Terms of Service
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms"), govern your access to and use of https://store.ecnail.com/ (the "Site") and our related services (together with the Website, the "Services"), whether as a guest or registered user.
The Service is available and intended for use by users 13 years of age or older. By using the Service, you represent and warrant that you are of legal age to enter into a binding contract with the Company and that you meet all of the eligibility requirements set forth above. If you do not meet all of these requirements, you may not access or use the Services.
Modification of Terms
We reserve the right to change or modify these Terms at any time at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, for example by updating the "last updated" date at the beginning of these Terms. By continuing to use the Services at any time after such update, you confirm your acceptance of the revised Terms and all terms incorporated by reference therein. You should review these Terms from time to time to ensure that you are aware of the terms and conditions that apply when accessing or using the Services. If you do not agree to the revised terms, you may not be able to access or use the Services.
Use of the Services; Account Setup and Security
1. The Services include an online shop provided by the Company that enables users to purchase our products and create accounts.
2. Eligible Users. The Services are not intended for use by anyone under the age of 13.
3. Account Registration. In order to use certain features of the Services, you will need to register for an account ("Account"). By registering for an Account, you ("Registered User") agree to provide accurate, current and complete account information and to maintain and promptly update your account information as necessary.
4. By creating an Account, you represent and warrant that you have all necessary capacity, power and authority to enter into and perform your obligations under these Terms.
5. Account Security. You are responsible for the security of your account. You accept all risks of unauthorised access to your account and the information you provide. You agree to notify us immediately if you discover or suspect any breach of security in connection with your account or the Services, including the unauthorized use of your password.
6. Additional Information. At the request of any competent authority or to help us comply with applicable laws, regulations or policies, we may ask you to provide additional information and documentation.
By creating an account, you consent to receive electronic communications from us (for example, by email or by posting notices to the Services). These communications may include notifications about your account (for example, password changes and other transaction information) and are part of your existing relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain a copy of our electronic communications by printing a paper copy or keeping an electronic copy. We are under no obligation to store for your subsequent use or access any such electronic communications that we send to you. We may also send you promotional information by email including, but not limited to, newsletters, special offers, surveys and other news and information that we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
Fees and payments; refunds
1. We will charge a fee for the service based on the product selected. You are responsible for all taxes. Other terms and conditions relating to the Services may apply.
2. Payments. Our payment processing services, including the processing and storage of credit card data, are provided by Stripe ("Stripe") and are subject to Stripe's terms and conditions ("Stripe's Terms"). By agreeing to these Terms and continuing to use the Services, you agree to abide by Stripe's Terms, as they may be amended by Stripe from time to time. As a condition of the Company enabling payment processing services through Stripe, you agree to provide the Company with accurate and complete information about you and your business, and you authorise the Company to share information and transaction information with Stripe in connection with your use of payment processing Stripe offers the Services.
3. For refunds, please refer to our Refund and Exchange Policy.
You are hereby granted a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, "as is" license to access and use the Services and related content for your personal, non-commercial use; provided, however, that such license is subject to the Terms and does not include (i) the sale, resale or use of the Services for commercial use, (ii) distribute, publicly perform or publicly display any Content, (iii) modify or otherwise make any derivative use of the Services or any portion thereof, (iv) use any data mining, robots or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Services except as expressly permitted by us, and (vi) use the Services for purposes other than their intended purpose. This permission is subject to your compliance with Section 9 below.
You may share content on or through the Services ("User Content"). If you choose to make User Content available on or through the Services, you hereby grant us a fully paid, royalty-free, worldwide, non-exclusive right and license to use, sublicense, distribute, reproduce, modify, adapt and display such User Content (in whole or in part) for the purpose of (i) providing the Services, including making User Content available to other registered users; and (ii) improving the Services. You also hereby grant other registered users of the Services a non-exclusive license to access your User Content through the Services and to use, reproduce, distribute, display and perform such User Content only as permitted by the functionality of the Services under these Terms. You are solely responsible for any User Content that you provide. You represent and warrant that you own or have obtained all necessary rights, licenses, consents, permissions, powers and/or authorizations to grant you rights to any User Content submitted, posted or displayed on or through the Services. You agree that such User Content will not contain material that is subject to copyright or other proprietary rights unless you have obtained the necessary permission or are otherwise legally entitled to post such material and grant said permission. We are not responsible for User Content posted or listed through the Services, but we reserve the right to remove any User Content that violates these Terms. The power and/or authority required to grant the rights granted herein is granted for any User Content submitted, posted or displayed by you on or through the Services. You agree that such User Content will not contain material that is subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post such material and grant said permission. We are not responsible for User Content posted or listed through the Services, but we reserve the right to remove any User Content that violates these Terms. The power and/or authority required to grant the rights granted herein is granted for any User Content submitted, posted or displayed by you on or through the Services. You agree that such User Content will not contain material that is subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post such material and grant said permission. We are not responsible for User Content posted or listed through the Services, but we reserve the right to remove any User Content that violates these Terms. Unless you have the necessary permission or are otherwise legally entitled to post the material and grant said permission. We are not responsible for User Content posted or listed through the Services, but we reserve the right to remove any User Content that violates these Terms. Unless you have the necessary permission or are otherwise legally entitled to post material and grant such permission. We are not responsible for User Content posted or listed through the Services, but we reserve the right to remove any User Content that violates these Terms.
The Services may include hyperlinks to other websites or resources (collectively, "External Sites"), which are provided solely as a convenience to our registered users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Site and that we do not endorse any advertising, products or other materials available on or through any External Site. In addition, you acknowledge and agree that we are not responsible for any loss or damage that may result from the availability or unavailability of an External Site or any reliance by you on the completeness, accuracy or existence of any advertising, products or other materials available on or from any External Site.
You must not attempt or cause to be attempted to gain unauthorised access to any part or feature of the Services, or any other system or network connected to the Services, by hacking, password "cracking" or any other unlawful means. You will not breach or cause to be breached the security or authentication measures of the Services or any other system or network connected to the Services, or otherwise attempt to interfere with the proper functioning of the Services. You will not falsify your identity or impersonate another person in any way to engage in conduct that restricts other users' use and enjoyment of the Services or any part thereof, in each case at our sole discretion.
In addition, you agree that you will not and will not assist others to.
1. reverse engineer, disassemble, alter, decompile, copy, create derivative works from, reproduce, extract information from, distribute, license, rent, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit, except as expressly permitted by us, all or part of the Services.
2. upload, post or store any material that directly or indirectly contains viruses, corrupted files or any other similar harmful mechanism.
3. link, mirror or build any part of the Services without our express prior written permission
4. crawl, index, investigate or data mine any part of the Services or unduly burden or impede the operation of the Services; or
5. remove any notice of our licensors and our proprietary rights from any part of the Services or the printed version thereof.
2. you terminate. You may terminate these Terms at any time by cancelling your account and ceasing access to and use of the Services. If you use the Service after canceling your account, you will be deemed to have agreed to the Service.
3. Termination by Us. You agree that we may, in our sole discretion and for any reason or no reason at all, terminate these Terms and suspend and/or terminate your account on the Service without notice. You agree that any suspension or termination of your access to the Services may occur without prior notice, and that we will not be liable to you or any third party for any such suspension or termination.
4. Other available remedies. If we terminate these Terms or suspend or terminate your access to or use of the Services for breach of these Terms or for any suspected fraudulent, abusive or illegal activity (including, without limitation, your participation in any prohibited use), such termination will be in addition to any other remedies we may have at law or in equity.
5. Effect of Termination. Upon termination or expiration of these Terms, either by you or by us, you may no longer have access to the information you have posted on the Services or in connection with your account, and you acknowledge that we are under no obligation to maintain any such information in our database or to forward any such information to you or any third party.
We operate the Services in the United States of America. If you choose to access the Services from outside the United States, you are responsible for compliance with applicable local laws.
disclaimer of warranties
the services, the content contained therein and the items listed therein are provided on an "as is" and "as available" basis without warranty or condition of any kind, either express or implied. we (and our suppliers) do not warrant that the services: (a) will meet your requirements; (b) will be provided on an uninterrupted, timely, secure or error-free basis; or (c) will be accurate, reliable, complete, legal or secure. we disclaim all other warranties or conditions, express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement with respect to the services or any content contained therein. We do not represent or warrant that the content on the Services is accurate, complete, reliable, current or error-free. We are not liable for any damages of any kind arising from any action taken or to be taken in reliance on material or information contained in the Services. While we attempt to ensure that your access to and use of the Services and Content is secure, we cannot and do not represent or warrant that our Services or the Services, Content or any items listed on our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and conducting online transactions over the Internet and will not hold us responsible for any breach of security unless it is due to our gross negligence. We cannot and do not represent or warrant that our services or the services, content or any items listed on our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and conducting online transactions over the Internet and will not hold us responsible for any breach of security unless it is due to our gross negligence. We cannot and do not represent or warrant that our services or the services, content or any items listed on our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and conducting online transactions over the Internet and will not hold us responsible for any breach of security unless it is caused by our gross negligence.
Limitation of liability
To the maximum extent permitted by law, in no event will we be liable to you or any third party for any loss of profits or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of these terms, the services, any items, or any damages related to loss of revenue, loss of profits, loss or anticipated savings in business, loss of use, loss of goodwill or loss of data, and whether arising from tort (including negligence), breach of contract or otherwise, even if foreseeable and even if we have been advised of the possibility of such damages. Access to and use of the Services is at your own discretion and risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
notwithstanding anything to the contrary contained herein, in no event shall we be liable to you for the maximum amount of liability arising out of or in any way related to these terms, your access to and use of the services, content (including your content) or any items purchased, or sold through the services in an amount greater than the greater of (a) $100 or (b) the amount you paid to us for the services that are the subject of the claim.
some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
arising out of, from or in connection with (a) your use or misuse of the Services or User Content; (b) any feedback you provide; (c) your breach of these Terms; (d) your violation of the rights of any third party (including other registered users); (e) any breach or non-performance of any covenant or agreement made by you; (f) your User Content; (g) any off-chain benefits (including the provision or any failure to provide, or any act or omission by you or any third party or attributable to such interests). You agree to promptly notify the Company of any third party claims and to cooperate with the Company in defending such claims. You further agree that the Company shall control the defense or settlement of any third party claim. This indemnification is in addition to, and not in lieu of, the
Please read the following section carefully as it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you may seek relief from us.
1. Choice of Law; Venue. You agree that all matters relating to your access to or use of the Services, including all disputes, shall be governed by the laws of the United States and the State of Florida, without regard to its conflict of law provisions. You consent to personal jurisdiction and venue in the state and federal courts in Florida and waive any objection to such jurisdiction or venue.
2. Statute of Limitations. Any claim under these Terms must be brought within one year after the cause of action accrues or such claim or cause of action is barred. The prevailing party will be entitled to costs and attorneys' fees.
4. No Class Arbitration, Class Actions or Representative Actions. You and the Company agree that each may bring claims against the other solely in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative action (other than actions under the California Private Attorneys General Act of 2004) Labor Code § 2698 et seq. is not included in this Section 14). In addition, unless you and the Company agree otherwise, an arbitrator may not consolidate more than one person's claims or preside over any form of representative or class action.
5. Federal Arbitration Law. You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section shall be governed by, construed and enforced in substance and procedure under the Federal Arbitration Act, 9 USC § 1 et seq. ("FAA"), to the fullest extent not prohibited by applicable law.
6. Note; Informal Dispute Resolution. You and the Company agree that within 30 days of the date of any arbitrable or small claims dispute, each party shall notify the other party in writing so that the parties may attempt in good faith to resolve the dispute informally. Notices to the Company shall be sent by certified mail or courier to 1312 17th Street Suite 692 Denver, CO 80202. your notice must include (a) your name, mailing address, telephone number, email address you use or use for your account on the Site, and, if different, an email address at which you can be contacted, (b) a description of reasonably detailed description of the nature or basis of the dispute, and (c) the specific relief you are seeking to obtain. We will send you a notice electronically which will include (x) our name, postal address, telephone number and email address where we can be contacted in relation to the dispute, (y) a reasonably detailed description of the nature or basis of the dispute, and (z) the specific relief we are seeking. If you and the Company are unable to agree on how to resolve the Dispute within thirty (30) days of the date the parties receive notice, then you or the Company may, at its discretion, commence arbitration proceedings under this Section or, to the extent specified in this Section, file a claim in court.
7. Process. Except to exclude disputes, you and the Company agree that any dispute must be filed or submitted by you or the Company within the applicable statute of limitations period, or the relevant claim will be permanently barred. You and Company agree that (a) any arbitration will be conducted in Palm Beach County, Florida ("Seat"), and (b) the arbitration will be conducted by a single arbitrator in accordance with the Commercial Dispute Resolution Procedures and Supplemental Agreements Confidential American Arbitration Association ("AAA") Consumer Related Dispute Procedures (collectively, the "AAA Rules")"), as modified by these Terms, will be administered by the AAA, and (c) the state or federal courts of Florida and the United States, respectively, located in Palm Beach County, Florida, will have exclusive jurisdiction over the enforcement of the arbitration award. If you commence arbitration under these Terms, we will reimburse you for the filing fee paid, unless your claim exceeds $15,000 or as described below, in which case the payment of any fees will be governed by AAA's decision rules. Any arbitration hearing will be held at the tribunal, except that if the claim is for $15,000 or less, you may choose whether to proceed to arbitration (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance telephone hearing; or (iii) at a live hearing in the county (or parish) where your billing address is located in accordance with AAA rules. If the arbitrator finds that the merits of your claim or the relief you seek in your demand is frivolous or for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), payment of all costs is subject to the AAA Rules. In such a case, you agree to reimburse the Company for all amounts previously paid by the Company that you would otherwise be obligated to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the underlying findings and conclusions on which the decision and award (if any) are based.
Competence of Arbitrators. Subject to the FAA, these Terms and the applicable AAA Rules, the arbitrator will have (a) the exclusive power and jurisdiction to make all procedural and substantive decisions on the dispute, including the determination of whether the dispute is arbitrable, and (b) the power to grant any remedy otherwise available in court; provided, however, that the arbitrator does not have the power to conduct class arbitration or representative actions as prohibited by these Terms. An arbitrator may only arbitrate individually and may not join
8. and claims of more than one individual, conduct any type of class or representative proceeding or conduct any proceeding involving more than one individual.
9. AAA Rules. The AAA Rules and filing forms are available online at www.adr.org or by contacting AAA at 1-800-778-7879. By agreeing to be bound by these Terms, you (a) acknowledge and agree that you have read and understand the AAA Rules, or (b) waive the opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not be applied for on any grounds.
10. Severability. If any provision of this Section is found to be unenforceable, then this Section shall be void in its entirety, in which case the parties agree that the exclusive jurisdiction and venue described below shall govern any action arising out of or relating to these Terms or your use of the Services. If any term, clause or provision of this section is held to be invalid or unenforceable, it will be so disposed of to the minimum extent required by law and all other terms, clauses and provisions of this section will remain valid and enforceable.
11. Right to Opt-Out. You have the right to opt out within 30 days of the date you first accept the terms of this section by writing to firstname.lastname@example.orgOpting out of binding arbitration. To be effective, the opt-out notice must include your full name and clearly indicate your intention to opt out of binding arbitration. By opting out of binding arbitration, you agree to settle the dispute as provided. If you choose not to opt out of this dispute resolution provision within the 30-day period, you and the Company will be bound by the terms of this dispute resolution provision. You have the right to consult with an attorney of your choice regarding this dispute resolution provision. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Dispute Resolution provision.
2. Third Party Beneficiaries. Unless otherwise specified herein, these Terms are intended solely for the benefit of the Company and you, and are not intended to confer third party rights of benefit on any other person or entity.
3. Independent Contractors. Your relationship with the Company is that of an independent contractor, and neither party is an agent or partner of the other.
4. The language in these Terms will be construed to have its fair meaning and is not strictly for or against either party.
5. If any part of these Terms is held to be invalid, illegal, void or unenforceable, that part will be deemed to be severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
6. No waiver. Our failure or delay in exercising or enforcing any right or provision of these Terms shall not constitute or be deemed a waiver of the future exercise or enforcement of such right or provision. A waiver of any right or provision of these Terms will be effective only if in writing and signed on our behalf by a duly authorised representative.
7. Governing Law. All matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of Texas and the applicable federal laws of the United States of America therein, without giving effect to any choice or conflict of law provisions or rules.
8. Subject to Section 15, any legal action or proceeding arising under these Terms will be brought only in Palm Beach County, Florida, and we and you irrevocably consent to personal jurisdiction and venue there.
9. We may provide you with any notices (including, without limitation, notices regarding changes to these Terms) via email or postings on the Services. By providing us with your email address, you consent to us using that email address to send you any notices. Notices sent by email will be effective when we send the email and notices provided by us by post will be effective when they are published. It is your responsibility to keep your email address up to date.
10. You may not assign, by law or otherwise, any of your rights or obligations under these Terms without our prior written consent. We may, in our sole discretion, assign our rights and obligations under these Terms to an affiliate, provider, or in connection with an acquisition, sale or merger. These Terms are binding on and in the interest of the applicable parties and their successors and permitted assigns.