Effective: July 21, 2021
ECO CRATES of America operates an ecommerce service and related services through WordPress, mobile applications, and related sites accessible to mobile devices, tablets, and other connected devices (collectively, the “ECO CRATES of America Services” or “Services”). As used in this policy, “ECO CRATES” refers to ECO CRATES of America, LLC. We may refer to ECO CRATES as “we”, “us”, or “our”. We may refer to you as “customer”, “you”, or “your”.
Your use of the Service is subject to any additional terms, rules, or guidelines applicable to the Service or certain features of the Service that we may post and you may accept (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, the Terms. The Additional Terms include, but are not limited to
- ECO CRATES Return and Refund Policy
- ECO CRATES Referral Program Policy
- ECO CRATES Accessibility Statement
PLEASE BE AWARE THAT THESE ECO CRATES TERMS CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ECO CRATES Subscriptions
Following your first purchase with ECO CRATES, you automatically may be subscribed to the ECO CRATES Subscription and it will renew automatically for additional intervals unless you cancel auto-shipments, modify your ship date, or remove or unsubscribe to product(s) in your ECO CRATES Subscription.
ECO CRATES Service Overview
ECO CRATES is primarily a subscription service. On a recurring basis at intervals set forth on your Account Settings Page, we automatically charge your stored method of payment for your purchase of products in the Delivery Service, and ship those purchased products to you (the “ECO CRATES Subscription”). From time to time we may add certain products or samples to your Delivery Service that you will be charged for unless you remove them prior to the order being charged. We also may add certain products to your Delivery Service as gifts, at no charge to you.
You may modify the products in and shipment dates of your Delivery Service at any time. Visit your Account Settings page to see and change the then-current shipment date.
You may also cancel automatic payments (and corresponding automatic shipments) from the Account Settings page. Doing so will also cancel your ECO CRATES Subscription. You do not need a ECO CRATES Subscription to purchase products from us.
We may offer a VIP Program for an annual fee.
- Your membership in the VIP Program will make you eligible to receive certain benefits.
- If you enroll in the VIP Program, we automatically charge your stored method of payment a one-year subscription fee (plus applicable tax) on or around the anniversary of the date you enrolled in the VIP Program.
- You can manage your VIP membership and find your annual expiration date from the Membership link on the Account Settings page. You may cancel your membership in the VIP program by emailing:firstname.lastname@example.org.
We use third party carriers to ship items that you purchase, and as a result, the risk of loss and title for such items pass to you upon our delivery to the carrier.
You must be at least 18 years of age to use the Service. By agreeing to these ECO CRATES Terms or by using the Service, you represent and warrant to us: (i) that you are at least 18 years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these ECO CRATES Terms and that you agree to be bound by them on behalf of that organization.
Accounts and Registration
You need an account to use most features of the Service, and you may be required to be logged into your account and have a valid payment method associated with it. You may visit your Account Settings to manage your payment information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to us is and will be accurate, complete and up-to-date at all times. If you provide any information that is inaccurate, incomplete or not up-to-date, or if we determine in our sole discretion that such information may be inaccurate, incomplete or not up-to-date, we have the right to suspend or terminate your account and refuse you any and all current or future use of Service. You may not register for more than one account or register for an account on behalf of an individual other than yourself. If you have reason to believe that your account is no longer secure, immediately notify us at email@example.com.
Payment, Credit Card Billing, Automatic Renewal, and Recurring Charges
Fees to access the service. Access to the Service, or to certain features of the Service, may require you to pay enrollment or membership fees plus applicable tax. We also may charge fees for the Delivery Service that may vary based on the type, quantity and frequency of items in your Delivery Service. ECO CRATES may change any fees associated with the Service, including the Delivery Service, the VIP Program, and the ECO CRATES Subscription on a going forward basis at any time by providing notice by email or other communications. All amounts charged are in U.S. Dollars. You must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”). We will charge the Payment Provider you specify in your Account Setting. By providing your Payment Provider information, you authorize us or our third party payment processors to charge: (i) all membership or enrollment fees to such Payment Provider; and (ii) all fees associated with the Delivery Service and Subscription Service, including, without limitation, all applicable taxes, product costs and shipping fees, to such Payment Provider prior to shipment and on a per-delivery basis. If you pay any applicable fees with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If we do not receive payment from your Payment Provider, you must pay all amounts due upon demand and we may suspend your access to the Service until such amounts are paid. All sales are final and, except as provided in our refund policy, we will not issue refunds or accept returns.
Minimums. Your order must meet a certain dollar value of purchased products before we will ship it to you. You will not be able to complete an order until your cart meets the applicable minimum. These minimum amounts vary depending on the type of plan and the type of membership you selected. For more information on the minimums, please see our FAQs.
Automatic Renewal of ECO CRATES Subscription. Your Delivery Service will remain an automatic-renewal ECO CRATES Subscription until you cancel automatic shipments. You hereby authorize us to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if ECO CRATES does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that ECO CRATES may either terminate or suspend the Subscription Services and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). We will send you reminders of your upcoming subscription shipment a week before the ship date specified in your Account Settings and then the day before it.
Cancelling and Modifying ECO CRATES Subscription. You may cancel or modify your ECO CRATES Subscription in a few ways. If you cancel your ECO CRATES Subscription, you can continue to order products on an as-needed basis.
- To pause your ECO CRATES Subscription, log into your account prior to 9:00 p.m. PST on the day before the ship date specified in your Account Settings for your then-current order, go to your account, and click “Pause Auto-Shipments”.
- To remove or add products to your ECO CRATES Subscription, log into your account prior to 9:00 p.m. PST on the day before the ship date specified in your Account Settings for your then-current order, go to “Your Cart”, and make changes.
VIP Program. With your first purchase, you may receive an offer for a free trial to the ECO CRATES VIP Program (the “VIP Program”). Members of the VIP Program are eligible to receive certain benefits like free full-sized gifts (with your next paid order). The VIP Program membership is limited and may not always be available.
- If you enroll in the VIP Program through a trial membership, at the end of the trial period we will automatically charge you a one-year subscription fee (plus applicable tax based on your zip code) using your stored method of payment, and your membership will renew each year thereafter, unless you cancel your trial prior to the end of the trial period. If you cancel your trial, you will be charged applicable shipping fees with your future orders.
- You can find your then-current annual VIP Program subscription fee in your Account Settings.
- If you sign up for the VIP Program, you authorize us or our Payment Processors to charge your payment card for the applicable VIP Program subscription fee and applicable tax (if any) on an annual basis until you cancel. The VIP Program subscription fees are non-refundable, however if you feel that you were charged in error and contact firstname.lastname@example.org within 7 (seven) days from the date of the charge, ECO CRATES may refund the subscription fees, at its sole discretion. Taxes may apply on VIP Program fees based on your delivery location and will be added to your annual subscription, if applicable.
- You may cancel your membership to the VIP Program at any time, but your cancellation will be effective at the end of the then-current annual subscription period. This means your VIP Program subscription will continue for the remainder of that subscription period and you will not receive a refund. You may cancel or renew your membership to the VIP Program or find out more information about your VIP Program subscription, including your annual expiration date, by accessing your Membership on the Account Settings page or contacting email@example.com.
Referral Program. Subject to the ECO CRATES Referral Program policy , we may offer members the ability to earn credits or discounts (“Referral Credits”) toward future shipments of products from ECO CRATES. Please read our Referral Program Policy for more details.
From time to time, we may give you the opportunity to pre-purchase limited edition, seasonal or specialty products during a pre-sale event. Your account will be charged when you place your pre-sale order. Please allow up to one year for your pre-sale items to ship. When the pre-sale products arrive in stock, we will send you an email to notify you of the estimated delivery date and we will display the pre-sale products in your cart as free products. If we’re unable to ship within one year from the date you placed your pre-sale order, or if you do not ship your pre-sale products within sixty five (65) days of the date you placed your pre-sale order, we’ll provide a full-refund. It is your responsibility to keep your billing and shipping information current; we are not responsible or liable if you fail to update this information. You can update your information at any time prior to your ship date by changing the shipping address in your account profile.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We further reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by ECO CRATES upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
Order Changes and Cancellations
You may cancel orders provided that we have not begun to process the products in your order for shipment. You may do this by visiting your cart.
Your orders and your shipment dates can be modified at any time before the ship date specified in your Account Settings for your then-current order. You may update the date of your shipment and/or the items in your shipment, in your account settings. If you would like to stop automatic shipments, you can go to your account and click “Pause Auto-Shipments”.
Returns and Refunds
Subject to the ECO CRATES Return and Refund Policy, we accept returns under certain conditions. Please read the ECO CRATES Return and Refund Policy for complete details on how to request a refund or credit.
User Generated Content
Our Service provides an opportunity for you to post information in public areas of the Service such as your reviews and ratings of specific products or the Service (“Customer Reviews”) or other information provided to public areas of the Service (collectively, “User Generated Content”).
License Grant to ECO CRATES and other Customers. You retain ownership of copyright and any other proprietary rights you hold in User Generated Content that you post to the Service. By posting User Generated Content, you grant ECO CRATES a worldwide, non-exclusive, royalty-free, transferable right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, create derivative works of, and distribute your User Generated Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Generated Content by ECO CRATES may be without any compensation paid to you. By posting and sharing User Generated Content on the Service, you hereby grant each user of the Service a worldwide, non-exclusive license to access and use your User Generated Content in connection with the Service.
User Generated Content Representations and Warranties. You are solely responsible for your User Generated Content and the consequences of posting or publishing User Generated Content. By posting and publishing User Generated Content, you affirm, represent, and warrant that:
- You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize ECO CRATES and users of the Service to use and distribute, your User Generated Content as necessary to exercise the licenses granted by you in these ECO CRATES Terms.
- Your User Generated Content, and the use of it, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or violate the right of privacy, publicity or other property rights of any other person.
User Generated Content Disclaimer. Customer Reviews are the author’s opinion. They are not our opinion; we have not verified them or approved them. We are not obligated to edit, investigate, or control User Generated Content that you and other users post or publish, and we will not be in any way responsible or liable for User Generated Content. However, we may at any time, and without prior notice, remove any User Generated Content that in our sole judgment violates these ECO CRATES Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Generated Content from a variety of sources and acknowledge that User Generated Content may be inaccurate, offensive, indecent or objectionable. You may request removal of a review that you believe violates this Agreement by contacting the Support team at firstname.lastname@example.org; but we are not obligated to honor your request.
Proprietary Rights of ECO CRATES
The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by ECO CRATES (the “Materials”) are protected by all relevant intellectual property and proprietary rights and applicable laws. Except for any User Generated Content, all Materials contained in the Service are the property of ECO CRATES or our third-party licensors. Subject to these ECO CRATES Terms, we grant you a limited license to reproduce portions of the Materials for the sole purpose of using the Service for your personal or internal business purposes. Except for this limited license, nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of ECO CRATES or any of its affiliates or partners.
- Trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through our Service are trademarks or trade dress of ECO CRATES in the United States and other countries. You may not use our trademarks or trade dress in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or members of the public, or in any manner that disparages or discredits ECO CRATES. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the properties of their respective owners who may or may not be affiliated with, connected to, or sponsored by ECO CRATES, and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
- Copyrights. All content included in or made available through the Service or the Service or on product labels or packaging, such as text, graphics, designs, logos, button icons, images, audio clips, digital downloads, data compilations, look and feel of the Service, and software (“Service Content”) is the property of ECO CRATES or its content suppliers and is protected by United States and international copyright laws. Except for any User Generated Content, all Service Content contained in the Service or on the Service is the property of ECO CRATES or our third-party licensors. The compilation of all content included in or made available through the Service is our exclusive property. Subject to these ECO CRATES Terms, ECO CRATES grants you a limited license to reproduce portions of the Service Content for the sole purpose of using the Service for your personal or internal business purposes. Except for this limited license, nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of ECO CRATES or any of its affiliates or partners.
Digital Millennium Copyright Act
It is ECO CRATES’ policy to terminate membership privileges of any user who repeatedly engages in copyright infringement upon prompt notification to us by the copyright owner or the copyright owner’s legal agent.
If you are a copyright owner or an agent thereof, and believe that any content on the Service infringes your copyrights, you may contact our Designated Agent at the following address:
Attn: Jaime Snell
453 River Way Drive
Greer, SC 29651
Your notice must include
- your physical or electronic signature;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
- 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, its agent, or the law; and
- 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, its agent, or the law; and
- 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 infringed
If the content you submitted to the Service is removed and you wish to contest such removal, you may contact our Designated Agent (indicated above). Your written notice must include
- your physical or electronic signature
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which ECO CRATES may be found, and that you will accept service of process from the person who provided notification.
You will not engage in the following behaviors.
- Use the Service for any illegal purpose, or in violation of any local, state, national, or international law
- Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights
- Use the Service for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate
- Interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law
- Make available any virus, adware, spyware, worm, Trojan horse, Easter egg, time bomb, spyware, malicious code, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment
- Make unsolicited offers or advertisements to other users of the Service
- Attempt to collect, personal information about users or third parties without their consent
- Perform any fraudulent activity including impersonating any person or entity (including ECO CRATES or any of our brands), claiming false affiliations (including affiliations with ECO CRATES or any of our partners), accessing the Service accounts of others without permission, or falsifying your age or date of birth
- Sell or otherwise transfer your account or content associated with your account
- Use the Service or any of ECO CRATES’ names, logos, or brands without our written consent, including, but not limited to (i) send any unsolicited or unauthorized content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (ii) use any meta tags or other hidden text or metadata utilizing an ECO CRATES trademark, logo, URL, or product name without our written consent
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any material, or reproduce or circumvent the navigational structure or presentation of the Service, without our express prior written consent
- Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, unless you obtain our express prior written consent to do so
Third Party Services and Linked Websites
We may, now or in the future, provide tools through the Service that enable you to export information from the Service to third party services, including through features that allow you to link your account on ECO CRATES with an account on the third party service, such as Twitter or Facebook or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
Termination of Use; Discontinuation and Modification of the Service
These ECO CRATES Terms are effective on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use any portion of the Service and for so long as you have an account on the Service, unless terminated earlier in accordance with these ECO CRATES Terms. If you violate these ECO CRATES Terms, your permission to use the Service will automatically terminate. Additionally, we, in our sole discretion, may terminate your account on the Service or suspend or terminate your access to the Service at any time, with or without notice. If we terminate your access to the Service, we may, in our sole discretion, either fulfill any orders for which you have already paid or refund you the relevant amounts paid. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service and other than as specified in this paragraph, we will have no liability as a result of any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at email@example.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
Electronic Communications; SMS and Text Messaging
The Service allows you to receive electronic communications (including SMS/MMS mobile messages) intended to provide you with information about the Service, upcoming orders, offers, products and services. We may use electronic means to communicate with you on our digital properties and mobile applications when you visit the Service, send us e-mails, or whether we post notices on the Service or communicate with you via e-mail.
- By signing up for our Service, you expressly provide prior written consent to receive recurring advertising and telemarketing text messages using any technology, including without limitation, automatic telephone dialing systems, at the mobile number used when signing up. You also agree we may send you such text messages using any such technology to remind you about upcoming orders and for other customer support, account or Service-related purposes. Your consent does not suggest or imply that any text messages are in fact sent using an automatic telephone dialing system.
- Message frequency will vary. The number of text messages that you receive will vary depending on a number of factors, including your order frequency and applicable ECO CRATES programs.
- Message and data rates may apply. We do not charge a fee for our text message programs and assume no responsibility for charges by your carrier that you may incur when you sign up to receive text messages from us.
- No liability for delayed or undelivered messages. Messages may not be delivered to you due to a variety of circumstances or conditions. Neither ECO CRATES nor any carrier is responsible for any delayed or undelivered messages.
- You may opt out of a text message program at any time by texting STOP to the number from which the text messages are being sent. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies. To complete your opt-out, please provide the requested clarification. You may receive a final confirmation message to confirm that you will no longer receive text messages unless you opt back in. You acknowledge that our program platforms may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that ECO CRATES and its service providers will have no liability for failing to honor such requests.
- To request more information, text HELP to the number from which text messages are being sent. You may also receive help by contacting us at: firstname.lastname@example.org.
- Please notify us immediately if you change your mobile phone number to avoid sending notifications to the wrong number. To notify us of any change contact ECO CRATES at email@example.com.
Changes to these ECO CRATES Terms
We reserve the right, at our discretion, to change the ECO CRATES Terms on a going forward basis at any time. When changes are made, we will make a new copy of these Terms available on the Service and will update the “Last Updated” date at the top of these Terms. In the event that a change to these Terms materially modifies your rights or obligations and you have registered for an account with us, we will notify you via email of the new ECO CRATES Terms. Any changes to these Terms will be effective immediately for new users and will be effective thirty (30) days after posting notice of such changes on the Service for existing users, provided that any material modifications will be effective for users who have an account with us upon the earlier of thirty (30) days after posting notice of such changes on the Service or thirty (30) days after dispatch of an email notice of such changes. We may require you to provide consent to the updated ECO CRATES Terms in a specified manner before further use of the Service or Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Service and Service. OTHERWISE, YOUR CONTINUED USE OF THE SITE OR SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGE(S). Please check these Terms regularly for changes.
You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless ECO CRATES and its officers, directors, employees, consultants, partners, licensors, affiliates, subsidiaries and agents (collectively, the “ECO CRATES Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with: (i) your misuse of the Service; (ii) your violation of the ECO CRATES Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You agree that the provisions in this section will survive any termination of your account, the ECO CRATES Terms or your access to the Service.
Disclaimer of Warranties.
ECO CRATES cannot and does not represent or warrant that the Service or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER GENERATED CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY ECO CRATES ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ECO CRATES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM ECO CRATES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, ECO CRATES DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
ECO CRATES DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SERVICE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SERVICE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF FOR ANY REASON YOU ARE NOT SATISFIED WITH A PURCHASE YOU MAKE VIA THE SERVICE, PLEASE RETURN IN IN ACCORDANCE WITH OUR RETURN AND REFUND POLICY.
Limitation of Liability
This site offers health, wellness, fitness and nutritional information and is designated for education purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis and treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on this site. The use of this information on this site is solely at your own risk. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
IN NO EVENT WILL THE ECO CRATES ENTITIES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE ECO CRATES ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT THE AGGREGATE LIABILITY OF THE ECO CRATES ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE OR ANY OTHER INTERACTIONS WITH ECO CRATES IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO ECO CRATES FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, THE ECO CRATES ENTITIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF ECO CRATES’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT. EACH PROVISION OF THESE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN YOU AND ECO CRATES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ECO CRATES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
IF YOU ARE DISSATISFIED WITH THE PRODUCTS DELIVERED THROUGH THE DELIVERY SERVICE, YOUR SOLE RECOURSES ARE OUR RETURN AND REFUND POLICIES, WHICH ARE SET FORTH IN ABOVE, AND ANY WARRANTY OFFERED BY THE RELEVANT MANUFACTURER.
These ECO CRATES Terms and any action related to them shall be governed by the laws of the State of South Carolina, consistent with the Federal Arbitration act, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these ECO CRATES Terms. To the extent that any lawsuit or court proceeding is permitted hereunder, you and ECO CRATES agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Greenville,SC for the purpose of litigating all such disputes.
The ECO CRATES Terms, together with any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and ECO CRATES regarding your use of and access to the Service. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. We will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
Arbitration Agreement. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
You agree that any dispute or claim relating in any way to these ECO CRATES Terms, your access to or use of the Service, any products sold or distributed through the Service, ECO CRATES advertising, communications you receive from ECO CRATES, or any aspect of your consumer relationship with ECO CRATES, will be resolved by binding arbitration, rather than in court, except that (1) you and we may assert claims in small claims court if your claims qualify; and (2) you or ECO CRATES may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all covered claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at the following address: 453 River Way Drive, Greer, SC 29651. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available athttp://www.jamsadr.com/rules-streamlined-arbitration/ ; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/ . JAMS’s rules are also available atwww.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, we will pay them for you. In addition, ECO CRATES will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and ECO CRATES. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND ECO CRATES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ECO CRATES are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims shall be arbitrated.
- Severability. Except as provided in these ECO CRATES Terms, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with ECO CRATES.
- Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if ECO CRATES makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing ECO CRATES at the following address: firstname.lastname@example.org.
Where we require that you provide an email address, you are responsible for providing us with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the ECO CRATES Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to ECO CRATES at the following address: email@example.com. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
The Service is controlled and offered by ECO CRATES from its facilities in Greer, South Carolina. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use our Service from other countries do so at their own volition and are responsible for compliance with local law.
Please see our Accessibility Statement.