Terms of Use

Last Modified: November 24, 2020

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Etekcity Corporation ("Etekcity," "Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the website located at Etekcity.com, including any content, functionality, and services offered on or through Etekcity.com (the "Website"), whether as a guest or a registered user. The Terms of Use also govern your purchases of Company products and services from the websites and mobile applications of third party marketplaces and purchases from Company made after you follow links in third party marketplace websites or mobile applications to pages on this Website. This Website and purchases of Etekcity products and services on are offered and available to users who are 18 years of age or older. By using this Website or making purchases on third party marketplace websites or mobile applications, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or purchase any products or services from Etekcity on third party websites or mobile applications.

2. DISPUTES WILL BE ARBITRATED; NO CLASS ACTIONS

YOU ACKNOWLEDGE THAT THESE TERMS OF USE, IN SECTION 19 BELOW,  CONTAIN AN AGREEMENT TO ARBITRATE DISPUTES BETWEEN YOU AND THE COMPANY.  EXCEPT FOR LIMITED EXCEPTIONS, THE AGREEMENT TO ARBITRATE WILL REQUIRE THAT YOU AND THE COMPANY SUBMIT DISPUTES BETWEEN US TO BINDING AND FINAL ARBITRATION.  YOU HAVE THE RIGHT TO OPT OUT OF THE AGREEMENT TO ARBITRATE.  UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE (a) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (b) YOU ARE WAIVING YOUR RIGHT TO PURSUE CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS.

3. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or purchases on third party marketplaces thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website or your purchasing a product or service from Etekcity on a third party marketplace following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

4. Accessing the Website and Account Security

The Website provides users with content about home and wellness products and services, including text, graphics, images, displays, sounds, and videos (collectively, "Content ").  We reserve the right to withdraw, amend, or update Content, social media features, and other features on this Website from time to time, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users for maintenance or other reasons.

5. Intellectual Property Rights

The Website and all of its Content, features, and functionality (including but not limited to the design, selection, and arrangement of any of the foregoing) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. The Company hereby grants you a limited, revocable, nonsublicensable, nontransferable license to:

• Access and display or perform the Website Content on your own computer or computing device.
• Print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• Where we provide social media features with certain content, take such actions as are enabled by such features.

Other than as set forth above, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Website.

You must not:

• Modify copies of any Content from the Website.
• Use any illustrations, photographs, graphical, video, or audio sequence Content separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content from this site.

You must not access or use for any commercial purposes any part of the Website or any services or Content available through the Website.

If you wish to make any use of Content on the Website other than that set out in this section, please address your request to: support@Etekcity.com.

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

6. Trademarks

The Company name, the word mark ETEKCITY, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

7. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose of copying or republishing any of the material on the Website.
• Use any manual process to monitor or copy any of the Content on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, script, data, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, ransomware, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

8. Reliance on Information Posted

The Content presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this Content. Any reliance you place on such Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Content by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

9. Marketplace Content

Text, graphics, images, displays, sounds, and videos on third party marketplace websites or mobile applications (collectively, "Marketplace Content ") is provided by those third parties. You acknowledge and agree that Company is not responsible for Marketplace Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Marketplace Content. You access and use Marketplace Content entirely at your own risk and subject to such third party marketplaces' terms and conditions.

10. Information About You and Your Visits to the Website

All information we collect on this Website or in connection with purchases of Company products or services on third party marketplace websites or mobile applications is subject to our Privacy Policy, Etekcity.com/privacy-policy. By using the Website or purchasing Company products or services using a third party marketplace, you consent to all actions taken by us with respect to your information consistent with the Privacy Policy.

11. Online Purchases and Other Terms and Conditions
12. Order Acceptance and Cancellation.

If you order a product through the Etekcity.com Website or through a third party marketplace, you agree that your order is an offer to buy, under this Agreement, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Etekcity and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at 1-888-726-8520.

1. Prices and Payment Terms.

All prices of Company products or services posted on the Website or on third party marketplaces are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us or any third party marketplace, and we reserve the right to cancel any orders arising from such errors.

1. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the payment card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment card for the purchase, (iii) charges incurred by you will be honored by your payment card issuer, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
2. Shipments; Delivery; Title and Risk of Loss.
3. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
4. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition. To return products, you must call at 1-888-726-8520 or email our Returns Department at support@Etekcity.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

Refunds are processed within approximately three business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Application. HOWEVER, WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

1. Product Warranty

COMPANY’S LIMITED WARRANTY FOR COMPANY PRODUCTS SOLD VIA THE WEBSITE OR THIRD PARTY MARKETPLACES IS DESCRIBED IN THE “PRODUCT WARRANTY STATEMENT” LOCATED ON COMPANY’S WEBSITE AT WARRANTY.ETEKCITY.COM/WARRANTY AND IN THE DOCUMENTATION COMPANY PROVIDES WITH THE COMPANY PRODUCTS YOU PURCHASE FROM COMPANY.

1. Sole and Exclusive Remedy for Products

THE PRODUCT WARRANTY STATEMENT CONSTITUTES ETEKCITY’S EXCLUSIVE LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY BREACH OF ANY WARRANTY OR OTHER NONCONFORMITY OF THE PRODUCT COVERED BY THE PRODUCT WARRANTY STATEMENT.  THE PRODUCT WARRANTY STATEMENT IS EXCLUSIVE, AND IN LIEU OF ALL OTHER WARRANTIES.  NO EMPLOYEE OF ETEKCITY OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WARRANTY IN ADDITION TO THE WARRANTY IN THE PRODUCT WARRANTY STATEMENT.

1. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all export laws. You represent and warrant that you are buying products or services from the Website or from a third party marketplace for your own personal use only, and not for resale or export.
2. Linking to the Website and Social Media Features

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

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

13. Links from the Website to Third Party Sites

The Website links to the websites and resources of our affiliates, including for purposes of allowing you to complete purchases of products. Use of our affiliates’ websites and any other third party websites linked from the Website is subject to the terms and conditions of use for such websites.

14. Geographic Restrictions

The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws, including but not limited to the local laws in your jurisdiction.

15. Disclaimer of Warranties
16. Disclaimer Regarding the Website

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, ETEKCITY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY CONTENT, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ETEKCITY NOR ANY PERSON ASSOCIATED WITH ETEKCITY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER ETEKCITY NOR ANYONE ASSOCIATED WITH ETEKCITY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, ETEKCITY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

1. Disclaimer Regarding Products Purchased from Etekcity

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, EXCEPT AS WARRANTED IN THE PRODUCT WARRANTY STATEMENT, ETEKCITY PROVIDES THE PRODUCTS YOU PURCHASE FROM COMPANY “AS IS” AND ETEKCITY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

1. Exception Regarding Both the Website and Products Purchased from Etekcity

SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THE DISCLAIMERS IN THIS SECTION 15 MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

16. Limitation on Liability
17. Limitations Regarding the Website

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL ETEKCITY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR:

(a)  DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES IN EXCESS OF $100,  OR

(b) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, EVEN IF ETEKCITY OR ONE OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES

AND REGARDLESS OF WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE.

1. Limitations Regarding Products Purchased from Etekcity

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL ETEKCITY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR:

(a) DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH PRODUCTS PURCHASED FROM ETEKCITY IN EXCESS OF THE PURCHASE PRICE PAID BY THE PURCHASER FOR SUCH PRODUCTS, OR

(b) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ETEKCITY OR ONE OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

AND REGARDLESS OF WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE.

EXCEPT AS COVERED BY THE PRODUCT WARRANTY STATEMENT, ETEKCITY SHALL NOT BE LIABLE FOR COSTS ASSOCIATED WITH THE REPLACEMENT OR REPAIR OF PRODUCTS PURCHASED FROM IT, INCLUDING, BUT NOT LIMITED TO, LABOR, INSTALLATION, OR OTHER COSTS INCURRED BY THE USER AND, IN PARTICULAR, ANY COSTS RELATING TO THE REMOVAL OR REPLACEMENT OF ANY PRODUCT.

1. Exception to Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

17. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against  any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your use of the Website's Content other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website’s Content.

18. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California  without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

19. Agreement to Arbitrate
20. THIS SECTION IS AN “AGREEMENT TO ARBITRATE.”  ANY DISPUTE, CLAIM, OR CONTROVERSY (collectively, “Claims”) WITH THE COMPANY ARISING OUT OF OR RELATING TO THESE TERMS OF USE, USE OF THE WEBSITE, ANY PURCHASE TRANSACTION, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THE TERMS OF USE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION, WHICH SHALL BE THE SOLE AND EXCLUSIVE FORUM FOR ADJUDICATING ANY SUCH CLAIMS.  Arbitration will be administered by JAMS, Inc. pursuant to its Streamlined Arbitration Rules and Procedures (the “Rules”) by a single arbitrator appointed in accordance with the Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  The place of arbitration shall be Santa Ana, California U.S.A.  The language of the arbitration shall be English
21. Nothing in these Terms of Use shall be construed to preclude a party from bringing an individual action in small claims court or from seeking injunctive relief, damages, or other relief based on an infringement of a party’s intellectual property rights.
22. To the maximum extent permitted by applicable law, each party agrees to waive the right to trial by jury, each party agrees that no arbitration or Claim under these Terms of Use shall be joined with any other arbitration or Claim, no class arbitration proceedings shall occur, and each party waives any rights to class arbitration.
23. You are entitled to opt out of the terms of this Agreement to Arbitrate in Section 19 or any amendments to it by sending written notice to support@Etekcity.com within thirty days after first using the Website or making a purchase of a Company product or service from a third party marketplace.  Opting out of an amended version of this Agreement to Arbitrate does not affect your Agreement to Arbitrate disputes under this Section 19 before the date we receive your opt out notice.  You must provide your name, email address, postal address, and any registered user name.  Opting out of the Agreement to Arbitrate in this Section 19 shall not affect any other section of these Terms of Use.
24. If any provision of this Agreement to Arbitrate is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
25. Venue

Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application permitted under Section 19 shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Santa Ana and Santa Ana County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21. Limitation on Time to File Claims

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

22. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

23. Text Marketing & Notifications

By consenting to Etekcity’s SMS marketing in the checkout and initializing a purchase or subscribing via 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 any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us here {add link} for more information. 

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy here to determine how we collect and use your personal information.

23. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Etekcity Corporation regarding your use of the Website or purchase of its products through third party marketplaces and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website or such purchases through third party marketplaces.  No amendment, modification, or waiver of any provision of these Terms of Use shall be effective unless the same is published under Section 3 or is in writing and signed by an authorized representative of each party.

24. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, hurricane, tsunami, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, or Internet or telecommunication breakdowns or power outages.

25. Your Comments and Concerns

This website is operated by Etekcity Corporation at 1202 N. Miller St. Suite A, Anaheim, CA 92806.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@Etekcity.com.