Terms of Service

Last Updated: March 1, 2023

Introduction

Welcome to EC. These Terms of Service ("Terms") govern your access to and use of our website, mobile application, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Please read these Terms carefully before using our Services. These Terms constitute a legally binding agreement between you and EC ("we," "our," or "us").

Eligibility

You must be at least 16 years old to use our Services. By using our Services, you represent and warrant that you are at least 16 years old and have the legal capacity to enter into these Terms. If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

Account Registration

To access certain features of our Services, you may need to create an account. When you create an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account at our discretion, without notice, for conduct that we determine violates these Terms or is harmful to other users of our Services, us, or third parties, or for any other reason.

Use of Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use.

You agree not to:

• Use our Services in any way that violates any applicable law or regulation
• Use our Services for any illegal or unauthorized purpose
• Interfere with or disrupt the operation of our Services or servers or networks connected to our Services
• Attempt to gain unauthorized access to any portion of our Services or any other accounts, computer systems, or networks connected to our Services
• Use any robot, spider, crawler, scraper, or other automated means to access our Services
• Bypass or circumvent measures we may use to prevent or restrict access to our Services
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services without our express written permission
• Use our Services to transmit any malware, spyware, or other malicious code
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Services

Products and Purchases

All product descriptions, prices, and availability are subject to change without notice. We reserve the right to limit quantities of any products or services and to discontinue any product or service at any time.

When you place an order through our Services, you are making an offer to purchase the products or services at the listed price. We reserve the right to accept or decline your order for any reason, including product unavailability, errors in product or pricing information, or problems with your account or payment method.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Shipping and Delivery

We will make reasonable efforts to ship products within the estimated timeframes provided at checkout. However, shipping times are estimates only and are not guaranteed. We are not responsible for delays in shipping or delivery due to circumstances beyond our control, including but not limited to weather conditions, natural disasters, customs processing, or carrier delays.

Risk of loss and title for items purchased from our Services pass to you upon delivery of the items to the carrier.

Returns and Refunds

Our return and refund policy is available on our Shipping & Returns page. By making a purchase through our Services, you agree to the terms of our return and refund policy.

Intellectual Property

Our Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution

No right, title, or interest in or to our Services or any content on our Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of our Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

User Content

Our Services may allow you to post, submit, publish, display, or transmit content, such as product reviews, comments, or social media posts (collectively, "User Content"). All User Content must comply with these Terms and must not:

• Be false, misleading, or deceptive
• Be defamatory, obscene, pornographic, vulgar, or offensive
• Promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
• Promote violence or actions that are threatening to any person or entity
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations
• Contain any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment

By posting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above.

Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE.

Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Los Angeles County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or your use of our Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Waiver and Severability

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Changes to Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Services thereafter. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.

Contact Us

If you have any questions or concerns about these Terms, please contact us at:

EC
Attn: Legal Department
123 Ocean Avenue
Venice Beach, CA 90291
Email: legal@ecstore.com
Phone: (310) 555-1234