Edhardyorigisals Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the Edhardyorigisals website (the “Website”), including all content, features, and services available on or through the Website (collectively, the “Services”). By accessing or using the Website or Services, you (“User,” “you,” or “your”) agree to be bound by these Terms, as well as our Privacy Policy (incorporated herein by reference). If you do not agree with any part of these Terms, you must not access or use the Website or Services.
1. Eligibility to Use the Website
To use the Website and Services, you must:
- Be at least 13 years of age (or the age of majority in your jurisdiction, whichever is higher). If you are under the age of majority, you may only use the Website with the consent and supervision of a parent or legal guardian, who shall be responsible for your compliance with these Terms.
- Have the legal capacity to enter into a binding contract (e.g., not be under a legal disability that prevents you from forming contractual obligations).
- Provide accurate, current, and complete information when creating an account (if applicable) or using the Services (e.g., when placing an order, submitting feedback, or contacting customer service).
- Comply with all applicable laws, regulations, and these Terms in your use of the Website and Services.
2. Account Creation and Management
a. Account Registration
If you choose to create an account on the Website, you agree to:
- Choose a unique username and a strong, secure password that you will not share with others.
- Update your account information (e.g., email address, shipping address, payment details) promptly if it changes, to ensure accuracy and avoid disruptions to your use of the Services (e.g., missed order updates, delivery issues).
- Notify us immediately at [email protected] if you suspect any unauthorized access to your account, or if your password is lost, stolen, or compromised.
b. Account Responsibility
You are solely responsible for all activities that occur under your account, including any purchases, communications, or actions taken by someone using your username and password. We shall not be liable for any loss or damage arising from your failure to secure your account or protect your password. We reserve the right to suspend or terminate your account without prior notice if we suspect unauthorized use, violation of these Terms, or fraudulent activity associated with your account.
3. Permitted Uses of the Website and Services
You may use the Website and Services only for lawful purposes and in accordance with these Terms. Permitted uses include:
- Browsing the Website to view product information, including descriptions, images, and pricing.
- Creating an account to save your preferences, track orders, and streamline the checkout process.
- Placing orders for products in accordance with our Terms of Purchase.
- Submitting feedback, questions, or inquiries to our customer service team (e.g., via email or the Website’s contact form).
- Accessing and using any additional features made available on the Website (e.g., wishlists, style guides) in accordance with their intended functionality.
4. Prohibited Uses of the Website and Services
You agree not to use the Website or Services for any prohibited purpose, including but not limited to:
- Violating any applicable local, state, national, or international law, regulation, or treaty (e.g., engaging in fraud, money laundering, or the sale of counterfeit goods).
- Accessing, modifying, or interfering with the Website’s technical infrastructure (e.g., servers, databases, or code) or attempting to bypass security measures (e.g., firewalls, encryption, or authentication systems).
- Using automated tools (e.g., bots, crawlers, scrapers) to access, collect, or extract data from the Website without our prior written permission. This includes scraping product information, pricing, or user data for commercial purposes (e.g., reselling data or competing with our business).
- Uploading, posting, or transmitting any content that is illegal, harmful, offensive, or infringing (e.g., content that is defamatory, violent, discriminatory, or violates intellectual property rights).
- Impersonating another person or entity (e.g., pretending to be Edhardyorigisals staff, a celebrity, or another user) or providing false or misleading information.
- Disrupting or interfering with the Website’s operation or other users’ access to the Website (e.g., through denial-of-service attacks, spamming, or overloading the Website with excessive requests).
- Using the Website to promote or conduct any unauthorized commercial activity (e.g., selling third-party products, pyramid schemes, or phishing scams).
5. Intellectual Property Rights
All content on the Website, including but not limited to text, images, logos, trademarks, product designs, graphics, videos, and software (collectively, “Intellectual Property”), is owned by Edhardyorigisals or our licensors and is protected by applicable copyright, trademark, and other intellectual property laws.
- You may not reproduce, copy, distribute, modify, adapt, publicly display, or create derivative works of any Intellectual Property without our prior written permission.
- The “Edhardyorigisals” name and logo, as well as any other brand names or slogans used on the Website, are trademarks of Edhardyorigisals. You may not use these trademarks in any way that is likely to cause confusion among consumers or imply endorsement by Edhardyorigisals without our consent.
- If you believe that any content on the Website infringes your intellectual property rights, please contact us at [email protected] with detailed information about the alleged infringement (e.g., your name, contact information, description of the infringing content, and proof of your ownership rights).
6. Third-Party Links and Content
The Website may contain links to third-party websites, services, or content (e.g., social media platforms, payment processors, or shipping carriers). These links are provided for your convenience only and do not constitute an endorsement by Edhardyorigisals of the third party or its content.
- We have no control over the content, privacy policies, or practices of third-party websites, and we shall not be liable for any loss or damage arising from your use of these third-party platforms.
- Your use of third-party websites is subject to the terms of use and privacy policies of those third parties. We recommend reviewing these policies before accessing or using any third-party content or services.
7. Disclaimer of Warranties
The Website and Services are provided “as is” and “as available” without any warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, Edhardyorigisals disclaims all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement (e.g., we do not warrant that the Website will meet your specific needs, be error-free, or operate without interruption).
- Warranties regarding the accuracy, completeness, or reliability of content on the Website (e.g., product descriptions, images, or pricing). While we strive to provide accurate information, we do not guarantee that such information will be free from errors or omissions.
- Warranties regarding the security of the Website (e.g., we take reasonable measures to protect user data, but we cannot guarantee that the Website will be immune to cyberattacks or data breaches).
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, any implied warranties shall be limited to the maximum extent permitted by law.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Edhardyorigisals shall not be liable to you for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Website or Services. This includes, but is not limited to:
- Damages resulting from errors, omissions, or inaccuracies in Website content.
- Loss of data, profits, or business opportunities due to Website downtime, technical issues, or unauthorized access to your account.
- Damages arising from your reliance on information obtained from the Website or third-party links.
- Damages related to product purchases (for such claims, please refer to our Terms of Purchase and Refund Policy).
Our total liability to you for any claims arising out of these Terms shall not exceed the greater of $100 or the amount you paid to us for the Services or products related to the claim (if applicable). This limitation of liability applies regardless of the cause of action (e.g., contract, tort, negligence, or strict liability) and even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages, so the above limitations may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless Edhardyorigisals, its officers, directors, employees, agents, and licensors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Website or Services in violation of these Terms or applicable law.
- Your account activities (including any unauthorized use of your account by others).
- Your infringement of any third-party intellectual property rights or other legal rights (e.g., privacy rights, publicity rights).
- Any content you upload, post, or transmit on the Website that is illegal, harmful, or infringing.
10. Changes to These Terms
We may update these Terms from time to time to reflect changes in our business practices, legal requirements, or the functionality of the Website or Services. When we make updates:
- We will post the revised Terms on the Website with a “Last Updated” date at the top.
- For significant changes (e.g., modifications to account policies, prohibited uses, or liability limitations), we will notify you via email (if you have an account with us) or a pop-up notice on the Website at least 7 days before the changes take effect.
Your continued access to or use of the Website or Services after the effective date of the revised Terms constitutes your acceptance of the changes. We recommend reviewing these Terms periodically to stay informed of any updates.
11. Termination
We reserve the right to terminate or suspend your access to the Website or Services at any time, without prior notice, for any reason, including but not limited to:
- Your violation of these Terms or any of our other policies.
- Unauthorized use of your account or suspected fraudulent activity.
- Inactivity of your account for a period of 12 months or more (we may notify you via email before terminating an inactive account).
Upon termination, your right to access and use the Website or Services will immediately cease. Any provisions of these Terms that by their nature should survive termination (e.g., intellectual property rights, limitation of liability, indemnification, and governing law) shall remain in effect.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services shall first be resolved through good-faith negotiation by contacting our customer service team at [email protected]. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. Arbitration shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding on both parties.
You agree that you will not bring any claim against Edhardyorigisals in a class action, collective action, or representative action capacity. Any arbitration or legal proceeding shall be conducted on an individual basis only.
13. Miscellaneous
- Entire Agreement: These Terms, together with our Privacy Policy and Terms of Purchase, constitute the entire agreement between you and Edhardyorigisals regarding your use of the Website and Services, and supersede all prior or contemporaneous agreements, communications, and understandings (whether oral or written).
- Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
- Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.
- Assignment: You may not assign or transfer these Terms or your rights under them without our prior written permission. We may assign these Terms or our rights under them to any third party without your consent.
If you have any questions or concerns about these Terms of Use, please contact our customer service team at [email protected]—we are happy to assist you.