TERMS AND CONDITIONS
OVERVIEW
This website is operated by elio-california.com. Throughout this website, the terms "we", "us" and "our" refer to elio-california.com..
This website is operated by elio-california.com. Throughout this website, the terms "we", "us" and "our" refer to elio-california.com..
elio-california.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/ or purchasing any of our products, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”, “Terms and Conditions”, “Terms”), including any additional terms, conditions and policies referenced herein and/or hyperlinked. These Terms and Conditions apply to all users of this site, including but not limited to users who are browsers, vendors, customers, merchants, and/ or content contributors. Please
read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services offered on the website.
Any new features or tools that may be added to this store in the future shall also be subject to these General Terms and Conditions of Sale and Use. You can review the most current version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions of Sale and Use 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.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 - TERMS OF USE OF OUR ONLINE STORE
By accepting these General Terms and Conditions of Sale and Use, you represent that you are of legal age in your country, state or province of residence and that you have given us your consent to allow any of your minor dependents to use this website. You shall
not use our products for any illegal or unauthorized purpose nor shall you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You shall not transmit any worms or viruses or any other code of a destructive nature.
Any breach or violation of these Terms of Service will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to deny access to the Services to any person at any time and for any reason.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always transferred over networks and encrypted.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express prior written permission.
The headings in this agreement are included for your convenience and will not limit or otherwise affect these Terms.
ARTICLE 3 - CLARITY, COMPLETENESS AND DURABILITY OF INFORMATION
We are not responsible if information on this site is not accurate, complete or current. The content on this site is provided for informational purposes only and should not be relied upon or used as your sole source of information for making decisions without consulting primary, more accurate, complete and timely sources of information. If you rely on the content on this site, you do so at your own risk.
This site may contain certain past information. Such past information, by its nature, is not current and is provided for informational purposes only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 - CHANGES TO SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content of the Service) without notice at any time.
We shall not be liable to you or to any third party for any price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available only online through our website.
We have made every effort to display as accurately as possible the colors and images of our products at our store.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service that we offer. All product descriptions and pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for services or products made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. Such restrictions may also apply to 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 you 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 retailers, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please see our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor, control nor have any influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement.
If you use optional tools offered through the site, you do so at your own risk and discretion and you should check the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features on our Site (including new tools and resources). These new features and services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Some content, products and services available via our Service may include elements from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant and assume any responsibility for any content, website, product, service, or other item accessible on or from such third-party sites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with such third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS
If, at our request, you send specific content (for example, to enter contests) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Feedback"), you grant us an unrestricted, perpetual right to edit, copy, publish, distribute, translate and otherwise use in any media any Feedback you send us. We are and shall be under no obligation to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for Comments provided; or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, abusive, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any intellectual property right or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain any unlawful, libelous, defamatory, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any associated website. You may not use a false e-mail address, pretend to be someone you are not, or mislead us and/or third-parties as to the origin of any comments. You are entirely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your provision of your personal information to our store is governed by our Privacy Policy. To view our Privacy Policy, click here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors or inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any associated website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any associated website, including without limitation, pricing information, except as required by law. Any specified update or refresh date on the Service or on any associated website should not be relied upon to conclude that information in the Service or on any associated website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to the prohibitions in the Terms of Sale and Use, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in any illegal acts; (c) to violate any regional regulation or any international, federal, provincial or state law, rule or regulation; (d) to infringe upon our intellectual property rights or those of any third party; (e) to harass, abuse, insult, harm, defame, denigrate, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or other types of malicious code that will or may be used in any way that will adversely affect the functionality or operation of the Service or of any related or unrelated website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information, browse, search, or scan the web (or any other source); (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We make no warranty or representation that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may discontinue the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability and merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall support@ elio-california.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, revenue, savings, data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products provided via the Service, or for any other claims related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of such claims. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless support@ elio-california.com, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
ARTICLE 15 - TORTS
In the event that any provision of these Terms and Conditions of Sale and Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by you or otherwise. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine in our sole discretion that you are unable, or we suspect that you have been unable, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination and/or we may deny you access to our Services (or any part thereof).
SECTION 17 - GENERAL AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service or any other policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these General Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 18 - APPLICABLE LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the applicable law.
ARTICLE 19 - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can review the most current version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these General Terms and Conditions of Sale and Use by posting updates and changes to our site. It is your responsibility to visit our site periodically to check for changes. Your continued use of or access to our site following the posting of changes to these Terms and Conditions constitutes acceptance of those changes.
ARTICLE 20 - CONTACT INFORMATION
Questions about the General Terms and Conditions of Sale and Use should be sent to us at support@ elio-california.com
By visiting this site and/ or purchasing any of our products, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”, “Terms and Conditions”, “Terms”), including any additional terms, conditions and policies referenced herein and/or hyperlinked. These Terms and Conditions apply to all users of this site, including but not limited to users who are browsers, vendors, customers, merchants, and/ or content contributors. Please
read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services offered on the website.
Any new features or tools that may be added to this store in the future shall also be subject to these General Terms and Conditions of Sale and Use. You can review the most current version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions of Sale and Use 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.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 - TERMS OF USE OF OUR ONLINE STORE
By accepting these General Terms and Conditions of Sale and Use, you represent that you are of legal age in your country, state or province of residence and that you have given us your consent to allow any of your minor dependents to use this website. You shall
not use our products for any illegal or unauthorized purpose nor shall you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You shall not transmit any worms or viruses or any other code of a destructive nature.
Any breach or violation of these Terms of Service will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to deny access to the Services to any person at any time and for any reason.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always transferred over networks and encrypted.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express prior written permission.
The headings in this agreement are included for your convenience and will not limit or otherwise affect these Terms.
ARTICLE 3 - CLARITY, COMPLETENESS AND DURABILITY OF INFORMATION
We are not responsible if information on this site is not accurate, complete or current. The content on this site is provided for informational purposes only and should not be relied upon or used as your sole source of information for making decisions without consulting primary, more accurate, complete and timely sources of information. If you rely on the content on this site, you do so at your own risk.
This site may contain certain past information. Such past information, by its nature, is not current and is provided for informational purposes only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 - CHANGES TO SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content of the Service) without notice at any time.
We shall not be liable to you or to any third party for any price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available only online through our website.
We have made every effort to display as accurately as possible the colors and images of our products at our store.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service that we offer. All product descriptions and pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for services or products made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. Such restrictions may also apply to 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 you 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 retailers, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please see our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor, control nor have any influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement.
If you use optional tools offered through the site, you do so at your own risk and discretion and you should check the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features on our Site (including new tools and resources). These new features and services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Some content, products and services available via our Service may include elements from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant and assume any responsibility for any content, website, product, service, or other item accessible on or from such third-party sites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with such third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS
If, at our request, you send specific content (for example, to enter contests) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Feedback"), you grant us an unrestricted, perpetual right to edit, copy, publish, distribute, translate and otherwise use in any media any Feedback you send us. We are and shall be under no obligation to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for Comments provided; or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, abusive, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any intellectual property right or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain any unlawful, libelous, defamatory, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any associated website. You may not use a false e-mail address, pretend to be someone you are not, or mislead us and/or third-parties as to the origin of any comments. You are entirely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your provision of your personal information to our store is governed by our Privacy Policy. To view our Privacy Policy, click here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors or inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any associated website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any associated website, including without limitation, pricing information, except as required by law. Any specified update or refresh date on the Service or on any associated website should not be relied upon to conclude that information in the Service or on any associated website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to the prohibitions in the Terms of Sale and Use, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in any illegal acts; (c) to violate any regional regulation or any international, federal, provincial or state law, rule or regulation; (d) to infringe upon our intellectual property rights or those of any third party; (e) to harass, abuse, insult, harm, defame, denigrate, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or other types of malicious code that will or may be used in any way that will adversely affect the functionality or operation of the Service or of any related or unrelated website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information, browse, search, or scan the web (or any other source); (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We make no warranty or representation that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may discontinue the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability and merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall support@ elio-california.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, revenue, savings, data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products provided via the Service, or for any other claims related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of such claims. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless support@ elio-california.com, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
ARTICLE 15 - TORTS
In the event that any provision of these Terms and Conditions of Sale and Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by you or otherwise. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine in our sole discretion that you are unable, or we suspect that you have been unable, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination and/or we may deny you access to our Services (or any part thereof).
SECTION 17 - GENERAL AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service or any other policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these General Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 18 - APPLICABLE LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the applicable law.
ARTICLE 19 - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can review the most current version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these General Terms and Conditions of Sale and Use by posting updates and changes to our site. It is your responsibility to visit our site periodically to check for changes. Your continued use of or access to our site following the posting of changes to these Terms and Conditions constitutes acceptance of those changes.
ARTICLE 20 - CONTACT INFORMATION
Questions about the General Terms and Conditions of Sale and Use should be sent to us at support@ elio-california.com
.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Elio California (hereinafter, "We," "Us," "Our") provides a mobile messaging program (the "Program"), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the "Agreement"). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify any other Terms and Conditions or Privacy Policy that may apply to the relationship between You and Us in other contexts. We may also modify this Agreement at any time, and your continued use of the Program after the effective date of any such modifications shall constitute your acceptance of such modifications.
The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based sign-up forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing goods or services. Regardless of the sign-up method you use to participate in the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program will provide updates, alerts, information, promotions, specials and other marketing offers (e.g., product discounts) from Elio California via text messages sent through your wireless carrier to the mobile number you provide. SMS/MMS mobile messages may be sent using an automated dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messages imposed by your wireless carrier. Message and data rates may apply.
If You do not wish to continue participating in the Program or no longer agree to this Agreement, You agree to reply STOP to any mobile message from Us to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods to opt out. You also understand and agree that any other method to opt out, including but not limited to texting words other than those listed above or verbally requesting one of our employees to remove you from our list, is not a reasonable means to opt out.
For questions, text "HELP" to the number from which you received the messages. You can also contact us for more information. If you wish to unsubscribe, please follow the procedures above.
We may change any telephone number we use to operate the Program at any time and will notify you of such changes. You acknowledge that messages, including STOP or HELP requests, sent to a telephone number changed by us may not be received and that we are not responsible for honoring requests in such messages.
The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and current information with us regarding your receipt of messages, including, but not limited to, promptly notifying us if you change your mobile number.
You agree to indemnify us from and against any third party claims, liabilities, damages or costs arising out of your use of the Program or your providing us with a telephone number that is not your own. If at any time you intend to discontinue use of the mobile telephone number used to subscribe to the Program, including canceling your service plan or selling or transferring the telephone number to another party, you agree that you will complete the Opt-Out process described above before terminating your use of the mobile telephone number. You understand and agree that your consent to do so is a mandatory part of these Terms. You further agree that if you change your telephone number without notifying us of such change, you agree to be responsible for all costs (including attorneys' fees) and liabilities incurred by Us, or any party assisting in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are subsequently assigned that mobile telephone number. This obligation and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
You agree that we are not liable for any failed, delayed or misdirected delivery of information transmitted through the Program, any errors in such information, and/or any action you may or may not take based on the information or the Service.
You may not use or access the Platform if you are under the age of thirteen (13). If you use the Platform and are between the ages of thirteen (13) and eighteen (18), you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13), are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of the legal age of majority in your jurisdiction. By using or engaging with the Platform, you acknowledge and agree that you are permitted by Applicable Law in your jurisdiction to use and/or engage with the Platform.
By consenting to
support@
elio-california.com SMS marketing at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to opt out of receiving text marketing messages and notifications, reply STOP to any mobile message you receive from us or use the unsubscribe link we provide you in any of our messages. You understand and agree that alternative methods to opt out, such as using alternative words or requests, are not considered a reasonable means to opt out. We do not charge a fee for the service, but you are responsible for any charges your wireless carrier may charge for sending text messages. Message and data rates may apply.
For any questions, you can text HELP to the number from which you received the messages. For more information, you can contact us at support@ elio-california.com
We have the right to change any telephone number or short code that we use to access the Service at any time. You will be notified on such occasions. You agree that messages you send to a telephone number or short code that we have changed, including STOP or HELP requests, may not be received and that we are not liable for honoring requests in such messages.
To the extent permitted by applicable law, you agree that we are not liable for failed, delayed or incorrect delivery of information transmitted through the Service, any errors in such information, and/or any action you take or do not take based on the information or the Service.
Your right to privacy is important to us. You may review our Privacy Policy to determine how we collect and use your personal information.
If you wish to opt out of receiving text marketing messages and notifications, reply STOP to any mobile message you receive from us or use the unsubscribe link we provide you in any of our messages. You understand and agree that alternative methods to opt out, such as using alternative words or requests, are not considered a reasonable means to opt out. We do not charge a fee for the service, but you are responsible for any charges your wireless carrier may charge for sending text messages. Message and data rates may apply.
For any questions, you can text HELP to the number from which you received the messages. For more information, you can contact us at support@ elio-california.com
We have the right to change any telephone number or short code that we use to access the Service at any time. You will be notified on such occasions. You agree that messages you send to a telephone number or short code that we have changed, including STOP or HELP requests, may not be received and that we are not liable for honoring requests in such messages.
To the extent permitted by applicable law, you agree that we are not liable for failed, delayed or incorrect delivery of information transmitted through the Service, any errors in such information, and/or any action you take or do not take based on the information or the Service.
Your right to privacy is important to us. You may review our Privacy Policy to determine how we collect and use your personal information.