The Sites (as defined below) are operated by ERL Inc. ("ERL," "we", "our", "us"). Our registered office is at 315 W 36th St, New York, 10th Fl, NY, United States.
1. ACCEPTANCE OF TERMS
If you do not want to agree to the terms of this Agreement, do not access, view, or otherwise use any of the Platform.
We reserve the right to modify, supplement, or replace the terms of this Agreement at any time, effective prospectively upon posting at the Sites and/or notifying you by email. When we post changes to these Terms, we will revise the "Last Updated" date at the top of these Terms. We recommend that you check the Sites from time to time to inform yourself of any changes in this Agreement. If you do not want to agree to changes to this Agreement, you must immediately stop using the Platform. Your continued use of the Platform shall constitute your acceptance of and agreement to the revised Agreement.
4. TERMINATION OF SERVICE
ERL reserves the right to deny service to any person in ERL's sole and absolute discretion. The Platform is offered with the understanding that ERL may terminate your access to the Platform at any time, for any reason or no reason, including, without limitation, for any violation of this Agreement. ERL may stop offering or supporting the Platform or a portion thereof at any time.
5. ORDER AND PAYMENT TERMS
After you place an order we will review the information you provided for validity by verifying your method of payment, billing, and/or shipping address. Orders may not be accepted for delivery to certain addresses and territories based upon your location. We may contact you (via email or phone) if additional information is required to accept and process your order. Invalid order information may result in delays processing your order. For Product purchases, your receipt of an order confirmation does not constitute ERL's acceptance of your order. Without prior notification, ERL maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. ERL reserves the right not to sell to resellers. If your order is cancelled, we will attempt to notify you using the e-mail address you have given us with the order.
ERL does not sell products through its Sites for or to children, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Sites only with involvement and consent of a parent or legal guardian.
We accept various payment methods for Product purchases through our Sites, including Mastercard, Visa, and American Express. We will bill your payment method when you place an order for a Product through the Platform. ERL will not fulfill any Product order without authorization validation of your purchase from your payment method.
You acknowledge and agree that any offers made available through the Platform are subject to change at any time and from time to time.
We have tried to be as accurate as possible in describing and displaying the colors and other features of the Products made available for purchase through the Platform; however, there is no warranty or guarantee that the colors, quality, product descriptions, or other content of the Platform is accurate, complete, reliable, current, or error-free.
We will ship the Product(s) you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We do not guarantee the services of any shipping service, and delivery dates and times are not guaranteed. We will, however, use commercially reasonable efforts to dispatch the Product to you as soon as possible after you place your order. During busy times, such as holiday periods and periods of inclement weather, there may be additional processing and shipping delays. You agree to not hold ERL liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. Unless otherwise provided by notice from ERL, all Products are shipped F.O.B. from any place we designate the Products to leave. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise to do circumstances in which we take such action.
ERL will provide replacements for Products purchased through the Platform within thirty (30) days of purchase in accordance with our Return Policy. Returned Products must be in new condition with the original packaging and accessories. ERL will be responsible for the costs of returning Products that are returned pursuant to our Return Policy.
6. CONDITIONS AND RESTRICTIONS OF USE
USE OF PLATFORM
ERL grants you a limited, revocable, non-exclusive, non-sublicenseable, non-assignable license and right to access and use the Platform for your personal, non-commercial use in accordance with this Agreement. Except as expressly permitted by us in writing, you will not (directly or indirectly): (i) reproduce, redistribute, license, sell, create derivative works from, decompile, disassemble, reverse engineer, damage, attack, interfere with, or attempt to interfere with the Platform; (ii) bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Platform; (iii) use manual or automated software, devices, or other processes to "crawl" or "spider" the Sites; or (iv) otherwise take any action in violation of our guidelines and policies.
Furthermore, you may not use the Platform to develop, generate, transmit, or store information that: (i) is defamatory, harmful, abusive, obscene, or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Platform; (iii) performs any unsolicited commercial communication not permitted by applicable law, regulation, or ordinance; (iv) constitutes harassment or a violation of privacy or threatens another people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation, or ordinance; (vii) makes any false, misleading, or deceptive statement or representation regarding ERL and/or the Platform; or (viii) constitutes phishing, pharming, or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
ERL reserves the right to add or remove information, content, or Services from the Sites at any time in its sole discretion. Furthermore, ERL reserves all rights not expressly granted in this Agreement, including, without limitation, title ownership, intellectual property rights, and all other rights and interest in ERL, the Platform, the Product, and all related items.
CREATING AN ACCOUNT
When you access the Apps, you can choose to register with us and set up an account with an ID and password (your "Account").
You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at firstname.lastname@example.org straight away to let us know.
You must be 13 years or older and capable in your country of residence of entering into a legal binding agreement to use our Apps.
YOUR RIGHT TO USE A PLATFORM
Your right to use the Platform is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Platform does not stop us from giving other people the right to use the Platform.
- not to copy our Apps or any portion of the Platform;
- not to give or sell or otherwise make available our Apps or any portion of the Platform to anybody else;
- not to change our Apps or any portion of the Platform in any way; and
- not to look for or access the code of our Apps or any portion of the Platform that we have no expressly published publicly for general use.
You agree that all confidential information, copyright and other intellectual property rights in our Apps or any portion of our Platform belong to us or the people who have licensed us to use those rights.
RULES OF ACCEPTABLE USE
Any use of our Platform should comply with these Rules of Acceptable Use. When using the Platform, you must not:
- circumvent, disable or otherwise interfere with any security related features of the Platform or features that prevent or restrict use or copying of the content accessible via the Platform;
- create more than one account on the Platform;
- give any false or misleading information in your account details;
- permit another person to use the Platform under your name or on your behalf;
- use the Platform if we have suspended or banned you from using it;
- send junk, spam or repetitive messages;
- engage in any illegal or unlawful conduct;
- modify, interfere, intercept, disrupt or hack the Platform;
- misuse the Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Platform or any user of the Platform's own equipment;
- interfere with, disrupt or attempt to gain unauthorized access to the servers or networks connected to the Platform or violate the regulations, policies or procedures of such networks;
- access or attempt to access any portion of the Platform by means other than through the interface that is provided by us; or
- remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices).
- immediate, temporary or permanent withdrawal of your right to use our Platform;
- issue of a warning to you;
- legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
These responses are not limited, and we may take any other action we reasonably deem
NO VIOLATION OF LAWS
You agree that you will not, in connection with your use of the Platform or Products, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Platform any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy and publicity).
NO COMMERCIAL USES
You agree that you will not use the Platform for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Platform.