Ellie and Becca, Inc.
TERMS AND CONDITIONS
This Terms and Conditions (“Terms or Agreement”) governs your use of Ellie and Becca’s (the "Company", "We", “Our”, or "Us”) services, products and our platforms, including ellieandbecca.com and any sub-domains or related domains (“the Site”, “Us”, “We,” "Our", "Company", "Website").
By accessing or using our Site, purchasing any products, or using our services (collectively, the “Services”) you signify that you have read, understand and agree to be bound by these Terms and Conditions, regardless of whether you are a registered user of the Site or place an order. As used herein, “You, “User” or "Users" means anyone who accesses and/or uses the Site or any of our Services or if the user represents an entity or other organization, that entity or organization.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
This is a legal agreement between You and Ellie and Becca, Inc. You should carefully read this agreement. YOU MAY NOT USE OUR SERVICES OR PURCHASE OUR PRODCUTS IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.
These Terms and Conditions were last updated on October 1, 2021.
Section 1 – Eligibility.
Users must be at least 13 years of age to access the Site and use the Services.
Section 2 - Access to the Service.
2.1. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO OUR SERVICES.
2.2. Any new features, services or products which are added, at our sole discretion, shall also be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time Such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement. Company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.
2.3 We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure or the addition of fee-based services. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms and Conditions.
Section 3 - Usage Rules.
You agree that the Site would be irreparably harmed by the use, by You or others, of the Site or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of this Agreement, and that the Company is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). The Company reserves the right to block, filter or delete unsolicited email, postings or messages.
When communicating directly with members of our team, you agree to be respectful and kind. If we feel that your behavior towards any of our team members is at any time threatening or offensive, we reserve the right to immediately terminate your access to our services.
You agree to be responsible for any damages resulting from your breach of this Agreement and reimburse us for all of costs, expenses and fees (including all attorney's fees) arising from or relating to your breach.
Section 4 – Purchases.
If you wish to purchase any products or services through Our Site, You will be required to supply certain information applicable to your purchase, including, without limitation, payment and other information. All information that you provide to us or our third-party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes or duties relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Purchases on our site are paid cash in advance, paid online as part of your purchase transaction. If, for any reason, your credit card company refuses to pay the amount billed for a product or service, you agree to pay the balance due or overdue amount by other means acceptable to us.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Section 5 – Shipping and Return Policy
Our Shipping and Return Policy is available on our website at https://www.ellieandbecca.com/pages/shipping-and-returns, which is incorporated into and part of this Agreement. The Shipping and Return Policy may be updated from time to time and it is your responsibility to review periodically for any changes.
Section 6 – Privacy and Protection of Personal Information.
Section 7 - Third Party Sites and Information
This site may link you to other sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Section 8 – Intellectual Property.
The information and other content available through the Service is the property of the Company and others and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted and printed or used for any commercial purpose whatsoever without the prior written consent of the Company. All copyrights and other intellectual property rights in the Site, including without limitation all software and written and graphical content included in the Site, are owned by the Company. Ellie and Becca and the Ellie and Becca logos, and any other marks used on the Site are trademarks of Ellie and Becca, Inc. Such marks may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.
Section 9 – User Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (at the contact information identified in Section 19) immediately. To be effective, the notification must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed’
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing;
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated in Section 19 below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Section 10 - Disclaimers; Limitations; Waivers of Liability.
10.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ELLIE AND BECCA PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE LOVELY HEARTS CO PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE ELLIE AND BECCA PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT THAT YOU HAVE PAID THE COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT MADE ANY PURCHASES IN THE LAST SIX (6) MONTHS.
10.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Section 11 - Release.
You forever release, discharge, and covenant not to sue the Ellie and Becca Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Ellie and Becca Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the Ellie and Becca Parties if anything happens to you, your personal information, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
Section 12 - Indemnification.
You agree at all times to indemnify, defend and hold harmless the Ellie and Becca Parties harmless from any claim, causes of action, damages, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or Services, your use or misuse of our products, or the use or misuse by third parties of products you bought from us, your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 13 - Governing Law and Dispute Resolution.
The laws applicable to the interpretation of this Agreement shall be the laws of the State of Delaware, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New Castle County, Delaware. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site, the Services or any of our Products, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, shall be resolved by final and binding arbitration in New Castle County, Delaware under the rules of the American Arbitration Association then in effect. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Section 14 – Severability.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 15 – Miscellaneous.
(a) This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. (b) Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. (c) You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with the Company relating to the Service. (d) The section headings used in this Agreement are for convenience only and will not be given any legal import. (e) Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. (f) You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. (g) Company shall be excused from any delay or failure in performance required as a part of our service if caused by reason of any occurrence or contingency beyond our reasonable control, including, but not limited to, acts of God, acts of war, acts of government, epidemic, pandemic or global health crisis, fire, ordinances or regulations, strikes, earthquakes, floods, explosions, or other acts of nature. The obligations shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption.
Section 16 - Statute of Limitations.
Section 17 - Changes to this Agreement.
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, and without notice to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Section 18 – Entire Agreement.
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 19 – Contact Information.
Questions about the Terms and Conditions should be sent to us at email@example.com.