Effective date: July 3, 2018
These Terms of Service ("Terms") govern your access to and use of our websites, mobile applications, and online products and services (the "Services"). Please read these Terms carefully. Note that your access to and use of our Services are subject to the following terms and conditions. If you do not agree to these Terms, you may not access or use the Services.
These Terms are a binding contract between you and Essential Products, Inc. and our subsidiaries and affiliates ("EP," "we," or "us"). By accessing or using the Services, you agree to these Terms. If you are accessing or using the Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
We may make changes to these Terms from time to time. If we make changes to these Terms, we will notify you by updating the "Effective Date" date above and/or posting a notice on the Services. If you do not agree with the revised Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. After providing you with notice of the revised Terms, your continued use of the Services will confirm your acceptance of such Terms. With regard to Services you have paid for, we will provide advanced notice of any material change to these Terms along with an explanation of the change. If you cancel any Services you subscribed to due to a change in the Terms, you may be entitled to a refund of the unused portion of your subscription.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products, or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product, or service.
Eligibility; Use Restrictions
You hereby affirm that you are over the age of thirteen (13), as the Services are not intended for anyone under 13. If you are under 13 years of age, then you may not use the Services. In addition, if you are between the ages of 13 and 18 (or between 13 and the age of legal majority under applicable law), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
You represent and warrant that you have the full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party and that you have not been previously suspended or removed from the Services.
You represent, warrant, and agree that you will not use the Services or interact with the Services by uploading User Content or otherwise, or encourage or assist any other party to use or otherwise interact with the Services, in a manner that:
For all of our Services that are free-of-charge, we reserve the right, in our discretion and at any time, to remove any Content from the Services, suspend or discontinue any part of the Services, introduce new features or impose limits on certain features, or restrict access to parts or all of the Services.
Registration; Account Communication
To access and use certain areas or features of the Services, you may need to register for an EP account. By creating an account, you agree to (a) provide accurate, current, and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Services on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.
By creating an EP account, you also consent to receive electronic communications from EP (e.g., via email or by posting notices to the Services). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
Content Ownership; Limited License
The Services and materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, videos, images, illustrations, and so forth (all of the foregoing, the "Content") are owned by or licensed to EP and are protected by copyright and/or other intellectual property laws. Except as explicitly stated in these Terms, EP reserves all rights in and to the Services and the Content. You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell, or commercially use the Services or the Content; (b) copy, reproduce, distribute, publicly perform, or publicly display the Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Services or the Content; (d) use any data mining, robots, or similar data gathering or extraction methods; and (e) use the Services or the Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services or any of our products ("Feedback"), then you agree that your disclosure is gratuitous, unsolicited, non-confidential and without restriction. We are free to use Feedback without any acknowledgement or compensation to you. You hereby grant us a worldwide license to use, disclose, reproduce, license, distribute, modify, perform, display, and exploit the Feedback you provide for the promotion of our Services or products. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
Prohibited User Conduct and Content
The Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and EP.
With your prior express consent, we may use your User Content for the promotion of our Services and products. We may also use with your prior express consent your name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you.
When you post or otherwise share User Content on or through the Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to the public. You may also only post or otherwise share User Content that is non-confidential and for which you have all necessary rights to disclose.
You may not create, post, store or share any User Content that:
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
Third Party Services
EP has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Service or by any third party that you interact with through our Services. In addition, EP will not and cannot monitor, verify, censor, or edit the content of any Third Party Service. You acknowledge and agree that your interactions with such third parties are solely between you and such third parties, and that EP is not responsible or liable in any manner for such interactions.
If you believe that anything on the Services infringes any copyright that you own or control, you may notify EP as follows:
Essential Products, Inc., 380 Portage Avenue, Palo Alto, CA 94306
The notification shall contain (a) the date of the notice, (b) your identification details; (c) a link to the infringing content (where possible), and (d) the reasons why the content should be removed.
Warranty Disclaimer; Your Responsibility; Limitation of Liability
Warranty Disclaimer. Except to the extent required by the statutory warranties in your local jurisdiction, the Services and Content are provided by EP (and our licensors and suppliers) on an "as-is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or error-free. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion and limitations may not apply to you.
Notwithstanding the foregoing, nothing in these Terms will reduce or eliminate any of your statutory rights in the country of your residence, which apply notwithstanding anything to the contrary in these Terms.
Your Responsibility. You are responsible to EP and our affiliates, subsidiaries, agents, partners, licensors, suppliers, and assigns, and our and their directors, officers, employees, consultants, and other representatives (together with EP, the "EP Parties") for any and all third-party claims, liabilities, damages, losses, and expenses, (including without limitation, actual, indirect, incidental, consequential, and special damages, such as damages for expenses or business interruption, property damage, attorneys' fees, and loss of use, data, revenue, income, profits, or value of assets or securities) that the EP Parties suffer arising from or related to (a) your alleged or actual violation of these Terms, (b) your use of the Services or Content, (c) your Feedback or User Content, (d) your violation, misappropriation, or infringement of any right of another, or (e) your violation of any applicable laws or regulations.
Limitation of Liability. The limitations of liability set forth in this section are subject to contrary mandatory provisions of applicable law and will not limit or exclude liability for personal injury or property damage directly and proximately caused by the Services and Content you purchase or receive from us or for our fraud, gross negligence, or intentional, willful, malicious, or reckless misconduct.
EP is responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but EP is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of EP's breach or if it was contemplated by you and EP at the time that the contract for the Services between you and EP became binding.
Notwithstanding the paragraph above, in no event will the aggregate liability of the EP Parties arising out of or relating to the Services, Content or these Terms exceed one hundred U.S. dollars (USD 100.00).Choice of Law
The laws of the State of California, without reference to its choice of laws principles, will govern these Terms. However, you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in these Terms affects your rights to rely on mandatory provisions of the country in which you are a resident.
Jurisdiction; Dispute Resolution
With the exception of disputes in small claims court or in arbitration, the parties consent to jurisdiction and venue in the state or federal courts located in Santa Clara County, California, for any claims arising out of a dispute relating to these Terms. You are also allowed to bring legal proceedings in respect of these Terms in the courts of the country in which you are resident.
We reserve the right to terminate the Terms of Service without notice for good cause at any time. In particular, cause for the termination of the Terms of Service without notice exists if you violate a key provision of the Terms of Service and this violation continues, even after receiving a written warning from us and after the expiry of an appropriate period defined in the warning for rectification. However, immediate termination without written warning is justified in particular in case the confidence in the fulfillment of the contract as originally agreed between the parties is lost.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without EP's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. Failure to exercise a right does not constitute a waiver. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms will otherwise remain in full force and effect and enforceable. There are no third party beneficiaries intended under these Terms. These Terms are the only agreement between the parties with respect to the subject matter herein; provided, however, that these Terms do not supersede any other agreements we may have with you with respect to different subject matter. Except for changes to the Terms by us (as described herein), no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
You can email us or contact us at:
Essential Products, Inc.
380 Portage Avenue
Palo Alto, CA 94306