any conflict between these Terms and a separate written agreement signed or otherwise accepted by EMSHI, the separate written agreement will control with respect to the specific services, project, or engagement described in that agreement.

[07] No Guarantee of Results

Any descriptions of EMSHI’s services, process, past work, capabilities, development approach, consulting approach, case studies, licensing-readiness support, or potential outcomes are provided for general informational purposes only.

EMSHI does not guarantee any specific result, including product viability, manufacturability, commercial success, market acceptance, sales, revenue, funding, investment, licensing opportunities, retailer placement, buyer interest, manufacturer interest, patentability, trademark availability, intellectual property protection, enforcement outcome, business performance, or other commercial result.

Product development, brand development, technical design, patent-support, licensing-readiness, and commercialization efforts involve many factors outside EMSHI’s control.

[08] Patent-Support and IP-Related Disclaimer

EMSHI is not a law firm and does not provide legal advice.

Any patent-support, prior art research, IP landscape research, patent figure planning, patent draft organization, claim-support feature mapping, protectable feature identification, licensing-readiness support, or other intellectual property-related support provided by EMSHI is offered for product development, organization, strategy, and communication purposes only.

EMSHI’s patent-support and IP-related services are intended to complement and support work with qualified legal counsel, not replace it. You should consult a licensed attorney, registered patent attorney, or registered patent agent for legal advice regarding patents, trademarks, copyrights, contracts, licensing, enforcement, prosecution, claim drafting, freedom-to-operate, ownership, assignments, confidentiality, or any other legal matter.

Nothing on this website should be interpreted as legal advice or as a substitute for advice from qualified legal counsel.

[09] Licensing Opportunities and Business Discussions

From time to time, EMSHI may discuss licensing opportunities, manufacturing opportunities, brand partnerships, collaborations, commercialization strategies, product development opportunities, or related business opportunities through the website or in subsequent communications.

Any such discussion is preliminary unless and until it is documented in a separate written agreement signed or otherwise accepted by the relevant parties.

Nothing on this website creates an offer, obligation, exclusivity arrangement, agency relationship, broker relationship, manufacturer relationship, distributor relationship, license, assignment, partnership, joint venture, or other binding business arrangement.

Any licensing, manufacturing, distribution, collaboration, investment, or partnership arrangement must be set forth in a separate written agreement.

[10] User-Submitted Materials

If you submit information, materials, concepts, documents, images, sketches, prototypes, product descriptions, brand materials, business materials, or other content to EMSHI through the website, you represent that you have the right to submit those materials and that your submission does not violate the rights of any third party.

You are solely responsible for the accuracy, legality, and completeness of any materials you submit.

By submitting materials through the website, you grant EMSHI a limited right to review and use those materials solely for purposes of evaluating your inquiry, communicating with you, determining whether EMSHI’s services may be a fit, and taking any other steps reasonably related to your inquiry, subject to any separate written agreement that may apply.

Submission of materials through the website does not transfer ownership of those materials to EMSHI. However, EMSHI does not accept any obligation of confidentiality, exclusivity, review, compensation, or non-use with respect to materials submitted through the website unless expressly agreed in a separate written agreement.

[11] EMSHI Intellectual Property

All content on this website, including text, images, graphics, logos, layouts, service descriptions, case studies, product names, design language, photographs, videos, concepts, drawings, visual treatments, website structure, and other materials, is owned by or licensed to EMSHI and is protected by copyright, trademark, trade dress, and other intellectual property laws.

You may not copy, reproduce, modify, distribute, display, publish, sell, license, scrape, extract, train artificial intelligence systems on, or otherwise use any content from this website without EMSHI’s prior written permission.

You may view the website and its content for personal, informational, and non-commercial purposes related to learning about EMSHI and our services. No other use is permitted without our prior written consent.

[12] Trademarks

EMSHI, Midwear, The Couch Surfer, and any other EMSHI names, logos, product names, service names, taglines, trade names, or brand identifiers displayed on this website are trademarks, service marks, trade names, or other brand identifiers owned by or associated with EMSHI.

Nothing on this website grants you any right or license to use any EMSHI trademark, service mark, trade name, logo, product name, or brand identifier without our prior written permission. Unauthorized use of EMSHI’s marks or brand identifiers is prohibited.

[13] Portfolio, Case Studies, and Examples

Portfolio items, case studies, photographs, videos, prototypes, product examples, development examples, and project descriptions shown on this website are provided to demonstrate EMSHI’s work, capabilities, process, and areas of experience.

These materials may include EMSHI-owned projects, internal concepts, client work used with permission, representative examples, or works in development. Case studies, examples, visuals, and project descriptions do not guarantee that the same or similar results will be achieved for any other project.

Unless expressly stated otherwise, references to projects, concepts, prototypes, or product examples do not indicate that any third party has endorsed, partnered with, licensed, purchased, manufactured, invested in, or otherwise approved the project.

[14] Third-Party Links, Platforms, and Tools

This website may include links to third-party websites, platforms, tools, service providers, social media pages, scheduling systems, payment processors, analytics providers, embedded content, or other external services.

EMSHI is not responsible for the content, terms, privacy practices, security, accuracy, availability, or performance of any third-party websites, platforms, tools, or services. Your use of third-party websites or services is governed by the terms and privacy policies of those third parties.

[15] Payments, Invoices, Refunds, and Cancellations

Any payment terms, deposits, retainers, invoices, late fees, cancellation policies, refund policies, project pauses, revisions, termination rights, or other financial terms for paid services will be stated in the applicable proposal, invoice, statement of work, consulting agreement, services agreement, or other written agreement.

Unless otherwise stated in writing, fees for completed consultations, strategy sessions, research work, design work, technical work, development work, and other professional services are non-refundable once the service has been provided.

Payment processing may be handled by third-party payment processors, invoicing platforms, or financial service providers. EMSHI is not responsible for errors, delays, security issues, or processing practices of third-party payment providers, except as required by applicable law.

[16] User Conduct

You agree not to use this website for any unlawful, harmful, misleading, or unauthorized purpose.

You may not:

• Submit false, misleading, fraudulent, or inaccurate information

• Impersonate another person, business, or entity

• Copy, reproduce, scrape, or misuse EMSHI’s website content

• Attempt to gain unauthorized access to the website, servers, systems, or related platforms

• Interfere with or disrupt the operation, security, or performance of the website

• Upload or transmit viruses, malware, harmful code, spam, or malicious content

• Use the website to violate the rights of EMSHI or any third party

• Use the website to submit materials you do not have the right to share

• Use EMSHI’s content, marks, materials, or project examples without permission

• Use the website or its content to train, develop, improve, or operate artificial intelligence systems without EMSHI’s prior written permission

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

[17] Automated Access, Scraping, and AI Use

You may not use bots, crawlers, scrapers, automated tools, data-mining methods, artificial intelligence systems, machine learning systems, or similar technologies to access, copy, extract, reproduce, summarize, analyze, train on, or otherwise use website content without EMSHI’s prior written permission.

This restriction applies to all website content, including text, images, graphics, service descriptions, case studies, product descriptions, photographs, videos, project examples, layouts, and other materials.

EMSHI reserves all rights in its website content and does not grant permission for automated extraction, dataset creation, model training, or similar uses.

[18] Disclaimer of Warranties

This website is provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, EMSHI makes no warranties or representations, express or implied, regarding the website or its content, including any warranties of accuracy, completeness, reliability, availability, security, merchantability, fitness for a particular purpose, non-infringement, or uninterrupted access.

EMSHI does not warrant that the website will be error-free, secure, current, complete, uninterrupted, free of harmful components, or compatible with every device, browser, or platform.

[19] Limitation of Liability

To the fullest extent permitted by law, EMSHI will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost business opportunities, loss of data, loss of goodwill, loss of intellectual property rights, or other intangible losses arising from or related to:

• Your use of or inability to use the website

• Your reliance on website content

• Any inquiry, submission, or communication made through the website

• Any third-party website, platform, tool, or service linked to or used in connection with the website

• Any unauthorized access to or use of information submitted through the website

• Any errors, omissions, interruptions, delays, or security issues related to the website

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

[20] Indemnification

You agree to indemnify, defend, and hold harmless EMSHI, its owners, officers, directors, employees, contractors, collaborators, service providers, affiliates, successors, and assigns from and against any claims, damages, liabilities, losses, costs, or expenses, including reasonable attorneys’ fees, arising from or related to:

• Your use of the website

• Your submitted materials

• Your violation of these Terms

• Your violation of any law or regulation

• Your violation of any rights of another person, business, or entity

• Your misuse of EMSHI’s content, services, marks, or materials

EMSHI reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with EMSHI in defending such claims.

[21] Privacy Policy

Your use of this website is also governed by our Privacy Policy, which explains how EMSHI collects, uses, discloses, and protects personal information. Please review our Privacy Policy before using the website or submitting information through the website.

[22] Changes to These Terms

We may update these Terms from time to time. When we make changes, we will update the “Effective Date” at the top of this page. Your continued use of the website after updated Terms are posted means you accept the updated Terms.

[23] Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

[24] Dispute Resolution and Venue

Any dispute arising from or relating to these Terms, the website, or your use of the website will be handled in the state or federal courts located in Los Angeles County, California, unless otherwise required by law or agreed in a separate written agreement.

You agree to submit to the personal jurisdiction of those courts for purposes of resolving any such dispute.

[25] Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will remain in full force and effect.

The invalid, unlawful, or unenforceable provision will be modified or interpreted to the extent necessary to make it enforceable while preserving its original intent as closely as possible.

[26] Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices posted on the website, constitute the entire agreement between you and EMSHI regarding your use of the website.

These Terms do not replace or modify any separate written agreement between you and EMSHI for paid services, consulting, licensing, confidentiality, collaboration, or other business matters.

[27] Contact Us

If you have questions about these Terms, you may contact us at: 

EMSHI Inc.

support@emshi.com