TERMS & CONDITIONS
You expressly acknowledge that your use of this site is at your sole risk. ECT is providing this site and its contents on an “as is and available” basis and makes no representations of warranties of any kind with respect to this site or its contents. To the maximum extent permitted by law, ECT disclaims all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose – some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. In addition, ECT does not represent or warrant that the listed information or merchandise provided through this site is accurate, complete and/or current.
Products, prices, availability, and information are subject to change at any time, without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement of offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall ECT nor any of its personnel, distributors, affiliates, related companies, subsidiaries, merchants, content providers & managers, or any other party involved (“Business Associates”) in the creation or maintenance of this site and company be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss or damage to property and claims by third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. ECT also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
CLUBPUR has filed an application of registered trademarking in the United States. Under common law, CLUBPUR trademarks may not be used without the written permission of ECT and specifically should not be used in connection with any other product or service, or in any manner that is likely to cause confusion amongst customers, or in any manner that disparages or discredits CLUBPUR.
Any rights not expressly granted herein are reserved.
COPYRIGHT AND PROPRIETARY RIGHTS
All information, including, without limitation the design of this Site, all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (“Content”) are the proprietary property of ECT Inc. and authorized Business Associates. The overall design and appearance of this Site is the proprietary ECT, Inc. and being hosted by Shopify.
The Content of this Site is for personal use only and for the sole purpose of learning more about products, information, and placing an order with ECT. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate ECT Inc.’s copyright, common law trademark and other proprietary rights.
Any and all trademarks, logos, and content which ECT uses in connection with the Site shall remain the exclusive property of ECT. Nothing contained in the Terms shall be deemed to give you any rights in or to any intellectual property of ECT. All other trademarks, product names and company names or logos on the Site are the property of their respective owner(s).
COMMUNICATIONS PROVIDED BY USER
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by ECT or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, ECT is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to [re]developing, manufacturing and marketing products using such information. By posting any communication or material on this site, you grant ECT and its Business Associates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant ECT and its Business Associates and sub-licensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
ECT does not guarantee, warrant or endorse any product or service not manufactured or performed by ECT, their suppliers and/or manufacturers, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by the same. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access this site.
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. ECT reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be requested and required prior to the acceptance of any order.
ECT agrees to adhere to all applicable United States federal and state laws, statutes, and regulations relating to the collection and use of personal information from Site visitors.
Information we collect:
ECT collects two basic types of information – personal information and anonymous information – and we may also combine anonymous information and your personal information with other information in a way that it is not associated with you, to create aggregated information. We may collect the following categories of information.
- Personal information you provide when you create an account, which may includes your first and last name, country of residence, email address, phone number, photographs, username and password.
- Personal information you provide when you request information or purchase products or services from us on our Site, includes your postal address, telephone number and payment information.
- Personal Information you provide in public forums on our Site includes such as quotes, comments, photographs, videos, or other digital media.
- Personal Information sent either one-to-one or within a limited group using our message, chat, post or similar functionality, where we are permitted by law to collect this information.
- Personal Information you provide to us when you use our Site and on third-party sites or platforms, such as social networking sites, or link your profile on a third-party site or platform with your registration account.
- Location information when you visit our Site include location information either provided by a mobile device interacting with our Site, or associated with your IP address, where we are permitted by law to process this information.
- Usage, viewing and technical data, including your device identifier or IP address, when you visit our Site, use our Applications on third-party sites or platforms, or open emails we send.
The Site is intended for general audiences and are not directed to children under the age of 16, and we do not knowingly collect personal information from children under the age of 16 without obtaining parental consent. If you are under 16 years of age, then please do not use or access our Site at any time or in any manner. If we learn that personal information from children under the age of 16 has been collected without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 16 years of age has obtained an account, unauthorized by you, on our Site, please alert us at firstname.lastname@example.org so that we can delete your child’s personal information from our systems.
How we collect information:
We may collect information through technology, such as cookies, Flash cookies and Web beacons, including when you visit our Site and Applications or use our Applications on third-party sites or platforms. Most web browsers automatically accept cookies, but you can generally change your browser’s settings to display a warning before accepting a cookie, or to block all cookies.
You agree to defend, indemnify and hold ECT harmless and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
CHOICE OF LAW
The Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the federal or state courts in Los Angeles County, California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ECT as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ECT with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ECT with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
ECT reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.