TERMS AND CONDITIONS OF USE

  1. Agreement.

Welcome to ecobuggy.com. This website is maintained by VCM Products, LLC, (“EcoBuggy,” “we,” “us,” or “our”) as a service to our customers. The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation, our Privacy Policy accessible at https://www.ecobuggy.com/policies/privacy-policy (“Privacy Policy”), and our Refund Policy accessible at https://www.ecobuggy.com/policies/refund-policy (“Refund Policy”) (collectively, these “Terms of Use”) govern your (“you” or “User”) access to and use of the website located at , including any content, functionality, services offered on or through the website located at (the “Website” or “Site”). These Terms of Use also govern your purchase of any goods or services offered on or through the Site (“Products”). By using this site, you agree to comply with and be bound by the following terms and conditions of use. If you do not agree to these Terms of Use, you should not use this site.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE OR MAKING ANY PURCHASE OF PRODUCTS ON OR THROUGH THE WEBSITE. BY USING THE WEBSITE, MAKING ANY PURCHASE OF PRODUCTS ON OR THROUGH THE WEBSITE, REGISTERING WITH OR CREATING AN ACCOUNT FOR THE WEBSITE, OR CLICKING “ACCEPT” OR CHECKING THE APPLICABLE BOX FOR MANIFESTING ACCEPTANCE OF THESE TERMS OR USE, YOU ACCEPT, AND AGREE TO BE BOUND AND ABIDE BY, THESE TERMS OF USE, OUR PRIVACY POLICY, AND PRODUCT WARRANTIES, WHICH ARE INCORPORATED HEREIN BY REFERENCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, THE PRIVACY POLICY, OR THE TERMS OF SALE, YOU MUST NOT ACCESS OR USE THE WEBSITE, PURCHASE ANY PRODUCT ON OR THROUGH THE WEBSITE, AND/OR REGISTER FOR AN ACCOUNT ON THE WEBSITE.

These Terms of Use may be modified at any time by EcoBuggy upon posting of the modified Terms of Use. You can view the most recent version of these terms at any time at https://www.ecobuggy.com/policies/terms-of-service. Any such modifications shall be effective immediately and apply to all access to and use of the Website thereafter, including, without limitation, the purchase of Products on or through the Website. Your continued use of the Website or purchase of any Products following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website or purchase Products so you are aware of any changes, as they are binding on you.

  1. Privacy.

Your visit to our Website is also governed by our Privacy Policy. Please review our Privacy Policy at https://www.ecobuggy.com/policies/privacy-policy.

  1. Ownership.

All content included on this Website is and shall continue to be the property of EcoBuggy or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in these Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.

  1. Intellectual Property Rights.

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, “look and feel,” and the design, selection and arrangement thereof), are owned by EcoBuggy, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

(a)   Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

(b)  You may store files that are automatically cached by your Web browser for display enhancement purposes.

(c)   You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

(d)  If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

(a)   Modify copies of any materials from this Website.

(b)  Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. Without limiting the generality of the foregoing, you may not use the Website for benchmarking or purposes competitive with EcoBuggy.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by EcoBuggy. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

  1. Trademarks.

You acknowledge EcoBuggy’s exclusive rights in the EcoBuggy trademark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of EcoBuggy or the party that provided such intellectual property to ecobuggy.com. EcoBuggy and any party that provides intellectual property to ecobuggy.com retain all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you.

  1. Website Use.

Ecobuggy.com is for your personal and non-commercial use, unless otherwise specified. This website is intended for adults only. This website is not intended for any children under the age of 13. You may not use any service provided by the Website for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of ecobuggy.com. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to this website.

  1. User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials, such as product reviews, (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to either the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

(a)   You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

(b)  All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not EcoBuggy, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

  1. Linking to and from the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

As provided in Section 6, we make this Website available to you only for your personal, non-commercial purposes. Without limiting the generality of the foregoing, you may not use or access the Website or purchase Products from it for the purpose of commercial reviews of such Products or inaccurate or untruthful reviews about EcoBuggy, the Website, or the Products.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

9.     Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

(a)   Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

(b)  Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

(c)   Be accurate and truthful at the time of posting and not made with the purpose of intentionally harming EcoBuggy, the Website, Products, or any other user.

(d)  Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

(e)   Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

(f)   Be likely to deceive any person.

(g)  Promote any illegal activity, or advocate, promote or assist any unlawful act.

(h)  Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

(i)    Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

(j)    Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

  1. Online Purchases and Other Terms and Conditions

This Section 10 applies to all purchases through this Website or other transactions for the sale of goods (“Products”), formed through the Website or as a result of visits made by you. You may only purchase Products for your personal, residential use. Products made available for purchase on or through the Website are not for commercial or industrial use, including, without limitation, purchases of Products for business, hotel, institutional or other similar uses or purposes.

You agree that your order is an offer to buy, under these Terms of Use, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell Products. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the Products you have ordered. Acceptance of your order and the formation of the contract of sale between EcoBuggy and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email or before we ship your order.

The price for Products available for purchase through the Website will be displayed to you on the Website. The prices displayed do not include taxes or any other applicable fees, including, without limitation, any shipping, handling, insurance, or recycling fees. Any applicable taxes or fees will be communicated to you before you place an order. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

EcoBuggy is not a bank, credit union, payment processor, or other financial institution. As such, the Website currently uses third-parties to process payments for transactions consummated through this Website (“Payment Processors”). By utilizing the Website to purchase Products, you authorize a Payment Processor to charge your credit card or other payment method. Our third-party Payment Processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. Transactions processed via the Website may also be subject to the terms and conditions of the applicable Payment Processor. Financing, should it become available, will be subject will be subject to additional terms and conditions. You represent and warrant that (i) the credit card information you supply to such third party payment processors is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. EcoBuggy is not responsible for any errors by the Payment Processor.

We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. EcoBuggy offers free standard shipping on orders over $25. Order processing and handling may take 2-3 business days. Orders usually arrive within 2-5 business days after shipment. Products may only be shipped to the United States (not including US territories). Title and risk of loss pass to you upon delivery of the Products (by us or our manufacturer) to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You are responsible for filing any claims with carriers for damaged or lost shipments.

Occasionally and from time to time, EcoBuggy may offer qualified consumers “discount codes,” “promo codes,” “coupon codes,” “gift codes” or “offer codes” through a range of advertisements, promotional programs and other communications efforts (collectively referred to herein as “offer codes”) that are redeemable towards purchase(s) on our Website. These offer codes are available only while supplies last and are subject to certain product, minimum price exclusions or any other restrictions as may be determined and communicated by EcoBuggy in its sole discretion. Only valid offer codes provided or promoted by EcoBuggy will be considered valid and honored at checkout. Codes supplied or promoted by third parties unauthorized by EcoBuggy (including any unauthorized third-party websites) will not be honored and are not considered valid. Each offer code promoted by EcoBuggy is non-transferable and valid for single use on an item (or items) as determined by EcoBuggy. Offer codes may not be combined with any other offer codes or promotional activities, are valid only on full-priced products unless stated otherwise. They will not be honored on any items that are marked as “Closeout” or “Final Sale” unless stated otherwise, and may not be used in conjunction with any other promotional programs that may be issued through our retail partners. Customers are limited to the use of a single offer code per order.  The code must be entered in the ‘discount code’ field at checkout. EcoBuggy does not accept responsibility for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions, “rain checks,” or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned which causes the order to no longer meet any restrictions of an offer code used in the transaction. If an offer code provides for free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s) will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying product. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.

EcoBuggy’s Refund Policy may be accessed at https://www.ecobuggy.com/policies/refund-policy.

  1. Limited Product Warranties.

 

Each Product purchased from EcoBuggy is covered by a Limited Warranty, available at [LINK]. The Limited Warranty is incorporated by reference into these Terms of use. To the extent there is a conflict between the terms of the Limited Warranty and these Terms of Use, the terms of the applicable Limited Warranty shall govern.

 

  1. Compliance with Laws.

You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.

  1. Indemnification.

You agree to indemnify and hold EcoBuggy, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of the Terms of Use by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Website.

  1. Disclaimer.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

EXCEPT FOR THE LIMITED WARRANTY, YOUR USE OF THIS WEBSITE AND PRODUCTS IS AT YOUR OWN RISK. ANY SERVICE, INFORMATION, AND/OR PRODUCTS PROVIDED ON OR THROUGH THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. EXCEPT FOR THE LIMITED WARRANTY, ECOBUGGY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ECOBUGGY DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ECOBUGGY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ECOBUGGY MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE, ANY SERVICE, OR ITS CONTENT. ECOBUGGY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation of Liability.

IN NO EVENT WILL ECOBUGGY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Reliance on Information Posted

The information presented on or through the Website is made available solely for personal, non-commercial, general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by EcoBuggy, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of EcoBuggy. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. Use of Information

EcoBuggy reserves the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy located at https://www.ecobuggy.com/policies/privacy-policy.

  1. Applicable Law.

You agree that the laws of the state of Ohio, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and EcoBuggy or its affiliates.

  1. Dispute Resolution

Any dispute, claim or controversy among the parties arising out of or relating to these Terms of Use, the Website, or the products and services you purchase on or through it (“Dispute”) shall be finally resolved by and through binding arbitration in accordance with the Federal Arbitration Act to the exclusion of any other Federal, state or municipal law of arbitration. Both the foregoing agreement of the parties to arbitrate any and all Disputes, and the results, determinations, findings, judgments and/or awards rendered through any such arbitration, shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction.

For any Dispute, the place of Arbitration shall be in Cincinnati, Ohio. The cost of the arbitration proceeding, including, without limitation, each party’s attorneys’ fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.

RESTRICTIONS ON ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. ANY DISPUTES YOU MAY HAVE AGAINST ECOBUGGY, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS YOU HEREBY AGREE TO BIFURCATE AND ARBITRATE AGAINST THEM INDIVIDUALLY IN HAMILTON COUNTY, OHIO. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU AND ECOBUGGY AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND ECOBUGGY, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS. FURTHER, YOU WILL NOT HAVE THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.

THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE COURTS LOCATED IN HAMILTON COUNTY, OHIO, OR, IF BROUGHT IN A FEDERAL DISTRICT COURT, THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO.

WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS SECTION BE STRICKEN FROM THESE TERMS OF USE OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION (OTHER THAN THIS SENTENCE) SHALL BE STRICKEN FROM THIS AGREEMENT AND INAPPLICABLE, AND ANY AND ALL DISPUTES SHALL PROCEED IN THE STATE COURTS LOCATED IN HAMILTON COUNTY, OHIO, OR, IF BROUGHT IN A FEDERAL DISTRICT COURT, THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO AND BE DECIDED BY A JUDGE, SITTING WITHOUT A JURY, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR THE PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Severability and Waiver

 

If any provision of the Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect.

The failure of EcoBuggy to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by EcoBuggy must be in writing and signed by an authorized representative of EcoBuggy.

  1. Modification and Termination

 

EcoBuggy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any service provided by the website (or any part thereof) with or without notice. You agree that EcoBuggy will not be liable to you or any third party for any modification, suspension or discontinuance of the website or any service.

  1. Relationship of the Parties

Nothing contained in the Terms of Use or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

  1. Entire Agreement

This Terms of Use constitutes the entire agreement between you and EcoBuggy and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EcoBuggy with respect to this Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website.

  1. Electronic Communications

When you visit the Website, or send us emails, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication by in writing.

  1. Contact Information

 

If you have any questions regarding the Terms of Use, please contact us at:

EcoBuggy

c/o VCM Products, LLC

6 Paragon Way

Freehold, New Jersey 07728

11674729.1

© 2023 VCM Products, LLC. All rights reserved.