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Terms and Conditions

TERMS AND CONDITIONS

E3 Living, LLC and its affiliates provide their services to you subject to the following terms and conditions, which you should read carefully. Various features and services may have other terms and conditions to which you will be subject.

Your use of E3 Living website indicates your acceptance of and agreement to be bound by these terms and all subsequent revisions. We may revise these terms from time to time by updating this Conditions of Use Information page.

Nothing on the E3 Living website should be construed as offering legal, medical or other professional advice.

Registration

Generally you do not need to register to enjoy our website, though certain features and services such as shopping may involve registration.

When asked to provide information, you agree to provide true, accurate and complete information. You also agree to maintain and update such information to maintain its completeness and accuracy. We reserve the right to terminate your use of our services if we discover that any information you provided is not accurate and complete. We may change or discontinue any feature or service of this website, including, but not limited to, content, hours or availability and equipment needed to access or use e3living.com.

COPPA Compliance

Users who register with E3 Living website must be at least 13 years old. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), E3 Living will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.

Privacy

Please review our Privacy Policy, which also governs your use of E3 Living website, for information about our privacy practices. In addition, other policies posted on E3 Living website also govern your use of the site.

Limited License of Use

E3 Living grants you a limited license to access and make personal use of the E3 Living website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of E3 Living. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of E3 Living. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the E3 Living website and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing E3 Living name or trademarks without the express written consent of E3 Living. Any unauthorized use terminates the permission or license granted by E3 Living.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of E3 Living or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of E3 Living and protected by U.S. and international copyright laws. All software used on this site is the property of E3 Living or its software suppliers and protected by United States and international copyright laws. Except as provided for by law, you may not use any E3 Living’s copyrighted material without express written permission.

Copyright Agent

E3 Living respects the copyrights of others. If you believe that your work has been infringed by any material on the E3 Living website, please contact us at customersupport@e3living.com.

Trademarks

E3 Living is a trademark of E3 Living, LLC. Other marks and logos are trademarks of E3 Living, as indicated. Except as provided for by law, you may not use E3 Living’s trademarks or trade dress without express written permission. All rights reserved. All other trademarks appearing on E3 Living are the property of their respective owners.

Third Party Content

You may post reviews, comments, and other content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. E3 Living reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant E3 Living and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant E3 Living and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify E3 Living or its affiliates for all claims resulting from content you supply. E3 Living has the right but not the obligation to monitor and edit or remove any activity or content. E3 Living takes no responsibility and assumes no liability for any content posted by you or any third party.

As a distributor of content supplied by third parties and users, E3 Living has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of E3 Living. Neither E3 Living nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to “Disclaimer of Warranties” below for the complete provisions.)

In many instances, the content available through E3 Living represents the opinions and judgments of the respective information provider or user. It is always your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the E3 Living website, whether published by a third party or E3 Living. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Notices

You consent to receiving any necessary notices either as posted on E3 Living website, sent via electronic mail, or a combination thereof. You agree to and are responsible for checking the E3 Living website for notices. You will be considered to have received a notice when it is made available by posting on E3 Living website.

Links

E3 Living website contains links to other web sites or resources. You acknowledge and agree that E3 Living is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources.

Correspondence with Merchants, Advertisers and Other Third Parties

Your correspondence with merchants, advertisers, and other third parties found on E3 Living website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold E3 Living, its affiliates, and their respective officers, directors, employees, agents, attorneys, accountants, consultants, advisors and content providers from and against any claims, actions or demands, liable for any loss, damage, cost or expense of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on E3 Living website.

Disclaimer of Warranties

ALL OF THE INFORMATION, OPINIONS, AND DATA ON E3 LIVING WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, SECURITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

WE ALSO MAKE NO WARRANTY THAT THE E3 LIVING WEBSITE WILL MEET YOUR REQUIREMENTS NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE E3 LIVING WEBSITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM E3 LIVING OR THROUGH THE E3 LIVING WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT E3 LIVING IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER E3 LIVING NOR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, ACCOUNTANTS, CONSULTANTS, ADVISORS, AND PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE E3 LIVING WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER E3 LIVING, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

Indemnity

You agree to defend, indemnify, and hold harmless E3 Living, its affiliates, and their respective officers, directors, employees, agents, attorneys, accountants, consultants, advisors, and partners from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from use of the E3 Living website or content therein or violation of these Conditions of Use.

Limitation of Liability

OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE E3 LIVING WEBSITE, OR CONTENT THEREIN IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). NEITHER THE E3 LIVING,  ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, ATTORNEYS, ACCOUNTANTS, CONSULTANTS, AND ADVISORS AND ITS PUBLISHERS OR CONTENT PROVIDERS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE E3 LIVING WEBSITE OR CONTENT THEREOF SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE E3 LIVING WEBSITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you.

General Provisions

You are responsible for complying with applicable local laws, keeping in mind that access to the E3 Living website or its content may not be legal by certain persons or in certain countries.

If any part of these Conditions of Use are held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

These Conditions of Use are between you and E3 Living and may not be transferred, assigned or delegated to anyone without our express written permission.  Any attempt to assign, transfer or delegate these Conditions of Use without our express written permission shall be null and void.

By visiting the E3 Living website, you agree that the laws of the state of Virginia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and E3 Living or its affiliates. Venue and jurisdiction shall solely and exclusively be in Loudoun County, Virginia, and you consent to exclusive jurisdiction and venue in such courts.

Any dispute you may have with respect to E3 Living must be commenced within one year after it arises, or the cause of action is barred.



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