Terms of Service

(www.eepples.com)

 

Date of Last Revision: May 07, 2013

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING EEPPLES.COM, OR PURCHASING GOODS VIA EEPPLES.COM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. DO NOT USE EEPPLES.COM IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

 

These Terms of Use (the “Terms”) apply exclusively to your access to, use of, and purchase of goods from, the website eepples.com (the “Site”). The Website is operated by Eepples, Inc., a California corporation (“Eepples”) and is hosted by Shopify.com. The Terms do not alter in any way the terms or conditions of any other agreement you may have with Eepples for other products or services.

 

Eepples reserves the right to change or modify these Terms at any time and in its sole discretion. If Eepples makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Site or updating the date at the top of these Terms. Your continued use of the Site will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site.

 

1. Privacy Policy

Eepples respects your privacy and permits you to control the treatment of your personal information. A complete statement of Eepples’ current privacy policy can be found by clicking here. Eepples’ privacy policy is incorporated into the Terms by this reference.

 

2. Eligibility, Registration and Account

The Site is not targeted towards, nor intended for use by, anyone under the age of 13. By using the Site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access or use the Site. In addition, you may not make a purchase from the Site unless you are at least 18 years of age. You also represent and warrant that you have 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.

 

3.Ownership of Site Content

Unless otherwise indicated on our Site, the Site and all content and material on the Site, including, but not limited to, the Eepples logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of Eepples or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.

 

You are granted a limited, nonexclusive, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial and personal use. Such license is subject to these Terms and excludes: (i) any resale of the Site or Site Content; (ii) the collection and use of any product listings, pictures or descriptions; (iii) the distribution, public performance or public display of any Site Content; (iv) modifying or otherwise making any derivative uses of the Site and the Site Content, or any portion thereof; (v) use of any data mining, robots or similar data gathering or extraction methods; (vi) downloading (other than page caching) of any portion of the Site, the Site Content or any information contained therein, except as expressly permitted on the Site or pursuant to separate terms; or (vii) any use of the Site or the Site Content other than for its intended purpose. Any other use of the Site or the Site Content, without the prior written permission of Eepples, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

 

4.Trademarks

A Trademark Protected Seal

“Eepples,” “MilkCharm” the Eepples logo and other Eepples product or service names, logos or slogans that may appear on the Site are trademarks or registered trademarks of Eepples and may not be copied, imitated or used, in whole or in part, without the prior written permission of Eepples or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Eepples, “MilkCharm” or any other name, trademark or product or service name of Eepples without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Eepples or Shopify and may not be copied, imitated or used, in whole or in part, without Eepples’ prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Eepples. If you believe that anything on the Site infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent, John A. Scheuring, 300 Tamal Plaza, Suite 180, Corte Madera, CA  94925. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3)).

 

5.Patents

One or more patents applications have been submitted with respect to the products displayed on the Site.

 

6.Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Eepples or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Eepples logo or other proprietary graphic of Eepples to link to the Site without the express written permission of Eepples. Further, you may not use, frame or utilize framing techniques to enclose any Eepples trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Eepples’ express written consent.

 

Eepples makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Eepples and Eepples is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Eepples provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by Eepples of any site or any information contained therein. When you leave the Site, you should be aware that these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

 

7.No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

 

8.Indemnification

You agree to defend, indemnify and hold harmless Eepples, its subsidiaries, affiliates, officers, agents, partners, directors, shareholders, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) your use of the Site; (ii) your violation of these Terms; (iii) your violation of any rights of another; or (iv) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.

 

9.Disclaimer

Except as expressly provided, the Site, Site Content and services provided on or in connection with the Site (collectively, “Complete Site”) are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. EEPPLES DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (ii) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Eepples does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. Eepples does not represent or warrant that the Site or its servers are free of viruses or other harmful components.

 

IN ADDITION, EEPPLES DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED TO SITE CONTENT, INCLUDING ANY VIDEOS AND/OR ARTICLES. The Site Content is general in nature. The information is not a substitute for in guidance by medical personnel.

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

 

10.Limitation of Liability

IN NO EVENT SHALL EEPPLES, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM EEPPLES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO REI'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EEPPLES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO EEPPLES FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

11.Pricing and Availability

All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and Eepples reserves the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Additionally, many products displayed on the Site are also available in certain retail stores. Prices displayed on the Site may vary from those in the store or from store-advertised prices.

 

12.Errors

Eepples attempts to be as accurate as possible and eliminate errors on the Site; however, Eepples does not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, Eepples reserves the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

 

13.Out-of-Stock Items; Backorders

 

If the product you want is not available for ordering, please check back later. Sometimes we will not know in advance that product is unavailable prior to an order being placed, and when you place items in your Shopping Cart, you will not be notified that it is out of stock.  Once the order is completed, the funds will be authorized from your credit card but will not be charged - your card is only charged once we verify that the items(s) is in stock and are prepared to fulfill the order.  If the item is out of stock, we will notify you, and you will be given the option to keep your order in place and wait to receive your order when the item(s) is in stock, or cancel the order.  If the item(s) is no longer available, Eepples will cancel the item from your order, provide a refund, and notify you, usually via e-mail.

 

14.Agreement to Conduct Transactions Electronically; Recording; Copies

You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If Eepples decides to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by Eepples. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that Eepples is required to provide to you.

 

15.Shipping & Handling; No Export by You

When Eepples ships to you per your directions, you agree to pay the shipping and any handling charges shown on the Site when your order is placed. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.

 

16.Payment; Credit for Refunds

Only valid credit cards or other payment method acceptable to Eepples may be used and all refunds will be credited to the same card or, in Eepples discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding “Your Account,” you agree to keep all payment cards or other payment method information current and that Eepples may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem Eepples encounters in order to proceed with your order.

 

17.Return and Exchanges

General returns information and instructions can be found here. If you believe a product sold by Eepples has a condition or defect that might make it unsafe, please report this safety concern immediately by emailing info@eepples.com.

 

18.Complaints and Legal Notices

All complaints and legal notices should be mailed to Eepples, Inc., to the attention of our designated agent, John A. Scheuring, 300 Tamal Plaza, Suite 180, Corte Madera, CA  94925. If a law requires us to accept legal notices via email, send such notices to info@eepples.com. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210.

 

19.Warranties

Eepples products may be returned or service fees refunded in accordance with Eepples’ returns and exchanges policy (see Return Policy). THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM EEPPLES RELATING TO THE PRODUCTS AND SERVICES YOU PURCHASE OR RECEIVE FROM EEPPLES. EEPPLES MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODUCTS AND SERVICES PROVIDED BY EEPPLES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND BY EEPPLES. Manufacturers of non-Eepples branded products may provide other warranties, and you agree that you will look solely to the warranty(s), if any, provided by those manufacturers. Warranties give you specific legal rights, and you may have other rights, which vary from state to state. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OR ALL OF THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

 

20.Exclusivity of Remedy; Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY, AND EEPPLES’ SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF WARRANTY SHALL BE YOUR RIGHT TO RETURN THE PRODUCT OR RECEIVE A REFUND FOR THE SERVICE UNDER EEPPLES [RETURNS AND EXCHANGES POLICY]. IN NO EVENT SHALL EEPPLES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF EEPPLES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

21.Modifications to Site

Eepples reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Eepples will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.

 

22.Applicable Law and Venue

These Terms and your use of the Sites will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Marin County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

 

23.Termination

Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, Eepples reserves the right, without notice and in its sole discretion, to terminate your right to use the Site, or any portion of the Site, and to block or prevent your future access to and use of the Site or any portion of the Site.

 

24.Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

25.Release of Certain Information

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Eepples’ systems and customers or to ensure the integrity and operation of Eepples’ business and systems, Eepples may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information, IP addressing and traffic information, usage history and posted User Content. Eepples’ right to disclose any such information shall govern over any terms of Eepples' Privacy Policy.

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