EStyle Website Terms and Conditions
(As of July 16, 2021)
PLEASE CAREFULLY READ THESE WEBSITE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. This website ecostyle.com is owned and operated by Estyle Corp LLC and ECO STYLE, El Patron and Talyoni collectively EStyle. These Terms and Conditions and any amendments or supplements to form a legally binding agreement between you and EStyle. This Agreement governs your access to and use of the Website.
Your Use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.
TO THE EXTENT PERMITTED BY LAW, THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 12) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 12 DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT TO THE EXTENT PERMITTED BY LAW YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS PARAGRAPH DOES NOT APPLY TO RESIDENTS OF QUEBEC.
In order to use the Website, you must be: (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian’s consent to this Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website.
2. User Conduct
You may only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not without our prior written consent:
- (i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
- (ii) modify, distribute, or re-post any content on the Website for any purpose; or
- (iii) use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree to comply with all applicable laws regarding Your Use of the Website, and not to:
- (a) disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
- (b) disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked website;
- (c) upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
- (d) use, frame, or utilize framing techniques to enclose any EStyle trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout or design of any page or form contained on a Website page) without EStyle’s express written consent;
- (e) reverse engineer, copy or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website;
- (f) use meta tags or any other “hidden text” utilizing an EStyle name, trademark, or product name without EStyle’s express written consent;
- (g) deep link to the Website without EStyle’s express written consent;
- (h) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; and
3. Protection of Intellectual Property Rights and License
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, manufacturers, sponsors, or third-party advertisers, is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print Content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the Content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of EStyle’s or a third party’s intellectual property rights. Any rights not expressly granted herein are reserved.
4. Disclaimer Regarding Information Provided on the Website
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT.
ESTYLE ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE ESTYLE STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, ESTYLE CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
5. Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE EXTENT PERMITTED BY LAW, ESTYLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ESTYLE DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ESTYLE MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION (INCLUDING PRICES) OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ESTYLE OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY MADE IN THIS AGREEMENT.
6. Links to Other Websites That EStyle Does Not Control
7. Products Listed on the Website
Product Representations. EStyle reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. EStyle takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, EStyle does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. EStyle’s descriptions of, or references to, products not owned by EStyle do not imply endorsement of that product, or constitute a warranty by EStyle.
Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered.
8. Limitation on EStyle’s Liability
TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ESTYLE, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, SERVICES OR ITEMS DESCRIBED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
You agree to indemnify and hold harmless EStyle, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable legal fees and costs of litigation resulting from or in any way connected with: (i) Your Use of the Website; (ii) information you submit or transmit through the Website; or (iii) your breach of this Agreement.
10. Termination or Suspension of Website
You agree that EStyle may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or Your Use of the Website, without prior notice to you, for any reason that EStyle, in its sole discretion, deems appropriate. You further agree that EStyle will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of Your Use of or access to the Website, you agree that the provisions of this Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on EStyle’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.
11. Pre-Dispute, Mandatory Binding Arbitration, and Class Action
THIS SECTION 12 APPLIES TO THE EXTENT PERMITTED BY LAW, AND DOES NOT APPLY TO RESIDENTS OF THE PROVINCE OF QUEBEC.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, EStyle, or any involved third party relating to your account, Your Use, your relationship with EStyle, or this Agreement. This includes any and all claims that relate in any way to your use of the products, your attempted use of the products, and any act or omission by EStyle or any third party related to your use or attempted use of the products. You, EStyle, or any involved third party may pursue a Claim. EStyle agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against EStyle. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under: (i) for residents of the United States, the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended; and (ii) for residents of Canada, the Arbitration Act (Ontario) (“Arbitration Act”).
Exceptions to Binding Arbitration. As an exception to binding arbitration, you and EStyle both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. EStyle will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against EStyle, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by mail to: 11650 Central Parkway, Jacksonville, FL 32224You agree to negotiate with EStyle in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after EStyle’s receipt of your written dispute, you agree to the dispute resolution provisions below.
Commencement of Arbitration. You and EStyle agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.
Arbitration Location. For your convenience, the arbitration may be conducted in: (i) for residents of the United States, the federal district where you reside; and (ii) for residents of Canada, in Toronto, Ontario (except to the extent not permitted under provincial law). It may be held by telephone or through written submissions if both you and EStyle agree.
Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subjects of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of this Agreement and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or EStyle.
Arbitration Fees. EStyle shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although EStyle may have a right to an award of legal and attorneys’ fees and expenses under some laws if it prevails, EStyle agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA or Arbitration Act, as the case may be.
Enforceability. This provision survives termination of your account or relationship with EStyle, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and EStyle and shall not be modified except in writing by EStyle.
Amendments. EStyle reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of an EStyle product, or use or attempted use of an EStyle product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, EStyle will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of an EStyle product, or use or attempted use of an EStyle product, is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF AN ESTYLE PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO 11650 Central Parkway, Jacksonville, FL 32224 FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY ESTYLE PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF ESTYLE PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THIS AGREEMENT.
12. Exclusive Venue for Other Controversies
To the extent permitted by law, you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the courts of competent jurisdiction located in Toronto, Ontario, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You and EStyle agree to commence any proceeding within 1 year after the Claim arises and that any proceeding commenced after 1 year shall be barred.
13. Remedies for EStyle
In order to avoid irreparable injury to EStyle, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting EStyle from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
14. Modifications to this Agreement
EStyle may make changes to this Agreement, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms and Conditions constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
15. Trademark Notices
ESTYLE™ is a trademark of EStyle. All other trademarks and service marks displayed on the Website are the property of the product suppliers to EStyle or their respective owners. You may not use or display any trademarks or service marks displayed on the Website without EStyle’s (or the owners’) prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.
16. Copyright Policy
It is EStyle’s policy to respect the copyright and intellectual property rights of others. EStyle may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, EStyle may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, EStyle complies with the Digital Millennium Copyright Act.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide EStyle’s Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- (i) a description of the copyrighted work that you claim has been infringed;
- (ii) a description of where the material that you claim is infringing is located on the Website;
- (iii) your address, telephone number, and e-mail address;
- (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- (v) a statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please direct inquiries regarding infringement issues by email to email@example.com.
17. Other Terms
EStyle may assign, transfer, or sub-contract any of our rights or obligations under this Agreement to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with EStyle. No delay by EStyle in exercising any right or remedy under this Agreement shall operate as a waiver of that right or remedy or shall affect EStyle’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by EStyle in writing. This Agreement supersedes any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.