Last Revised: 03/11/2016
Encha reserves the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review these Terms whenever you purchase Encha Products or use our Website.
Product Sales, Fulfillment and Availability
Details of the Encha Products available for purchase are set out on the Website. All prices are displayed and charged in U.S. dollars and are valid and effective only on this Website. All applicable sales and other taxes are in addition to the sale price. All online transaction totals reflect the estimated tax amount; the actual tax amount will be calculated based on your shipping location and many vary from the estimated tax. Discounts and sales prices may not be applied to previous orders. We reserve the right to shorten the duration of any special order or sales promotion. All features, content, specifications, Encha Products and prices of Encha Products described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of the Encha Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Encha Products on this Website at a particular time does not imply or warrant that these Encha Products will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to announce the delay and notify once the product comes back in stock. By placing an order, you represent that the Encha Products ordered will be used only in a lawful manner.
Encha reserves the right to fulfill or refuse to fulfill the orders of Encha Products made by any customer, including but not limited to any order that Encha has cause to believe is for onward sale other than through distribution channels approved by Encha. In the event of refusal of fulfillment, Encha and its representatives will communicate to the customer the reason and issue a refund of the amount the customer paid for the given order.
If you operate as a reseller of the Encha Products, you will (a) follow any agreement reached between you and Encha regarding your reselling of Encha Products and Encha’s Wholesale Policy as it may be amended by Encha from time to time, (b) not sell Encha Products to any subdistributors or other resellers, (c) not sell outside the United States, (d) not sell on any Internet sites unless specifically approved in writing by Encha, and (e) not sell via any auction or barter websites (e.g. eBay). Your right as a reseller is non-exclusive so Encha may appoint other resellers at any time.
If you operate as a reseller of the Encha Products then at all times that you are purchasing Encha Products from Encha, you shall, at your sole cost and expense, maintain in force policies of insurance in amounts that are customarily carried by resellers of similar products and, in addition, any insurance policies specified by Encha, including, without limitation, commercial general liability, automobile liability, property damage, products liability, and worker’s compensation. You shall provide Encha with certificates of insurance, on the request of Encha.
You may only purchase Encha Products that are delivered to an address located in the United States. Encha makes no representation or guarantees that Encha Products available on the Website are appropriate or available for use in locations outside the United States, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Website from locations outside of the territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website.
Shipping and Return Policies
Encha uses third party shipping carriers, and retains the exclusive right to determine which shipping carriers may be available to ship your purchased Encha Products. Your order will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. Shipping charges may apply. Risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Signature may be required for deliveries. Encha does not guarantee any particular delivery date and is not responsible for any delays. By purchasing Encha Products for delivery, you accept and agree to these terms, as well as any further terms explained in the Shipping Policy.
Encha will only accept returned or exchanged products or services that comply with the process detailed in the Return Policy. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under applicable local law. In the event that the return or exchange is due to an incorrect order or faulty product, Encha will be responsible for the shipping costs associated with such return. In all other cases, you will be responsible for the return.
Payment for all Encha Products is due in advance of shipping and at the time of placing the order. For all charges for any Encha Products sold on the Website, Encha will bill your credit card or alternative payment method offered by Encha. You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse Encha for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services needed for use of this Website and any and all fees charged to you by your financial institution related to the charges. Encha may suspend or terminate your account, in addition to other rights and remedies, if fees are past due. You shall provide Encha with written notice of any disputed charges within 10 business days of the date of the charge. Notice of the dispute must provide in reasonable detail a statement of the basis for disputing the charge.
Product Subscription Program
Encha offers a monthly subscription program for customers to automatically receive their chosen Encha Products at the quantity ordered with corresponding charges automatically made on a monthly basis. A customer may cancel a monthly subscription by updating their subscription preferences by logging to their account on Encha.com or emailing email@example.com to request the cancellation of the subscription . If the request for cancellation comes via email, the Encha team will cancel the subscription within two business days, excluding holidays. If the subscription cancellation takes place after the shipping date of the order of a given month, the customer understands and agrees that the charge for that month’s order will not be reversed. The customer is responsible for that month’s payment. If the customer wishes to return the product, the customer must follow and abide by the Return Policy. Encha might modify or discontinue the Product Subscription Program at any time. In the event of changes, Encha will notify all the affected customers by email.
On occasion, Encha may issue promotion codes that may be redeemed at the time of check out. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. We reserve the right to cancel any promotion code and reduction redemption when the total value of the promotional code exceeds the price of the item. Multiple promotional codes may not be combined. We are not responsible for any financial loss arising out of our refusal, cancelation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
Copyright, Trademark, and Ownership
All of the content displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Encha, its licensors, agents or its Content providers. All elements of the Website, including, without limitation, the Website’s general design, Encha’s trademarks, service marks, trade names (including the Encha’s name, logos, the Website name, and the Website design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights and owned by Encha. The Website may only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated on the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or Encha’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Encha’s prior written consent.
Encha is a registered trademark of Encha Life, LLC. All other Encha trademarks, domain names, logos, and company names referred to on the Website are the property of Encha or its affiliates or licensors. In countries where any Encha trademarks, domain names, logos, or company names are not registered, Encha claims all rights associated with unregistered trademarks, domain names, logos, trade name, and company names. You may not use any trademark, domain name, logo, company name, or trade name of Encha without written permission from Encha. Encha prohibits the use of Encha trademarks as a “hot” link on or to any other Website unless Encha approves the establishment of such a link in writing in advance. The Website, its Content and all related rights shall remain the exclusive property of Encha or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
If you operate as a reseller of the Encha Products, then as between you and Encha, all trademarks, trade names, trade dress, endorsements, icons, designs and logos, as well as any other text or images that appear on packaging or collateral materials, and used in connection with the marketing, promotion and/or sale of Encha Products (collectively, the “Trademarks”) are and shall remain the sole and exclusive property of Encha. Encha grants to you the non-exclusive, non-transferable and non-sublicensable right to use the Trademarks solely in connection with its promotion, marketing, and sale of the Encha Products pursuant to these Terms, and only in a manner (a) consistent with the maintenance of the Trademarks and (b) that preserves and protects such Trademarks under applicable state and federal law. You shall promote, market, and sell the Encha Products using only the Trademarks. When using the Trademarks, you shall comply with all Encha’s reasonable requests regarding the appearance of the Trademarks on promotional or marketing materials, including but not limited to with respect to use of the ™ and ® designations.
We welcome you to submit content such as your reviews about Encha Products, your stories of consuming Encha Products, and/or your recipes using Encha Products to the Website (collectively referred to as “User Content”). User Content remains the intellectual property of the individual user. Unless you and Encha have expressly agreed otherwise in writing, by submitting content to our Website, you expressly grant Encha a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, modify, adapt, publish, translate, create derivative works from, distribute, and display such content and your name, voice, and likeness as contained in your User Content, in whole or in part, and in any form throughout the world in any media or technology, for the purposes of communication, marketing, merchandising, publicity and any other ancillary uses thereof. All User Content is deemed non-confidential and Encha shall be under no obligation to maintain the confidentiality of any information contained in any User Content. To send a request to have content that you have posted or submitted removed, contact us at Encha@encha.com.
User Content does not represent the views of Encha or any individual associated with Encha, and we do not control the User Content. In no event shall you represent or suggest, directly or indirectly, Encha’s endorsement of User Content. Encha does not vouch for the accuracy or credibility of any User Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on our Website.
Inappropriate User Submissions
Encha does not encourage and strongly discourages any User Content that results from any activity that: (i) may create a risk of mental or physical harm, loss, or illness to you, to any other person, or to any animal; (ii) may create a risk of any loss or damage to any person or property; or (iii) may constitute a crime or create civil liability. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, humiliate other people (publicly or otherwise), impersonate other people, post content that you do not own or otherwise have the legal rights to, assault or threaten other people, enter onto private property without permission, or otherwise engage in any activity that may result in bodily or property damages, or liability of any kind. Encha may reject or remove any submissions that Encha believes, in its sole discretion, include any inappropriate or prohibited material.
Unsolicited Submissions Policy
Encha is pleased to hear from its loyal users and welcomes your comments regarding Encha and Encha Products. Except where Encha specifically requests comments or submissions, Encha does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by Encha’s professional staff seem to others to be similar to their own creative work. Accordingly, Encha requests that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us any unsolicited suggestions, you agree not to assert any ownership right of any kind in against Encha (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant Encha a nonexclusive, perpetual, worldwide license to use the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release Encha (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including, without limitation, all claims for theft of ideas or copyright infringement.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. Encha has adopted a policy that provides for the removal of any content or the suspension of any user that is found to have repeatedly infringed on the copyright of a third party. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 USC Section 512). Your infringement notice should be sent to Encha@encha.com. A Directory of Service Provider Agents for Notification of Claims of Infringement is available via the United States Copyright Office. In your notice, please make you sure that you specifically identify the copyrighted work that you claim has been infringed by providing specific URL(s) and a precise description of where the copyrighted material is located on the page(s).
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent to a user's last known physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing. Please be advised that if you submit a counter-notification, that notice along with your identifying information included in the notice will be provided to the party that submitted the original claim of infringement.
Not Medical Advice
Encha’s mission is to offer high-quality organic matcha and related products. The statements of purported health benefits on the Websites and packages of Encha Products are based on our subjective understanding of the studies in the scientific literature or verbally told stories from people who consume Encha Products. The statements of health benefits on the Website or the packages of Encha Products have not been evaluated by the Food and Drug Administration. Consult your healthcare professional if you have a health condition, or are pregnant or nursing, prior to consuming Encha Products.
INFORMATION PROVIDED ON THE WEBSITE ABOUT TESTS, CONDITIONS, EFFECTS, TREATMENTS, OR ANY OTHER INFORMATION IS NOT MEDICAL ADVICE. THE WEBSITE DOES NOT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES OR PRESCRIBE MEDICATION.
USE OF THE WEBSITE IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTH CARE PROFESSIONALS IN DIAGNOSING AND TREATING PATIENTS. YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR OBTAINING MEDICAL ADVICE FROM A LICENSED HEALTH CARE PROFESSIONAL. FOR HEALTH CARE PROFESSIONALS, YOU ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR MEDICAL DECISIONS OR ACTIONS WITH RESPECT TO THE MEDICAL CARE, TREATMENT, AND WELL-BEING OF YOUR PATIENTS, INCLUDING, WITHOUT LIMITATION, ALL YOUR ACTS OR OMISSIONS IN TREATING THE APPLICABLE PATIENT. ANY USE OR RELIANCE BY YOU UPON THE WEBSITE SHALL NOT DIMINISH THAT RESPONSIBILITY. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE WEBSITE.
Accuracy of Information
We attempt to ensure that information we provide to you is complete, accurate and current. Despite our efforts, the information on this Website and/or on Encha Products packaging may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy or currency of all the information on this Website. Please always check the product listings on the Website product pages for the up-to-date prices and availability. We may make changes in information about price and availability at any time without prior notice.
Links to Other Websites
Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. From time to time, this Website may contain links to third-party websites that are not owned, operated or controlled by Encha or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
Account Registration and Security.
You understand that you may need to create an account to have access to parts of the Website. In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration process and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If Encha suspects that such information is untrue, inaccurate, not current or incomplete, Encha has the right to suspend or terminate your account and refuse any and all use of the Website. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. Please note that anyone able to provide your username and password will be able to access your account, so you should take reasonable steps to protect this information.
Encha is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Representations and Warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You affirm, represent and warrant the following:
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, AND PRODUCTS PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITE OR OTHERWISE PROVIDED OR SOLD TO YOU BY US ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND OUR ENCHA PRODUCTS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY INFORMATION OR PRODUCTS WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITE OR ANY INFORMATION OR PRODUCTS WE PROVIDE, OR ANY OTHER WARRANTY, THE INFORMATION, MATERIALS, AND PRODUCTS PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER ENCHA NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR PRODUCTS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
ALL PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ENCHA OR THROUGH ENCHA’S WEBSITE, AND PRODUCTS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY
ENCHA DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE, FOR ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM THE WEBSITE. IN NO EVENT WILL ENCHA, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR PRODUCTS CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT ENCHA SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE OR THE CONTENT. IN THE EVENT OF ANY PROBLEM WITH THE ENCHA PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO CEASE USING THE ENCHA PRODUCTS AND FOLLOW THE RETURN POLICY IF APPLICABLE. IN NO EVENT SHALL ENCHA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Encha, each of our subsidiaries and affiliates and the successors of each of the foregoing, and the officers, directors, agents, and employees of each of the foregoing, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Website or your placement or transmission of any message or information on this Website by you or your authorized users; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third-party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or material that you provide to Encha; (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code, or (vii) your use of the Encha Products.
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) or as otherwise provided herein or in another incorporated policy. You understand that any termination of your account, by you or us, may involve the permanent deletion of your data. You understand that Encha may permanently delete any data you submit through this Website at any time without notice. You understand and agree that Encha will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data
Any claim arising out of or relating to the use of this Website, Encha Products, and the materials contained herein is governed by the laws of the State of California, without regard to its choice of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in the county of Santa Clara, California. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any and all disputes directly or indirectly arising out of or related to the Terms, the Website or Encha Products will be resolved individually, without resort to any form of class actions. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to the Terms, the Website or Encha Products must be commenced within one (1) year after the claim or cause of action arises. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Encha Products.
We do not guarantee continuous, uninterrupted or secure access to our Website, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be assigned by Encha in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms are the entire agreement between you and Encha with respects to the subject matter hereof and supersede any prior understandings or agreements (written or oral). Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, general, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or termination of these Terms.
All rights not granted herein are expressly reserved to Encha Life LLC.
Please feel free to contact us with any comments or questions you might have regarding the information described in the Website.
Encha Life LLC
1-855-503-6242 (M-F biz days: 9am-5pm PST)