This website is owned and operated by Eilers LLC. Throughout the site, the terms “we”, “us” and “our” refer to Eilers LLC.
We are providing you with access to this Site and our online store (together, our "Services") subject to the following terms and conditions. By browsing, accessing, using, registering for or purchasing merchandise on this Site, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these "Terms").
We reserve the right to change this Site and these Terms at any time. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Site.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store General terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
Section 2 - Use of the Site
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal, non-commercial use of this Site.
This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site.
You may not use, frame or utilize framing techniques to enclose any of our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without our express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing our name, trademark, or product name without our express written consent.
Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are not granted the right to create a hyperlink to the homepage of this Site.
Section 3 - Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site;
- remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
- collect any information about other users (including usernames and/or email addresses) ;
- reformat or frame any portion of any Web pages that are part of this Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other users solicited or unsolicited electronic communications, such as "spam," or otherwise interfere with other users' enjoyment of the Site;
- submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
- transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;
- use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material;
- copy or store any Feedback offered on this Site other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
- use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.
We have no obligation to monitor any user conduct on this Site, and we reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
Section 4 - Ownership
As between you and us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the "Site Content"), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors and protected by applicable copyright laws.
The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.
Section 5 - Account
In order to access some features of this Site, you may be required to register and we may assign to you, or you may be required to select, a password and user name or account identification.
If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and we have no obligation to investigate the authorization or source of any such access or use of this Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Section 6 - Electronic Communication
When you use this Site, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Section 7 - Feedback
You may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, us and our products (collectively "Feedback").
You agree that Feedback is non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Section 8 - Purchases Electronically on this Site
You agree that all of your transactions with or through this Site may, at our option, be conducted electronically from start to finish.
If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us.
You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
Section 9 - Loss of Product
The risk of loss for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract.
Section 10 - Tax and Charges
We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped.
When we ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed.
We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order. Any shipping or handling charges may or may not reflect actual costs.
Section 11 - Payment methods
Only valid credit cards or other payment method acceptable to us may be used. 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 Sites) 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.
Section 12 - Return Policy
All returns are governed by our Return Policy, which can be found at here.
Section 13 - Accuracy of Information and Pricing
We attempt to be as accurate as possible and eliminate errors on this Site; however, we do not guarantee that any product, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or otherwise, we reserve 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.
All prices are subject to change without notice.
Section 14 - Availability
All items are subject to availability and we reserve the right to (and we are not liable for) impose quantity limits on any order, to reject all or part of an order and to discontinue products without notice, even if you have already placed your order.
Section 15 - Purchase Restricted or Prohibited
We reserve the right to refuse or cancel any orders placed for products which the sale or use of such product in your state or jurisdiction is restricted or prohibited.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Any offer for any product or service made on this site is void where prohibited.
Section 16 - Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
Section 17 - Termination
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site or providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
Section 18 - Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this Site; (b) any Feedback that you provide; (c) your violation of these Terms; and (d) your violation of any rights of another.
You agree to promptly notify us of any third party claims, cooperate with us in defending such claims and pay all fees, costs and expenses associated with defending such claims (including but not limited to attorneys' fees). You further agree that the we shall have the right to control of the defense or settlement of any third party claims.
Section 19 - Disclaimers
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied.
WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
We does not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.
Section 20 - Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and our 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 our applicable returns and exchanges policies.
IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT.
THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Section 21 - Remedies
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
Section 22 - Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
Section 23 - Severability
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Section 24 - 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.
Section 25 - Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site.
These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding use of this Site.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 27 - Contact Information
Questions about the Terms of Service should be sent to us at: Info@Alpeka.org.