Shipping
FAST & FREE SHIPPING*
*Free Shipping on all orders $80 or more.
HOW TO GET FREE SHIPPING?
1. It is easy to qualify for free shipping. Spend $80 or more using any payment method.
2. Applies to orders of qualifying merchandise, excluding coupons and taxes.
3. Ship your order to a single address in the 48 contiguous United States, excludes shipping to Alaska, Hawaii, US territories, PO boxes, AFOs, APOs & FPOs.
Note: Bulk purchases may require additional shipping charges. Our Free Shipping is subject to change or end without notice.
SHIPPING RATES & OPTIONS
4. Shipping rates reflected are for orders less than $80.
5. Our shipping and processing times are listed at checkout, including a wide variety of shipping methods. We will work to get the orders out as quickly as we can!
Return
RETURN POLICY
1. We are confident that the value and quality of our merchandize will meet, if not exceed your expectations. In the event that you are not completely satisfied, we will gladly provide an exchange or refund of your purchase price for items returned in their original condition within 30 days after you received them (excluding return shipping charges, discounts, shipping and handling charges, and any separate fees). Refunds will be made to your original mode of payment.
2. Products returned in original condition after 30 days of your receipt will receive a merchandize credit equal to your original purchased price which will be good towards a future purchase at our website (excluding return shipping charges, discounts, shipping and handling charges, and any separate fees).
HOW TO RETURN?
3. Contact or email us regarding the instructions to return the order. You may choose to return the order at your own expense. We encourage that all return shipping be insured by the shipper.
4. You are to pack the returning product into its original packaging or equivalent, to include all original items. To ensure return accuracy, include your packing slip and indicate with your reason for return.
5. The return package must be postmarked within 30 days of the date of order was shipped (regardless of what date the product was first used).
6. We shall process the refund upon receipt of your returned product.
EXCEPTIONS TO OUR RETURN POLICY
7. We will replace at no cost to the shopper, any item you received in a defective state (such as ripped, torn, or broken).
8. Items used are not returnable once they are opened. However, we will accept a return for any unused and unopened item.
9. Returns not meeting our return requirements may result in the loss of a refund or replacement. Such a return also will not be sent back to you.
EXCHANGE INFORMATION
10. Items received damaged or defective can be exchanged by contacting us. You can get in touch with us using the Contact page of our website. Enter your Name, Email Address, Telephone and details of your exchange request, including your order number. Our customer service team will respond to you as quickly as we can.
Refund
REFUND POLICY
1. Once your return is received, it will be processed within 5 business days. Refunds are typically reflected in your account within 5 business days after your return is processed. We are not responsible for loss or damage of return shipments. A refund will be issued to your original mode of payment for the full purchase price (excluding return shipping charges, discounts, shipping and handling charges and any separate fees).
Privacy Policy
1. INTRODUCTION
1.1 This Privacy Policy applies to www.KPLASS.us website only. By using our website Service, the User agrees to be bound by the Privacy Policy and Terms and Conditions.
1.2. Should the User have any questions about our privacy policy, kindly contact us via email at info@ecosity.us.
2. DEFINITIONS
2.1. The following definitions apply to all policy statements published in our website:
2.1.1. “ECOsity” or “we” or “us” refer to our company, known as “ECOsity LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used.
2.1.2. “Service” refers to the services that we provide through our Site, including our Site itself.
2.1.3. “Site” refers to our website, www.KPLASS.us.
2.1.4. “User” refers to anyone who uses our Service, including general visitors to our Site.
3. INFORMATION COLLECTED
3.1. Identifying Information.
3.1.1. We collect certain personal information when the User signs up to our Service and/or engage in transactions via our Site that can be used to identify the User, such as the User’s first and last name, e-mail address, mailing/shipping address, payment information, and telephone number.
3.1.2. If the User post comments, images or other content on our Site, anything that the User post becomes public to all other Site users – whether it is personally identifying of the User or not – and we disclaim any responsibility for any subsequent use by anyone else of any such information that the User post publicly. We do retain the right to remove any comment, image or other content that the User posts.
3.1.3. Our Site also collects certain other information, such as the User’s IP address, information collected by “cookies,” and purchase history that does not itself identify the User but could do so if it were to be combined with sufficient other information.
3.1.4. We may allow third-party services to collect information about how our Users use our Site or use other websites across the Internet. For more information about these services, see PARAGRAPH 6.
3.2. Non-Identifying Information.
3.2.1. Whenever the User visits our Site, we may collect non-identifying information from the User, such as the User’s referring URL, pages viewed, length of visit, browser, operating system, and Internet Service Provider. Without additional information, this information alone cannot usually be used to identify the User.
4. USE OF THE USER’S INFORMATION
4.1. The information we collect from the User to the extent that it is private, is applied and/or disclosed only in accordance with this Privacy Policy.
4.2. Our primary use of personal information is to provide the User with the Services that the former’s request.
4.3. We may also use the User’s personal information to:
4.3.1. Enhance or improve the User experience, our Site, or our Service.
4.3.2. Verify registration status.
4.3.3. Process transactions.
4.3.4. Provide products or information that the User purchases or requests.
4.3.5. Send e-mails about the User’s transactions or our Site, or to respond to inquiries.
4.3.6. Send e-mails, including our e-mail newsletter, and updates about ECOsity and other products available via our Site.
4.3.7. Send e-mails and updates about ECOsity, including our newsletter.
4.3.8. Performing any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or Service.
4.3.9. Respond when required by subpoena, warrant or other legal process.
4.4. Where within the Law, we may also contact the User regarding Services and products that we believe the User would find of interest.
4.5. We may generate aggregated tracking information for traffic accounting and content analysis. Such aggregated statistical information may not be linked to any personal information and cannot be used to identify the User or any individual of our Sites. We may share this aggregated information with other companies for the purpose of documenting site use and related data analytics.
4.6. We retain personal information of our registered Users for as long as they remain registered, and for a reasonable time thereafter.
5. ACCESSING, EDITING, AND REMOVING THE USER’S INFORMATION. The User may review and edit personal information that was provided to the Site by logging into a registered account and editing it. Some information may not be edited or removed unless the User deletes the account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in the User’s cache, or in the User’s other devices that may store information and disclaim all liability for such. In addition, we may, from time to time, retain residual information about the User in our backup and/or database.
SEE PARAGRAPH 15 FOR IMPORTANT LIMITATIONS ON THE TERMS OF PARAGRAPH 5.
6. “COOKIES”
6.1. "Cookies" are small data files stored on the User’s computer’s hard drive. Like most websites, we use cookies to provide the User with a personalized and enhanced online experience by actions such as remembering the User’s preferences, tracking advertisements, and shopping cart items. For these reasons, the User needs to enable cookies in the browser to have full use of our Site. If the User chooses not to accept cookies, some of these features in our Site may not be functional.
6.2. Like many other websites, we use first-party cookies and third-party cookies or other technologies on our Site to compile data regarding user interactions with advertisement impressions and other advertisement services functions. In particular, we may use third-party advertising services on our Site, for purposes such as:
6.2.1. Remarketing with advertising services.
6.2.2. Users Network Impression Reporting.
6.2.3. Demographics and Interests Reporting.
6.3. Our website may use services that track a user’s browsing not only within our Site but also across other websites. Those services do not collect the Identifying Information as defined above, although they may make use of persistent identifiers that could allow particular content or advertising to be presented to a particular user.
6.4. Some browsers send so-called “Do Not Track” signals to websites such as ours. Our Site currently does not honor such indications due to a lack of industry consensus as to how such signals should be handled.
7. THIRD-PARTY WEBSITES. We may post links to third-party websites on its Site. We have no control over these third-party websites, and those third-party websites have their own privacy policies that may differ from ours. Users are strongly advised to review the privacy policy and terms of service for each site with third-party links.
SEE PARAGRAPH 15 FOR IMPORTANT LIMITATIONS ON THE TERMS OF PARAGRAPH 7.
8. THIRD-PARTY ACCESS TO THE USER’S INFORMATION
8.1. We use other companies to provide support to our Site and our Services, and we may need to share information about the users with these companies, or they may collect it directly, so that they can provide their services to us and ultimately to the User. For example, our web hosting service stores the personal information that the User provide us, and we use a logistics company to handle order processing and shipments. Our agreements with these companies prohibit them from making use of the User’s personal information for any purpose other than to assist our Site and Service. In some cases, those companies may allow subcontractors to access personal information of our users for the purpose of providing their services to us.
8.2. A third-party payment processor handles payment issues. By making a purchase on our Site, the User authorizes us to collect, share, and otherwise use the User’s information in conjunction with our payment processor. Our payment processor stores all credit/debit card information; we DO NOT retain these credit/debit card numbers.
8.3. We do not rent or sell the personal information of our Users to non-affiliated third parties for their own use.
SEE PARAGRAPH 15 FOR IMPORTANT LIMITATIONS ON THE TERMS OF PARAGRAPH 8.
9. RELEASE THE USER’S INFORMATION FOR LEGAL PURPOSES. At times, we may be required by law to release personal information in response to a legal request from a government agency or a private litigant. If we receive a subpoena affecting the User’s privacy, we may try to notify the User to provide an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either, or in certain cases we may be prohibited from notifying the User. We also reserve the right to report the User and release personal information about the User to law enforcement or other appropriate third parties where we believe that it is prudent to do so for legal reasons, such as our belief that the User have engaged in fraudulent activities.
SEE PARAGRAPH 15 FOR IMPORTANT LIMITATIONS ON THE TERMS OF PARAGRAPH 9.
10. COMMERCIAL AND NON-COMMERCIAL COMMUNICATIONS. By providing us with the User’s contact information, the User authorizes us to contact the User regarding the use of the Site and Services, including any transactions in which the User may engage. The User may unsubscribe from certain commercial email communications by notifying us that the User no longer wishes to receive solicitations or information via opt-out or change of preferences links in our email communications.
SEE PARAGRAPH 15 FOR IMPORTANT LIMITATIONS ON THE TERMS OF PARAGRAPH 10.
11. OUR POLICIES REGARDING CHILDREN. We do not knowingly collect or maintain information from those under the age of 13. If the User is under 18 years old, the User may not become a registered user of our Site or otherwise access the Site. We do not sell products for purchase by children.
12. SECURITY MEASURES. We take certain measures to enhance the security of our Site and Service, including using SSL certificates, vulnerability scanning, and PCI DSS-compliant hosting. We review and update our security measures as appropriate. However, no transmission of data over the Internet is completely secure, and we recommend that the User use anti-virus software, firewalls, and other precautions to protect against online security threats.
13. THE USER’S PRIVACY RIGHTS. United States residents have certain rights under their respective state laws. Under the respective state Business and Professions codes, a U.S. resident/User may request certain information about the types of personally identifiable information that we have shown with third parties for direct marketing purposes during the preceding calendar year. To make such a request, please contact us at info@ecosity.us.
14. INTERNATIONAL TRANSFER
14.1. We may transfer personal information to a call center outside of the United States. In addition, we may store personal information about the User on computers located outside of the User’s state, country or other governmental jurisdiction where the privacy laws may differ from those in the User’s jurisdiction.
14.2. In all such cases, our arrangements with any non-U.S. service providers prohibit them from using personal data for any purpose other than to provide support to our Site and Services.
15. EXCLUSIONS AND LIMITATIONS: CONSUMER PROTECTION NOTICE. If the User is a consumer, the provisions in this Privacy Policy are intended to be only as broad and inclusive as is permitted by the laws of the User’s State of residence. In any event, ECOsity reserves all rights, defenses and permissible limitations under the law of the User’s State of residence.
16. INTERNATIONAL USERS. Our Site is designed and targeted for audiences and Users in the United States only and we adhere to the United States privacy laws. If the User is using this Site while in another country, be advised that we transfer personal information to the United States and that the U.S. law governs any personal information that the User submit to us.
17. AMENDMENTS. We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will update this page accordingly. The User continued use of our Service shall constitute the acceptance of any such amendments.
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Updated in July 2024
Terms & Conditions
1. INTRODUCTION
1.1 These Terms and Conditions, and our related Privacy Policy apply to www.KPLASS.us website only.
1.2. Should the User have any questions about our Terms and Conditions, kindly contact us via email at info@ecosity.us.
2. DEFINITIONS
2.1. The following definitions apply to all Terms and Conditions statements published in our website:
2.1.1. “Agreement” refers to these Terms and Conditions.
2.1.2. “ECOsity” or “we” or “us” refer to our company, known as “ECOsity LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used.
2.1.3. “Service” refers to the services that we provide through our Site, including our Site itself.
2.1.4. “Site” refers to our website, www.ecosity.us.
2.1.5. “User” refers to anyone who uses our Service, including general visitors to our Site.
3. ELIGIBILITY
3.1. The User can register and create an account on our Site. Registration provides the User with access to the full features of our Service.
3.2. Non-registered users can still browse our Site or make a purchase by checking out as a guest.
3.3. The User must be of minimum 18 years of age to register or checkout as a guest.
3.4. The User must provide us with personal information, payment information, a valid address to ship the purchases to (not a P.O. Box address), and other information that we deem necessary to support the User with our Service.
4. RULES OF USE
4.1. The User must:
4.1.1. Be at least 18 years old to register on or use our Site.
4.1.2. Register or make any purchase as a guest using the User’s real ID name.
4.2. The User must not:
4.2.1. Purchase items from our Site for resale.
4.2.2. Violate the laws of the United States, its states, or any foreign entity having jurisdiction over this Agreement, whether or not the foreign entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
4.2.3. Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of ECOsity.
4.2.4. Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third-party.
4.2.5. Submit any content to the Site anonymously.
4.2.6. Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of our Site, Service, or its Users’ computers.
4.2.7. Do anything else that could bring ECOsity into disrepute or violate the rights of any person.
5. PAYMENT, RETURNS, REFUNDS, AND PRICING
5.1. Acceptable payment methods are presented at our checkout page. Unless otherwise stated, all prices are listed in United States dollars.
5.2. A payment receipt, detailing the order total price, (minus discounts, if any), taxes, shipping and handling charges, and other relevant prices, will be included as part of the purchase.
5.3. Returns. In the event that the User is not completely satisfied within 30 days of the purchase, we will accommodate an exchange or refund of the purchased price (excluding discounts and shipping and handling charges), as described below.
5.3.1. All items must be returned in original condition in their original packaging along with all accessories, parts, and instruction manuals that were shipped with the original order. Contact or email us regarding the instructions to return the order. The User may choose to return the order at their own expense. We encourage that all return shipping be insured by the shipper.
5.3.2. The return package must be postmarked within 30 days of the date of order was shipped (regardless of what date the product was first used). Returns not meeting our return requirements may result in the loss of a refund or replacement. Such a return also will not be sent back to the User.
5.4. Refund. A refund will be issued to the original method of payment for the full purchase price, excluding shipping and handling, sales taxes and any separate fees. Refunds will typically reflect in the User’s account within 3-5 business days of receiving the returned item.
5.5. Exceptions to Return Policy. Consumable items (products that can be diminished or used up) are not returnable once they are opened. However, we will accept a return for any unused and unopened consumable item.
5.6. Pricing. ECOsity strives to offer the best value and best price possible to our consumers. We conduct periodic pricing reviews based on the economics of our Service. However, we do not warrant that our products and price descriptions or other contents of our Site are accurate, complete, reliable, current, or error-free.
6. OUR RIGHT TO CANCEL
6.1. We reserve the right to cancel an order at any time should we believe that the User is engaging in the unauthorized reselling of our item(s). Related to this, should the User still believe that the order was cancelled in error, the User may contact or email us with information about the intended use of the items.
6.2. User may contact or email us for bulk or corporate purchases for purposes other than resale.
7. USER RIGHT TO AMEND OR CANCEL ORDER. The User may amend or cancel an order by contacting or emailing us. Orders may be cancelled prior to shipping.
8. SHIPPING & HANDLING CHARGES AND SALES TAX
8.1. Applicable shipping & handling charges will be presented during the ordering process. From time to time, we may offer free shipping under certain conditions, which will be indicated appropriately on our Site. A shipping & handling surcharge may be added to all orders shipped outside the 52 contiguous United States regardless of the Shipping Option chosen.
8.2. Pre-orders or back-orders will ship as soon as the product is available. The User will not be billed for any order until it has shipped.
8.3. Respective states sales taxes apply to all orders.
9. CHARGEBACKS AND PAYMENT DISPUTES. Where a User conducts a chargeback or payment dispute against ECOsity, such User shall be liable to ECOsity for the full amount of the chargeback or payment dispute, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by us in the enforcement of its rights under this paragraph.
SEE PARAGRAPH 27 FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS PARAGRAPH 9.
10. OUR COPYRIGHT. The contents of our Site are protected by U.S. and international copyright laws. The User agrees not to copy, distribute, upload, transmit, sell, display, disseminate, reproduce or use for commercial purposes any of the copyrighted information (including without limitation content, images, or trade dress) on the Site without receiving our prior written permission.
11. THE USER’S COPYRIGHT
11.1. Although the User retain the copyright in any content (including, but not limited to, reviews, photographs, videos, text, audio, and other materials) that the User posts in our Site, by submitting any content to ecosity.us, it is deemed that the User will grant us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of that content.
11.2. The User will warrant us that the former has the right to grant us this right to the content. The User also agrees to indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
SEE PARAGRAPH 27 FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS PARAGRAPH 11.2.
12. TRADEMARKS. “ECOsity” is a trademark used by us, ECOsity.us, to uniquely identify our Site, Service, and business. ECOsity and other trademarks (KPLASS), logos, other marks, and trade dress pertaining to our Site and products sold on the Site are our property or belong to their respective owners. The User may not make any use of such trademarks, logos, other marks or trade dress without our prior written consent or the consent of the owner, if not us.
13. REVOCATION OF CONSENT. We may revoke our consent to the User use of our intellectual property, including our copyrights, trademarks, logos, other marks or trade dress, or any other permission granted to the User under this Agreement, at any time. If we so request, the User must take immediate action to remove any usage of our intellectual property that the former may have engaged in, even if it would cause a loss to the User.
14. COPYRIGHT & TRADEMARK INFRINGEMENT
14.1. We may have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act (“DMCA”). If the User believe that its copyright has been infringed, the User is to email us the following information in writing and signed electronically (see 17 U.S.C. Section 512(c)(3) for further detail):
14.1.1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
14.1.2. A description of the copyrighted work that the owner claims has been infringed.
14.1.3. A description of the material that the owner claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
14.1.4. Information so that the owner can be contacted, such as name, address, telephone number and e-mail address.
14.1.5. A statement that the owner has in good faith believed that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
14.1.6. A statement that the information in the notification is accurate and, under penalty of perjury, that the owner is the copyright owner of a copyright that is allegedly infringed.
14.2. If the owner believes that any content or materials the User posted, uploaded or submitted to the Site and that were subsequently removed from the Site, or to which access was disabled, were improperly removed or disabled, the owner may email us with the following Counter-Notification (see 17 U.S.C. Section 512(g) for further detail):
14.2.1. The owner’s physical or electronic signature.
14.2.2. A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
14.2.3. A statement under penalty of perjury that the owner has in good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
14.2.4. The owner’s name, address and telephone number, and a statement that the owner has consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that the owner will accept service of process from the person who provided notification of the alleged infringement.
14.3. Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that the User send us similar information to that above in regard to any allegation of trademark infringement, and we will address it as soon as practicable.
15. COMMUNICATIONS DECENCY ACT. United States law – specifically 47 U.S.C. §230 – creates a defense for us for the actions of third parties in regard to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our website by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, act against the offending User. Any User may notify us by email if a User has posted anything that is believed to be defamatory.
16. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
16.1. We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. By using the site, the User releases us from any liability that we may otherwise have to the User in relation to or arising from this agreement or our Service, for reasons including, but not limited to, failure of our Service, untimely delivery, negligence, or any other tort. To the extent that applicable law restricts this release of liability, we are liable to the User only for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
16.2. In no event will ECOsity.us, its directors, officers, or employees be liable (a) for any indirect, consequential, special, incidental or punitive damages arising out of the use or inability to use the service, (b) relating to any content or products available or sold on or through the service, or (c) in connection with any third-party content or materials (including user materials) or the defamatory, infringing, offensive or illegal conduct of any third-party.
16.3. We are not responsible for any failure on the part of a payment processor, including PayPal or the credit card company or bank that the user use to pay us or fund PayPal, to direct payments to the correct destination, or any actions on their part in placing a hold on the User’s funds.
16.4. We are not liable for any claims or damages arising from any temporary or permanent inability to access our site, for any reason.
16.5. Nothing in the provisions of this “Representations & Warranties” paragraphs shall be construed to limit the generality of Paragraph 16.1.
SEE PARAGRAPH 27 FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS PARAGRAPH 16.
17. INDEMNITY. By using this Site, the User agrees to indemnify and hold us harmless for any claims by the User or any third-party arising from or relating to this Agreement or the provision of our Service, including any damages caused by the User of our Site or acceptance of the offers contained on it. The User also agrees that the User has a duty to defend us against such claims and we may require the User to pay reasonable attorneys’ fees for an attorney(s) of our choice, court costs, and disbursements in such cases. In the event of a claim such as the one described in this paragraph, we may elect to settle with the party/parties making the claim, and the User shall be liable for the damages as though we had proceeded with a trial.
SEE PARAGRAPH 27 FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS PARAGRAPH 17.
18. APPLICABLE LAWS. These Terms and Conditions shall in all respects be governed by the laws of the state of Delaware, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The offer and acceptance of these Terms and Conditions are deemed to have occurred in the State of Delaware. The User agrees to personal jurisdiction by and venue in state and federal courts located in Newark, Delaware.
AS A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT THE USER’S RIGHTS UNDER CONSUMER PROTECTION LAWS OF THE STATE OF RESIDENCE, EXCEPT AS SET FORTH IN PARAGRAPH 27.
19. DISPUTE RESOLUTION: INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
19.1. Any legal or equitable claim relating to the User use of our Site, these Terms and Conditions, or the use or purchase of any products from ECOsity (referred to as a “Claim”) will be resolved as follows:
19.1.1. Informal resolution: In the event that any dispute between ECOsity and the User arises out of or relates to the ecosity.us Site, these Terms and Conditions, the applicability of these Terms and Conditions to the use of the ecosity.us Site, or the use or purchase of any products from ecosity.us, the User and us agree to try to promptly resolve any such dispute informally. The User may email us at info@ecosity.us.
19.1.2. Formal Resolution by Arbitration/Class action Waiver:
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS THE USER’S RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION.
19.1.2.1. If the User and ECOsity cannot resolve a Claim informally, any Claim asserted by either the User or ECOsity will be resolved only by binding Arbitration subject to the Federal Arbitration Act.
19.1.2.2. By agreeing to Arbitration, the User is waiving its rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both the User and ECOsity agree to settle disputes only by Arbitration. ARBITRATION MEANS THAT THE USER WAIVE ITS RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in these Terms and Conditions as a court would.
19.1.2.3. The Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms and Conditions. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions will govern. The User may, in Arbitration, seek any and all remedies otherwise available to the User pursuant to the law of the governing state. If the User decides to initiate Arbitration, ECOsity agrees to pay the Arbitration initiation fee and any additional required deposit required by JAMS to initiate the User’s Arbitration. The User and ECOsity agree to pay the costs of the Arbitration proceeding provided however that if the User are a consumer shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The Arbitration will be held at a location in the User’s hometown area if possible unless the User and ECOsity both agree to another location or virtual online Arbitration. To initiate Arbitration, the User or ECOsity must do the following things:
19.1.2.3.1. Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. (A sample copy of a Demand for Arbitration can be downloaded at www.jamsadr.com.)
19.1.2.3.2. Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS [to the local JAMS office or to JAMS, 620 Eighth Ave., 34th Floor, New York, NY 10018].
19.1.2.3.3. Send one copy of the Demand for Arbitration to the last known physical address of the other party.
19.1.3. Special Rules in the Arbitration Proceeding.
19.1.3.1. The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction.
19.1.3.2. Neither the User nor ECOsity shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT THE USER WAIVES THE RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, the User and ECOsity agree that the JAMS Class Action Procedures do not apply to the Arbitration.
19.2. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms and Conditions, the User may assert an individual Claim in small claims court in lieu of Arbitration.
20. LIMITED TIME TO FILE CLAIMS. The User must assert any Claim relating to use of this Site or the purchase of any products from ecosity.us within one (1) year after the Claim arises, or such Claim will be barred.
SEE PARAGRAPH 27 FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS PARAGRAPH 20.
21. FORCE MAJEURE. We are not responsible to the User for events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, pandemic, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
SEE PARAGRAPH 27 FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS PARAGRAPH 21.
22. SEVERABILITY. In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
23. NON-WAIVER. ECOsity reserves all rights under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
24. TERMINATION & CANCELLATION
24.1. We may terminate the User’s access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding the User, if the User have paid anything to us, will be limited to the amount the former paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to the User’s breach of this Agreement, in which case we are not required to provide any refund or other compensation whatsoever.
24.2. Under no circumstances, including termination or cancellation of our Service to the User, will we be liable for any losses related to actions of other Users.
SEE PARAGRAPH 27 FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS PARAGRAPH 24.
25. ASSIGNMENT OF RIGHTS. The User may not assign the User’s rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
26. AMENDMENTS. We reserve the right to amend these Terms and Conditions from time to time by posting the updated Terms and Conditions and/or an updated Privacy Policy on the Site. The User continued use of our Service shall constitute its acceptance of any such amendments.
27. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
27.1. Nothing in this PARAGRAPH shall modify Subparagraph 19.1.2. (“Formal Resolution by Arbitration/Class Action Waiver”).
27.2. For Jurisdictions that do not allow us to limit our liability: For consumer, the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the User’s State of residence. Notwithstanding any provision of these Terms, if the User’s jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
27.3. IF THE USER IS A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR & THE USER HEREBY WAIVE THIS PARAGRAPH OF THE CALIFORNIA CIVIL CODE. THE USER HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
27.3.1. New Jersey Users and Residents. If the User is a New Jersey consumer, the terms of Paragraphs 9, 11.2., 16, 17, 18, 20, 21, and 24 do not limit or waive its rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey.
27.3.2. California Users and Residents. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about ECOsity must be addressed to us via email.
27.3.3. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
27.3.4. International Users. ECOsity is controlled and operated within the United States. We make no representation that content, materials or products available on or through the Site are appropriate or available for use outside of the United States. If the User access the Site from a location outside the United States, the User is responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.
Updated in July 2024