Effective 1 March 2021
BY BEGINNING AND CONTINUING TO USE THIS SERVICE, YOU (A) ACCEPT THIS USER AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE 18 YEARS OF AGE OR OLDER; AND (II) IF YOU ARE ENTERING INTO THIS USER AGREEMENT ON BEHALF OF A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS USER AGREEMENT ON BEHALF OF SUCH ORGANIZATION AND BIND SUCH ORGANIZATION TO ITS TERMS. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND eieio. IF YOU DO NOT ACCEPT THESE TERMS OF OUR SERVICE, YOU CANNOT USE THE SERVICE.
PLEASE READ THIS USER AGREEMENT CAREFULLY AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCL INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The entity you are contracting with is eieio, LLC, a Georgia Limited Liability Corporation.
eieio, LLC ("eieio," "we," "us," and/or "our") provides its Services to you subject to the following User Agreement (as amended from time to time, this "User Agreement"). We reserve the right, at our sole discretion, to change or modify portions of this User Agreement at any time without further notice. You should periodically visit this page to review the current User Agreement so you are aware of any revision to which you are bound. If we do this, we will post the changes to this User Agreement on this page and will indicate at the top of this page the date these terms were last revised. We may also notify you, through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective for existing users no earlier than ten (10) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new User Agreement. If you do not agree to abide by this or any future User Agreement, do not use or access (or continue to use or access) the Service.
Please note that the Service is only a venue and eieio is not affiliated with or endorsed by any grower, producer, retailer or brand of products which might appear on eieio's marketplace. The Service acts as an open marketplace for users to interact with other users to buy and sell. eieio only provides a service, is not involved in any transaction between buyers and sellers who use the Service, does not obtain title to any purchased items and does not act as the buyer or seller (or agent for buyers or sellers) with respect to any such transactions.
eieio allows those with gardens or farms, and gifts for growing an easier way to share. The eieio app provides a market for buyers of vegetables, fruits, proteins, flowers and other items to find sellers who have grown, raised and / or produced them, particularly at their residence or property. Buyers can find fresh vegetables, fruits, proteins, flowers and other items available for purchase near them by viewing offers on a map of the area near their present location or a location they choose, or searching by item.
We encourage those who want to share vegetables, fruits, proteins, flowers and other items they grow, raise or produce at home or on their property to use eieio so neighbors will know about and purchase them.
eieio marketplace allows users to sell and buy. The actual contract for sale is directly between the seller and buyer. Purchases are made through Stripe or Apple Pay.
While we may provide pricing, pick up, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, eieio has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
We want eieio to be a safe place. eieio cannot be used to comment or advance initiatives that call for violence, exclusion, or segregation. eieo cannot be used to insult, attack or demean people based on race, ethnicity, religion, sex, gender, sexual orientation, age, disability, medical condition or country of birth. eieio cannot be used to post other people’s private information without their express permission to do so. eieio cannot be used to promote harmful or illegal activities to people or animals. eieio cannot be used to publish or post porn and sexually exploitative content.
Furthermore, in connection with using or accessing the Services you shall not:
post or upload content or items which are inappropriate or, in inappropriate fields;
breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services and our other sites, services, applications or tools;
fail to have available for buyers items sold by you, unless you have a valid reason; for example, the buyer fails to pick up items purchased and they spoil / begin to rot, or you cannot contact the buyer;
Fail to pay for items purchased by you, unless you have avalid legal reason; for example, you cannot contact the seller;
manipulate the price of any item or interfere with any other user's post;
include false, inaccurate, misleading, deceptive, defamatory, or libelous content;
take any action that may undermine feedback or ratings systems;
transfer your eieio account (including feedback) and user ID to another party without our consent;
distribute or post content that constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail, ”spam,” "chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
distribute viruses or any other technologies that may harmeieio or the interests or property ofusers;
use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose;
interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
export or re-export any eieio application or tool, exceptin compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to eieio or a third party. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to eieio or someone else;
post content that does not belong to you or that you do not otherwise have the right to use and/or post;
commercialize any eieio application or any information or software associated with such application, except with the prior express permission of eieio;
post or list for salary item that is illegal to sell under applicable law, statute, ordinance or regulation;
harvest or otherwise collect information about users without their consent;
circumvent any technical measures we use to provide the Services
sell, post or otherwise transmit any item or content that
is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; sell, post or otherwise transmit any item or content that
you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; sell, post or otherwise transmit any item or content that
sposes or creates a privacy or security risk to any person; or
in the sole judgment of eieio, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose eieio or its users to any harm or liability of any type; sell, post or otherwise transmit any item or content that
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person orentity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Service;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
violate any applicable local, state, national or international law, or any regulations having the force of law;
engage in any activities that violate the Telephone Consumer Protection Act, 47U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar anti-spam, data protection, or privacy legislation in any jurisdiction;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities;or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
You agree that eieio, in its sole discretion and without limiting its other remedies, may (i) limit, suspend, or terminate your account (or any part thereof) or your access to or use of the Service, (ii) remove and discard any items or content within the Service, (iii) take technical and/or legal steps to prevent you from using our Services, and (iv) remove hosted content, for any reason, including, without limitation, for lack of use or if eieio believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service under any provision of this User Agreement may be effected without prior notice, and acknowledge and agree that eieio may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that eieio shall not be liable to you or any third-party for any termination of your access to the Service
If we believe you are violating policies by attempting to buy or sell outside of eieio, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement.
When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in our sole discretion in an effort to do the right thing for both buyers and sellers.
SUSPENSION OR TERMINATION WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SERVICES, WHETHER SUCH OBLIGATION IS TO US OR A THIRD PARTY.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify eieio of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. eieio will not be liable for any loss or damage arising from your failure to comply with this Section.
eieio reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that eieio shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage
You acknowledge that eieio may establish general practices and limits concerning use of the Service. You agree that eieio has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that eieio reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that eieio reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Registering for the Service is free; however, eieio charges certain fees for transactions effected through the Service. The fees we charge for using our Services are eighty-six cents ($0.86) added to a Buyer’s total for any transaction.
In addition, Stripe and Apple Pay may add and collect a fee from Sellers for their payment processing. Please review your Stripe or Apple Pay account to understand their fees.
In addition to the payment of the applicable purchase price for a purchased item, buyers and/or sellers are responsible for all costs to eieio and any applicable sales, excise, import, export, VAT and other taxes or duties associated with the sale of any items through the Service. Any delivery costs and/or taxes must be included in the listed price for any items made available from sellers through the Service. Sellers are responsible for all sales, income or other taxes associated with sale of any items through the Service.
We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.
To protect eieio from risk of liability for your actions as a seller, eieio may at times recommend that Stripe and Apple Pay restrict access to funds in a seller's account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness and transaction value. This may result in Stripe or Apple Pay restricting funds in your account.
You must have the legal authority to sell the items that you are listing for sale through the Service. You must describe your item including price and conditions of sale in your listing truthfully, accurately and reasonably completely. You shall complete the transactions with the buyers unless you have a valid legal reason not to do so, or they are prohibited by law or this User Agreement. You are also responsible for payment of fees for use of the Service to eieio. An offer to sell may be retracted at any time prior to a purchase though not after. When listing an item, you agree to comply with eieio's rules for selling and agree that you are responsible for the accuracy and content of the listing and item offered. Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
We strive to create a neighborhood or local market where buyers easily find items. Therefore, appearance or placement of listings may depend on a variety of factors, including, but not limited to:
location, search, seller’s location, listing format, price, terms of service, and relevance to the search;
history, including listing search, ratings, eieio policy compliance, and Feedback, and
number of listings matching a buyer's search.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and eieio will have no liability or responsibility with respect thereto. eieio reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
8. Buying Conditions
When buying an item, you agree to the rules for buyers and that:
You are responsible for reading and reviewing the full description before making a purchase;
You enter into a legally binding contract to purchase an item when your payment for an item is tendered;
Your contract is with the seller, not eieio; and
We do not transfer legal ownership of any product from seller to buyer.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and eieio will have no liability or responsibility with respect thereto. eieio reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
User authentication on the Internet is difficult. eieio may attempt, but is under no obligation, to independently confirm a user's purported identity. Therefore, we have established an item commenting system to help you evaluate the user with whom you are dealing. We also encourage you to communicate directly with potential buyers or sellers through the features available through the Service.
You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials that you upload, post, publish or display or otherwise transmit via the Service and for all items that you sell via the Service (collectively, "User Content"). You will not post any User Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content you hereby grant and will grant to eieio and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of eieio, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content).
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. eieio takes no responsibility and assumes no liability for any content provided by you or any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to eieio are non-confidential and eieio shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that eieio may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this User Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of eieio, its users and the public.
The The eieio name, logos and certain other materials are trademarks, trade names, service
marks, copyrights or other intellectual property of eieio (collectively the “eieio Intellectual Property"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to eieio. Nothing in this User Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of eieio Intellectual Property displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of eieio Intellectual Property will inure to our exclusive benefit.
You acknowledge and agree that the Service may contain images and descriptions of items and products (collectively, "Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by eieio, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service (including the Software distributed in connection therewith) is the property of eieio, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). Any rights not expressly granted herein are reserved by eieio.
eieio offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"). With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in this User Agreement, the following terms and conditions apply:
eieio and you acknowledge that this User Agreement is concluded between eieio and you only, and not with Apple.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iPhone OS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
eieio and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this User Agreement with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of this User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this User Agreement against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to eieio by e-mail to firstname.lastname@example.org
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
When you use the Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or provide notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.
eieio may contact you using text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) poll your opinions through surveys or questionnaires; or (v) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you.
eieio may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with eieio or its agents for quality control and training purposes, or for its own protection.
eieio may scan and analyze the contents of messages sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of eieio’s User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. eieio may store message contents, including to conduct this scanning and analysis.
If eieio provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
We do not currently allow returns of items to sellers, though we do strive for eieio users to be happy. If an item you go to pick up is spoiled or damaged in a way you believe was misrepresented by the seller, or not as described, or if any items are missing, then you must report the issue to eieio within 12 hours after retrieving or receiving the purchased item. Alternatively, you can also email us within 12 hours of retrieving or delivery at email@example.com to let us know.
eieio is not liable or responsible for returning any money to you and resolving any dispute; you must work directly with the seller to receive a refund or resolve any dispute.
Sellers can create rules for replacements and refunds with their buyers, and sellers are solely responsible for returning any payments received from buyers.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Notification functionality in eieio's applications may not occur in real time. Such functionality is subject to delays beyond eieio's control.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. eieio EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, INCLUDING THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL
OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY, LEGALITY, SAFETY, AUTHENTICITY, TRUTHFULNESS OR ACCURACY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
In addition, to the extent permitted by applicable law, we (including any parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
the content provided by third parties;
the content you provide (directly or indirectly) using the Services;
your use of or your inability to use our Services
pricing, format, or other guidance provided by eieio;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any eieio Service;
the content, actions, or inactions of third parties, including items listed using our Services or fake items;
a suspension or other action taken with respect to your account or breach of the Using eieio Section above;
the duration or manner in which your listings appear in search results;
your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies, or
any contract or arrangement for purchase and sale.
There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not eieio. eieio does not control the behavior of users of the Service or the information or other content provided by other users that is made available through the Service. FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR PROVIDE THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SITE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT eieio SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF eieio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICE); (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL eieio's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE IMMEDIATELY.
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. eieio respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property rights have been infringed, please notify our team at firstname.lastname@example.org with the subject line: "DMCA Takedown Request".
You agree to indemnify, defend and hold eieio and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service (including any sale or purchase of any items through the Service), any User Content, your connection to the Service, your violation of this User Agreement or any law or your violation of any rights of another.
You may register for the Service using third party services (e.g., Apple Login, Facebook) and otherwise enable various third party services to be directly integrated into your eieio experience. The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. eieio has no control over such sites and resources and eieio is not responsible for and does not endorse such sites and resources. Such other sites may have their own terms and conditions of use and privacy policies and your use of such sites will be governed by and subject to such terms and conditions and privacy policies. You further acknowledge and agree that eieio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that eieio is not liable for any loss or claim that you may have against any such third party.
Dispute Resolution By Binding Arbitration
(PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.)
a. Arbitration Agreement
This Dispute Resolution by Binding Arbitration section is referred to in this User Agreement as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and eieio, whether arising out of or relating to this User Agreement (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this User Agreement, you and eieio are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND eieio AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND eieio AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
c. Pre-Arbitration Dispute Resolution
eieio is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at email@example.com If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, a written Notice of Dispute ("Notice"). The Notice to eieio should be sent to firstname.lastname@example.org ("Notice Address"). Notice is not considered received unless and until eieio acknowledges and confirms by return email. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If eieio and you do not resolve the claim within ninety (90) calendar days after the Notice is received, you or eieio may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by eieio or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or eieio is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http:// www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this User Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.
Unless eieio and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $1,000 or less, you agree that you or eieio may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $1,000, the right to a hearing will be determined by the AAA Rules.
Regardless of claim amount, any party who uses eieio and thereby accepts and is bound by this User Agreement, understands, agrees unequivocally and commits to reimburse eieio for any and all legal expense should a party bringing a claim against eieio not prevail in seeking any and all such claims. If through arbitration or any other legal process, a claim filed against eieio is deemed to be frivolous, then the individual or entity bringing that frivolous claim against eieio understands, agrees unequivocally and commits to reimburse eieio for treble the amount of any and all legal and other expenses related to the claim.
With the exception of any of the provisions in the section "Prohibition of Class and Representative Actions and Non-Individualized Relief", if an arbitrator or court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall still apply.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non- Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the User Agreement will continue to apply.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute, or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and eieio must be resolved exclusively by the Delaware Court of Chancery. You and eieio agree to submit to the personal jurisdiction of the Delaware Court of Chancery for the purpose of litigating all such claims or disputes.
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and eieio, except as otherwise stated in this User Agreement.
This User Agreement constitutes the entire agreement between you and eieio and governs your use of the Service, superseding any prior agreements between you and eieio with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software and those third-party terms and conditions will apply to your use. The failure of eieio to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this User Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail at the addresses provided or associated with your eieio account.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.eieioit.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Your continued access or use of our Services constitutes your acceptance of amended terms. We may or may not also ask you to acknowledge your acceptance of the User Agreement through an electronic click- through.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
Special Notice for International Use; Export Controls
Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
We provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Please contact us at email@example.com to report any violations of this User Agreement or to pose any questions regarding this User Agreement or the Service.