Terms & Conditions

INTRODUCTION

Welcome to ecobudusa.com. Please review the following Terms & Conditions of use, which govern your use of this website and all other sites, services, and tools where these Terms & Conditions appear or are linked (collectively, the "Site"). As used in these Terms & Conditions, "Ecobud USA," "us," or "we" refers to Cybris Inc. and its affiliates.

Use of the Site constitutes your agreement to follow and be bound by these Terms & Conditions. We reserve the right to change these Terms & Conditions from time to time without prior notice. When we make changes, we will publish them here. For this reason, we encourage you to review these Terms & Conditions periodically when you use the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site.

SITE CONTENT

The Site, all contents on the Site, including names, logos, images, illustrations, designs, icons, photographs, written materials, and video and audio clips, and all intellectual property rights in such contents (collectively, the "Contents") are owned, controlled, or licensed by Cybris Inc. All intellectual property rights in the Contents are expressly reserved. The Site may be subject to one or more U.S. Patents used under license.

You may download or copy the Contents of this Site for your personal use only and only to the extent you do not modify or alter the Contents, delete or change any copyright or trademark notice, or violate these Terms & Conditions. No right, title, or interest in any Contents is transferred to you as a result of any such downloading or copying. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Contents for any commercial purpose, whether on behalf of yourself or on behalf of any third party, is prohibited.

USER COMMUNICATIONS

Ecobud USA welcomes your comments, ideas, suggestions, and other content submitted through or to the Site, and through social media applications, e-mail, telephone, or mail ("User Content") as long as the User Content complies with these Terms & Conditions.

You agree that Ecobud USA is under no obligation to treat any User Content as confidential or proprietary or to pay for or respond to any User Content. For any User Content you submit, you grant to Ecobud USA a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content, and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. You also grant to Ecobud USA the right (but not the obligation) to use the name that you submit in connection with any User Content. For these reasons, do not send us any User Content if you do not wish to license it to us or do not want us to use your name. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.

You agree that any User Content you submit will be accurate, will not violate any law, will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights, and will not cause injury to any person or entity. You further agree not to submit any User Content that contains or provides links to material that is obscene, profane, lewd, violent, or threatening or that contains viruses, malware, political campaigning, commercial solicitation, or any form of "spam". You agree not to use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Ecobud USA or third parties as to the origin of any User Content. You are solely responsible for the User Content you submit and agree to indemnify us for all claims resulting from any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) in our sole discretion to monitor, edit, and remove User Content. Ecobud USA assumes no liability for any User Content submitted by you or any third party.

LINKS TO OTHER WEBSITES

Links may be established from the Site to external websites operated by third parties. Your use of these third party websites is at your own risk. Ecobud USA makes no warranties or representations about any third party websites and is not responsible or liable for such websites, their content, products, privacy settings, terms, or other materials on or available from them. It is your responsibility to review and understand the terms, policies, settings, and functions of any third party website.

PRODUCT INFORMATION

The display of an item on the Site is not a guarantee that the item is in stock or that it will be available when you visit the Site at a later date. If you have questions about the availability of a particular item, Contact Us. Our Customer Care Team will make every effort to assist you. The prices quoted are in U.S. dollars and are subject to change. Purchase requests from addresses outside of the United States or its possessions cannot be filled.

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). If you find an error, inaccuracy, or omission relating to a product you purchased your sole remedy is to return it in unused condition.

PRODUCT APPEARANCE

The exact appearance of each product on the Site will depend upon the quality of your monitor. For this reason, we cannot guarantee that your monitor's display of our products and packaging will be accurate.

SITE TRANSACTIONS

The products and services available on the Site, as well as complimentary samples we may provide to you, are for personal use only. We do not offer merchandise for resale. We reserve the right to refuse or limit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors, or otherwise violate these Terms & Conditions. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail, mailing address or telephone number provided at the time the order was made.

PERSONAL INFORMATION

Your submission of personal information to or through the Site is also governed by the Privacy Policy. These Terms & Conditions incorporate by reference the terms and conditions of the Privacy Policy.

COPYRIGHT COMPLAINTS

If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Site, please provide our copyright agent with a written notice that includes the following:

• A description of the copyrighted work that you claim has been infringed;
• A description of the material that you claim is infringing;
• A description of where the material you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement that under penalty of perjury the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• An electronic or physical signature of the owner of the copyright interest or a person authorized to act on behalf of the owner of the copyright interest.

This procedure is only for reporting claims of copyright infringement. Ecobud USA's agent for notice of claims of copyright infringement on the Site can be reached at [email protected]

DISCLAIMER OF WARRANTIES AND LIABILITY

THE SITE AND ANY CONTENT AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. ECOBUD USA MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, AND MATERIALS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ECOBUD USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT ECOBUD USA SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, OR EXPENSES, INCLUDING GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, RELATED TO USE OF THE SITE.

INDEMNIFICATION

You agree to defend and indemnify Ecobud USA from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site, including any User Content submitted by you, and any breach by you of these Terms & Conditions.

APPLICABLE LAW AND DISPUTE RESOLUTION

This site is created and controlled by Cybris Inc. in the State of Delaware, USA. These Terms & Conditions shall be construed in accordance with the laws of the State of Delaware, without regard to any conflict of law provision. Any dispute relating to or arising out of these Terms & Conditions or the Site shall be resolved exclusively by the state and/or federal courts in the State of Delaware. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the state and federal courts of Delaware.

TERMINATION

These Terms & Conditions are effective unless and until terminated by either you or Ecobud USA. You may terminate these Terms & Conditions at any time provided you cease further use of the Site. We also may terminate these Terms & Conditions at any time without notice and, accordingly, may deny you access to the Site if, in our sole judgment, you fail to comply with any provision of these Terms & Conditions. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms & Conditions for all purposes.