Terms of Service

 

Effective Date: July 17, 2023

 

Ella Harper, LLC. ("We" or "Ella Harper") operates the website located at www.ellaharper.com (the "Website"). These Terms and Conditions ("Terms" or "Agreement") govern your use of the Website and your purchase of any products from Ella Harper (the "Products").

 

Before proceeding, take note that the Website and Products are made available under the condition of your acceptance of these Terms. This Agreement forms a legally binding contract between you and Ella Harper, and it is essential to review its Content thoroughly. By consenting to these Terms, you also acknowledge and agree to be bound by the Ella Harper Privacy Policy, Online Return Policy, Store Returns Policy, and Shipping Policy, all of which are explicitly incorporated herein by reference.

 

It is crucial to understand that this Agreement includes an arbitration agreement and class action waiver that relinquishes your right to a court hearing, jury trial, or participating in a class action. Arbitration is mandatory and the exclusive means of resolving any disputes unless specified otherwise or if you choose to opt out. We encourage you to read this document in its entirety before accessing, using, or making any purchases through the Ella Harper Website.

 

User Obligations

 

When accessing, downloading, or using the Website, you affirm that you are at least eighteen (18) years old or have reached the legal age of majority, whichever is greater, and you hereby agree to these Terms. Additionally, you commit to adhering to all applicable local, state, and national laws and regulations concerning your use of the Website. You must provide accurate, current, and complete information (including updates) whenever you submit information to Ella Harper through the Website. Your use of the Website must comply with the terms in this Agreement, and you must refrain from employing the Website or its Content for any commercial, political, obscene, illegal, or inappropriate purposes. Ella Harper reserves the right, at its sole discretion, to terminate your access to the Website for any reason, with or without cause. If you decide to register for an account on the Website, you may be required to choose an email address and password, and Ella Harper might set additional conditions from time to time. You bear full responsibility for your use of the Website, including all activities carried out using your password and related account access. If you suspect or become aware of any loss, theft, or unauthorized use of your password, you must promptly inform Ella Harper.

 

 

Purchases through the Website

 

All purchases made via the Website are subject to our acceptance. This means that we reserve the right to refuse or cancel any transaction at our sole discretion and without liability. The Website is not intended for orders from dealers, wholesalers, or any customers aiming to resell the items offered on the Website. To proceed with ordering Products through the Website, you must provide true, accurate, current, and complete information. Ella Harper reserves the right to discontinue or modify the specifications and prices of Products offered on and outside the Site without prior notice and without incurring any obligation. Prices and availability are subject to change without prior notice, and Ella Harper retains the right to revoke any offer and correct errors, inaccuracies, or omissions.

 

Satisfaction with Your Purchases

 

Ella Harper prioritizes your satisfaction with purchases made from the Website. If you wish to return a product, please refer to our Online Return Policy and Store Returns Policy, which are incorporated herein by reference.

 

Website Ownership and Content

 

The Content available on the Website, including but not limited to text, images, designs, photographs, videos, audio clips, graphics, button icons, advertising copy, URLs, technology, software, and the overall arrangement or "look and feel," along with trademarks, logos, and service marks, are the property of Ella Harper, its licensors, licensees, or other third parties. The Website and the Content are owned, licensed, or controlled by Ella Harper, its licensors, and select other third parties. All rights, title, and interest in and to the Content and the Website are protected by United States and international copyright, trademark, trade dress, patent, or other intellectual property rights and laws to the fullest extent possible. Your use of the Website does not grant you any ownership or intellectual property rights in any item or Content on the Website. Subject to your Agreement and compliance with this Agreement, Ella Harper grants you a limited, non-exclusive, non-transferable, non-assignable, and revocable license to access, display, view, and use the Content on the Website strictly for your personal, non-commercial use. Ella Harper reserves the right, without prior notice, to suspend or terminate the availability of the Website, its Content, or the Products, without any liability to you or any third party.

 

User-Generated Content

 

By submitting or posting any materials or Content on the Site ("User-Generated Content"), you grant Ella Harper a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable, and transferable license to copy, publish, translate, modify, reformat, create derivative works, distribute, reproduce, and sublicense such materials or any parts thereof. You represent, warrant, and agree that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant Ella Harper the specified license. Ella Harper shall be entitled to use any User-Generated Content without any obligation of confidentiality, attribution, or compensation to you.

 

Limitation of Liability; Disclaimer of Warranties

 

Except where otherwise inapplicable or prohibited by law, the Website, its Content, Products, and any other information accessible through the Website are provided on an "as is" and "as available" basis, without any warranties, either express or implied. This includes but is not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security, or accuracy. Ella Harper does not warrant that the information on the Website is correct, accurate, or reliable, that the Website functions will be uninterrupted or error-free, or that any defects will be corrected, or that the Website or its server is free of viruses or other harmful components. In no event shall Ella Harper, its officers, directors, shareholders, employees, independent contractors, or agents be liable for any indirect, special, incidental, exemplary, consequential, or punitive damages, under any cause of action, including but not limited to contract, tort, strict liability, warranty, or otherwise, arising from or related to this Agreement, the Privacy Policy, the Return Policy, the Shipping Policy, the Products, or your use of the Website or any Products. This limitation of liability and disclaimer of warranties does not apply in New Jersey.

 

Dispute Resolution by Binding Arbitration and Class Action Waiver

 

Any Disputes related in any way to your use of the Website, the Products, or any purchase or matter covered by this Agreement shall be submitted to confidential arbitration in Minneapolis, Minnesota, USA, governed exclusively by the laws of the State of Minnesota, excluding its conflict of law provisions. Before formal arbitration, you and Ella Harper may attempt to resolve the Dispute informally. If informal resolution is unsuccessful, any and all Disputes, excluding those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") at a convenient location for you or telephonically. The arbitration process will be initiated by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures and Supplementary Procedures for Consumer-Related Disputes, in effect at the time of the demand for arbitration. The existence, Content, or results of any arbitration shall remain confidential, except as required by law or with the written consent of both parties. Ella Harper will cover all filing costs. However, the following matters are not subject to arbitration and may only be adjudicated in the state and federal courts of Minnesota: (i) disputes concerning the validity of Ella Harper's intellectual property and proprietary rights, including patents, trademarks, service marks, copyrights, or trade secrets; (ii) actions for temporary, preliminary, or permanent injunctive relief; (iii) legal actions by Ella Harper against a non-consumer; or (iv) interactions with governmental and regulatory authorities. By agreeing to this Agreement, you explicitly refrain from bringing or participating in any claims on a representative or class-wide basis, including class actions or class-wide arbitration.

 

The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined with an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceeding, or otherwise.

 

YOU UNDERSTAND THAT YOU HAD THE RIGHT TO LITIGATE IN COURT, HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU NOW AGREE TO SETTLE ANY CLAIMS INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You have thirty (30) days from the product purchase date or information submission to the Website to opt out of this arbitration agreement. You must contact us in writing at legal@ellaharper.com (email) to opt out of arbitration. If more than thirty (30) days have passed since the product purchase or information submission, you are not eligible to opt out of arbitration concerning claims related to that product or Website interaction.

 

 

Links to Third-Party Websites

 

The Ella Harper Website may contain links to third-party websites, including those from advertisers, sponsors, content partners, and other third parties. Please note that the inclusion of any link on the Ella Harper Website does not imply our endorsement of the linked website. Ella Harper explicitly disclaims any responsibility for the Content, materials, accuracy of information, or quality of products or services provided by, available through, or advertised on these third-party websites.

 

Privacy

 

Certain portions of the Ella Harper Website, including account registration, may require the submission, use, and dissemination of personally identifiable information. By providing your mobile phone number to the Ella Harper Website, you provide Ella Harper with your electronic signature and expressly consent to be contacted by telephone (including through automated dialing systems, prerecorded messages, SMS, and MMS) at the provided number, even if the number is on a corporate, state, or national Do Not Call list. Your consent is not necessary for making a purchase. For a summary of Ella Harper's information collection and use practices, please refer to Ella Harper's Privacy Policy, which is incorporated herein by reference.

 

Electronic Signatures and Agreements

 

By clicking on the button labeled "SUBMIT," "DOWNLOAD," "PLACE MY ORDER," "I ACCEPT," ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or other similar links designated by Ella Harper to accept these terms and conditions, you provide a legally binding electronic signature and enter into a legally binding contract. Your electronic submissions indicate your Agreement and intent to be bound by this Agreement. In accordance with applicable statutes, regulations, rules, ordinances, or other laws, including the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act"), YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY ELLA HARPER. Additionally, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that demand an original signature, non-electronic records' delivery or retention, or payments or granting of credits by non-electronic means.

 

Sales Tax

 

Ella Harper honors each state's sales and use tax guidelines, determined based on the destination address of your shipment. As you proceed through checkout and confirm your shipping details, any applicable taxes will be calculated based on your total merchandise value. The order total at checkout reflects the estimated tax. The actual charge to your payment method will include all applicable state, local, and county taxes and will be calculated once your order is shipped.

 

California Proposition 65

 

In compliance with Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, we provide this warning to California citizens regarding exposures to certain chemicals. WARNING: Products sold on the Ella Harper site may contain chemicals known to the State of California to cause cancer, congenital disabilities, or other reproductive harm.

 

Miscellaneous

 

This Agreement constitutes the complete Agreement between you and Ella Harper, superseding any prior versions, and governs your relationship with Ella Harper. If the arbitrator finds any provision of this Agreement or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall remain unaffected and continue in full force and effect. In such a case, the invalid provision may be modified or severed from this Agreement to the extent necessary to make it enforceable and consistent with the rest of this Agreement.