Terms of Service
Terms of Service
Welcome to E.C. Knox. These Terms of Service ("Terms") govern your use, and purchase, of E.C. Knox parenting gear, our website, available at www.ecknox.com, the software embedded in E.C. Knox products, our mobile applications and other E.C. Knox services (collectively, the "Service"). The Service is made available by E.C. Knox LLC (the "Company," "E.C. Knox," "our", "us" or "we"). Please review the following Terms carefully. By accessing or using the Service you acknowledge that you have read, understood and agree to be bound by these Terms. These Terms affect your legal rights and obligations. You must accept these Terms to create an account and use the Service. If you do not agree to be bound by all of these Terms, you may not access or use the Service.
E.C. Knox LLC ("E.C Knox," "our", "us" or "we") designs and develops products and technology allow users to enjoy a seamless travel experience. The Service is owned or controlled by E.C. Knox.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND E.C. KNOX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Modification of Terms
We may amend these Terms at any time and will update these Terms in the event of any such amendments. Any changes to the Terms will be available on www.ecknox.com or via our mobile applications.
It is your sole responsibility to check the website or mobile applications from time to time to view any such changes in the Terms. If you continue to use the Service, you signify your agreement to our revisions to these Terms. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this reason, you should keep your contact and profile information current. You can manage and keep your email address up-to-date from your account settings.
Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid. E.C. Knox reserves the right, at its sole discretion, to modify, discontinue or terminate the Service at any time and without prior notice.
Rules of Conduct and Use
You need to be at least 13 years old and a resident of the United States to register for and use the Service. Use of the Service is for retail use only and not for commercial use or resale. You may only connect to the Service using a device that is manufactured and distributed by E.C. Knox or an authorized third party. If you are a user who signs up for the Service, will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account, including, without limitation, your failiure to maintain the confidentiality of your account information. You are solely responsible for your account and the activity that occurs while signed in to or while using your account. The Company is not responsible for your misuse of the Service.
Full use of the Service is also dependent upon your use of a supported mobile device and Internet access. The suitability of this equipment may affect the performance of the Service and it is your responsibility to maintain the functionality of the mobile device.
From time to time, we may need to contact you about your use of the Service. These communications are not marketing communications, are part of the Service, and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications from your account settings.
Your permission to use the Service is conditioned upon the following certain use and conduct restrictions. You agree that you will not under any circumstances:(1) use the Service to obtain or post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; (2) use the service for any unlawful purpose or for the promotion of illegal activities; (3) attempt to, or harass, abuse or harm another person or group using the Service; (4) use another user’s account without permission; (4) provide false or inaccurate information when registering an account; (5) interfere or attempt to interfere with the proper functioning of the Service; (6) make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; (7) bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or (8) publish or link to malicious content intended to damage or disrupt another user’s property.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
We shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or theses Terms or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law.
Links to Other Sites
As part of the Service, the Company may provide you with convenient links to third party website(s) and services ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Service and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the protection of copyright holders.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to the Company’s designated copyright agent at email@example.com
(1) The date of your notification;
(2) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(3) A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(4) A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
(5) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
(6) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(7) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
By posting any public information to the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such content and your name, voice, and/or likeness as contained in your content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms.
Restrictions on Notice
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
Consent to Receive Communications in Electronic Form
For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org. Opting out may prevent you from receiving messages regarding the Company or special offers.
THE SERVICE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
Limitation of Damages; Release
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
You will indemnify and hold harmless E.C. Knox and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Service; (ii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.
Except in relation to any claims asserted regarding your: (i) interfere or disruption of the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or (ii) your creation of accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper, which is strictly prohibit, you agree that all disputes between you and Raden (whether or not such dispute involves a third party), including without limitation disputes related to these Terms, your use of the Service, and/or rights of privacy, will be resolved by binding, individual arbitration under the American Arbitration Association’s (AAA) rules for arbitration of consumer-related disputes and you and Raden hereby expressly waive trial by jury.
As an alternative, you may assert claims, if they qualify, in small claims court in New York, New York, or any small claims court where you live or work, if permitted by that small claims court’s rules. You may assert a claim only on your own behalf. Neither you nor Raden will participate in a class action or class-wide arbitration for any claims covered by this agreement or the Terms hereof. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another individual to which Raden is a named party. This dispute resolution provision will be governed by the Federal Arbitration Act. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. The AAA rules will govern payment of all arbitration fees.
You can decline this agreement to arbitrate by contacting email@example.com within 30 days of first accepting these Terms. Your correspondence must include your full legal name and state that decline this arbitration agreement.
Time Limitation on Claims
You agree that any cause of action related to or arising out of your relationship with the E.C Knox or the service provided hereunder must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Governing Law & Venue
These Terms and your use of the Service are governed by and construed by and in accordance with the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions.
For any action at law or in equity relating to the arbitration provision of these Terms or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with E.C Knox exclusively in a state or federal court located in New York, New York, and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Furthermore, you and E.C. Knox both agree to waive our right to a trial by jury.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.