terms of service
Welcome to etoeprojector. The following terms and conditions (the "Terms") govern your use of the online websites (e.g., www.etoeprojector.com, hereinafter the "Site"), mobile applications, social media platforms, and offline websites (e.g., customer support channels, retail stores, and in-person promotional activities) operated by etoeprojector (collectively the "Platform").
By accessing, browsing, purchasing, or otherwise using any content, materials, products, or services available on or through the Platform, you certify that you have read, understood, and agree to be legally bound by these Terms and the Privacy Policy, all of which are incorporated by reference as if set forth in their entirety herein.
The Arbitration Agreement, located in Section 11 (Dispute Resolution) of the Terms of Use, contains provisions governing how claims between you and us will be resolved. The Arbitration Agreement requires, with limited exceptions, that any dispute between you and us be submitted to binding, final arbitration. Unless you opt out of the Arbitration Agreement: (1) you will only be permitted to bring claims and seek relief against us in an individual capacity, and not as a plaintiff or class member in any purported class, representative, or other proceeding; and (2) you are waiving your right to seek relief in a court of law and to a jury trial on your claims.
You further certify that you are at least 13 years of age and have all necessary right, power, and authority to agree to these Terms of Use and to perform your obligations thereunder. Please ensure that you read these Terms of Use (including the Privacy Policy) carefully. You understand and agree that your use of the Platform or any content, materials, products, or services provided on or available through the Platform (collectively, the "Services") signifies your full acceptance and agreement to these Terms of Use.
1. The Accounts Payable Platform allows you to browse, review, select, and purchase various products and services on the Site. By purchasing products or services offered through the Platform, you represent that you are of the age of majority and have the legal capacity to enter into contracts. If you are under the age of majority or are not legally able to enter into contracts, your parent or guardian must review these Terms of Use and Privacy Policy and register or place an order on your behalf.
You must obtain our prior written consent to purchase our products in commercial quantities. We may also impose limits on customer purchases. We may also restrict orders placed under the same customer account, under the same credit card, or using the same billing or shipping address. We reserve the right to limit, cancel, or prohibit orders that we believe are intended for resale or distribution of our products. We also reserve the right to terminate transactions with customers who violate this policy or any other part of these Terms. We prohibit the offering, use, transfer, or acceptance of our products and gift cards for promotional purposes (e.g., contest or lottery giveaways) or in connection with lotteries, sweepstakes, or gambling schemes, unless expressly permitted in advance in writing. We reserve the right to prohibit further use of the Services, refuse, limit, or cancel any related orders, and/or suspend or cancel any related accounts of any users suspected of violating this Section 2 (or any other provision of these Terms). The availability of products on the Platform does not guarantee that these products will be available for purchase at any time. For more information about special orders, please contact etoe@etoeprojector.com.
While we strive to display accurate pricing information, we may accidentally make typographical errors, inaccuracies, or omissions related to pricing or availability. We reserve the right to correct any such errors, inaccuracies, or omissions at any time, and to cancel any orders resulting from such errors, inaccuracies, or omissions. We may, at our sole discretion, offer promotional codes at certain times or to certain recipients. If such a promotional code is valid, you must enter the promotional code during the checkout process. Discounts and discount criteria do not include taxes and shipping and handling. Discounts cannot be combined with any other offers.
ETOE may use a third-party payment processor to process credit card transactions made through the Platform. Risk of loss and title for items purchased from ETOE pass to you upon our delivery to the carrier. All sales are subject to our shipping and return policies, which are provided on our Platform or with the purchased item or are provided to you. We reserve the right to monitor return activity for fraud and limit returns or exchanges in all cases. All refunds are at ETOE's sole discretion.
2. General Restrictions on Use You agree to use the Platform and Services only for purposes permitted by these Terms and in accordance with all applicable laws, regulations, and generally accepted practices or guidelines in any relevant jurisdiction. You will use the Platform, Products, and Services solely for your personal, non-commercial, non-exclusive, non-assignable, non-transferable, and limited use, and for no other purpose.
You can (and will not even try):
Through any of the following means, including accessing any service by means other than through the interfaces provided by the ETOE:
(i) access, tamper with, or use non-public areas of the Services, ETOE's computer systems, or the technical systems of ETOE's providers;
(ii) Attempting to probe, scan or test the vulnerability of any ETOE system or network or to breach any security or authentication measures; or
(iii) avoid, bypass, remove, disable, impair, descramble or otherwise circumvent any technological measures taken by ETOE or ETOE's providers or any other third party (including other customers) to protect the Services or Platform;
Gaining unauthorized access to the ETOE computer systems or engaging in any activity that interferes with the performance, functionality or security of the platform, services, or ETOE network and computer systems;
You will not access the Platform or any of the Services through any automated means, functions or devices (including the use of scripts or web crawlers);
Access or collect personally identifiable information for any purpose, including, but not limited to, commercial use;
You may not reproduce, mirror, duplicate, copy, sell, trade, or resell any aspect of the Platform, Services, or Products for any purpose.
Reproduce, duplicate, copy, sell, trade or resell any product or service bearing any trademark, service mark, trade name, logo or service mark owned by ETOE in a manner that may or may be misleading as to the owner or authorized user of such trademark, name or logo.
3. Content. As between you and ETOE, ETOE owns or licenses all information and materials, logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and all copyrights, trademarks, service marks, sales ornamentation, and other intellectual property rights associated therewith, contained in or available through the Platform ("Platform Content"), as well as the selection, coordination, arrangement, organization, and enhancement of the Platform Content. All Platform Content is protected under copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright or other proprietary rights notices on the Platform Content. As between you and ETOE, all names, trademarks, symbols, slogans, or logos displayed on the Platform, Products, or Site are the property of ETOE or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark laws. In no event shall you have any rights of any kind in or to the Platform Content other than the right to use the Platform Content in accordance with these Terms.
Certain features of the Platform may enable you to provide feedback and other information to the Platform for other Platform users to access, use, view, and comment on (collectively, "Comments"). By posting Comments, you represent that you have the full legal right to provide the Comments and that ETOE's use of the Comments on the Platform, and by all other persons or entities, will not (a) infringe any intellectual property right of any person or entity or any right of publicity, personality, or privacy of any person or entity; (b) violate any law, statute, ordinance, regulation, or contract; (c) constitute disclosure of any confidential information owned by any third party; or (d) contain any unlawful, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or any material that is damaging or objectionable to third parties, or other material that is objectionable to third parties, or that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In consideration of your submission of comments or other materials or information to ETOE, and any appropriate and valuable consideration you may receive for use of the Platform or otherwise, you grant ETOE a worldwide, perpetual, irrevocable, and transferable license to access, use, publish, adapt, translate, distribute, reproduce, display, modify, and create derivative works based upon, and sublicense, the comments, all without compensation to you. You also promise to indemnify ETOE for all claims resulting from content you provide. ETOE has the right, but not the obligation, to monitor, edit, or remove any activity or content. ETOE is not responsible or liable for any content shared by you or third parties through the Platform. For the avoidance of doubt, ETOE is under no obligation to: (1) maintain any comments in confidence; (2) provide you with any compensation for any comments; or (3) respond to any comments.
4. Errors, Inaccuracies, and Omissions. The Platform may contain typographical errors, inaccuracies, or omissions in product descriptions, pricing, promotions, offers, and availability information. If any information on the Platform is inaccurate, we reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services offered on or through the Platform. However, although we are under no obligation to do so, we may, in our sole discretion, review, verify, modify, or remove any Comments, Platform Content, or the Platform (including information submitted in connection with the Platform Content or other features), at any time, with or without notice.
5. Disclaimers and Warranties
ETOE reserves the right to change the assortments of items for sale and to limit the quantities of items available for purchase from time to time and at any time without prior notice. We also reserve the right to change the terms and duration of special discounts and sales promotions. ETOE is not liable for out-of-stock or unavailability of products. While we make reasonable efforts to display as accurately as possible the colors of our products that appear on the Platform, we cannot guarantee that the colors you see on your computer monitor or mobile device screen will be accurate.
To the fullest extent permitted by law, ETOE disclaims all express or implied warranties: (i) ETOE makes no warranty that the Platform, Services, Platform Content, products, merchandise, recommendations, information, or links provided on the Platform will meet your requirements; (ii) ETOE makes no warranty that the Services will be uninterrupted, timely, secure, or error-free; (iii) ETOE makes no warranty that defects in the operation or functionality of any software provided as part of the Services will be corrected; (iv) ETOE makes no warranty regarding the Platform Content, merchandise, services, recommendations, information, or links provided by third parties or users; (v) ETOE makes no warranty that the Platform, Platform Content, products, merchandise, services, recommendations, or information displayed on the Platform will meet your requirements; and (vi) ETOE makes no warranty that the Platform will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Platform will create any warranty not expressly stated in these Terms.
Please be aware that the technical processing and transmission of content and comments on the Platform may be unencrypted and travel through various networks, and may involve changes to conform and adapt to the technical requirements of connecting networks or devices. Furthermore, we do not guarantee that information transmitted to the Platform will be secure during transmission, nor do we guarantee the confidentiality of any communication or material (e.g., personal information such as your name or address) transmitted to us through the Platform or the Internet. ETOE assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to or alteration of communications; or (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of traffic congestion on the Internet or on the Platform, or any damage or injury to your or any third party's computer related to or resulting from your use of the Services or the Platform.
ETOE shall not be liable to Customer for any damages, delays, or failures in performing any obligations to any Customer resulting from causes beyond ETOE's control, including, but not limited to, fire, lightning, explosion, power overvoltage or failure, flood, acts of God, war or terrorism, natural disasters, labor disputes, legal levies or compliance, revolution, civil commotion, laws, regulations, or government policies, and shortages of supplies or services. ETOE may extend the delivery time for affected orders and will have no liability to Customer except for refunds of payments made by Customer to ETOE for undelivered portions of canceled orders.
Always consult your physician before beginning any exercise, training, or sports program. ETOE is not responsible for any medical or health problems that arise from participating in any activities described on this site or from any information obtained from this site. If you experience discomfort or pain, do not continue.
No conditions, warranties or other terms (including any implied terms of satisfactory quality, fitness for purpose or conformity with description) apply to the Platform, Platform Content, products and/or services other than those expressly set out in these Terms.
6. Limitation of Liability
ETOE SHALL NOT BE LIABLE FOR ANY DAMAGES OTHER THAN ACTUAL DIRECT DAMAGES PROVEN IN A COURT OF LAW. ETOE'S LIABILITY SHALL NOT EXCEED THE PRICE OF THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF ETOE AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
Without limiting the foregoing, you understand and acknowledge that ETOE shall not be liable to you for:
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCURRED BY YOU ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (INCURRED DIRECTLY OR INDIRECTLY), GOODWILL, BUSINESS REPUTATION, OR DATA; OR ANY LOSS OR DAMAGE THAT YOU MAY INCUR BY WAY OF: (i) YOUR RELIANCE ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING PERFORMED ON THE PLATFORM, PRODUCTS, OR SERVICES, OR ANY RELATIONSHIP OR DEALINGS WITH ADVERTISERS OR SPONSORS WHOSE ADVERTISING PERFORM ON THE PLATFORM, PRODUCTS, OR SERVICES; (ii) ARISING OUT OF ANY CHANGES MADE BY ETOE TO THE PLATFORM, PRODUCTS, OR SERVICES, OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICES (OR ANY FEATURES THEREIN); (iii) ARISING OUT OF THE DELETION OF, CORRUPTION OF, UNAUTHORIZED ACCESS TO, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS THAT YOU MAINTAIN OR TRANSMIT THROUGH YOUR USE OF THE PLATFORM OR SERVICES; (iv) ARISING OUT OF YOUR USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE PLATFORM; (v) ARISING OUT OF ANY OTHER MATTER RELATING TO THE PLATFORM, SERVICES, PLATFORM CONTENT, OR THE COMMENTS.
THE LIMITATIONS ON ETOE'S LIABILITY TO YOU IN SECTION 7 APPLY WHETHER OR NOT ETOE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSSES ARISING AND ARE IN EFFECT AND RETAIN FULL EFFECT ON THESE TERMS AND YOUR USE OF THE PLATFORM, PRODUCTS, AND SERVICES.
If you are dissatisfied with the Platform, the Services, or the Terms of Use, your sole and exclusive remedy is to discontinue use of the Platform and the Services.
7. Applicable law
These Terms of Service and any separate agreements we provide to you shall be governed by and construed in accordance with the laws of Japan.