Terms of Sale

ETNOWE INC -- TERMS OF SALE

1. **THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. **

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS PLATFORM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS PLATFORM IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TEYEMATICS OR A THIRD PARTY SELLER, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS PLATFORM OR ANY OF THIS PLATFORM\'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these \"Terms\") apply to the purchase and sale of products and services by ETNOWE Inc (referred to as "ETNOWE Inc", \"us\", \"we\", or \"our\" as the context may require) on behalf of our registered retail partners or third-party sellers (\"Third Party Sellers\") through our application Etnowe and our website at www.etnowe.com (collectively, the "ETNOWE Platform" or \"Site\"). These Terms are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the \"Last Updated Date\" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the \"Last Updated Date\" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Terms of Service that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).

The ETNOWE Platform is a technology platform that enables users to find and purchase certain products and services provided by our Third-Party Sellers. These Terms govern the sale of any products or services on ETNOWE Platform.

1. [Order Acceptance and Cancellation]{.underline}. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us and we or a Third Party Seller will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

1. [Third Party Materials]{.underline}. The Site may display, include or make available content from Third Party Sellers (including products, services and/or materials, data, information, and applications) or other third-parties or provide links to websites of Third Party Sellers and other third-parties, including through third-party advertising (\"**Third Party Materials**\"). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties\' terms and conditions. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Site using Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to these Terms and are not responsible for performance by us or a Third Party Seller under these Terms. Your access to the Site using these devices is subject to terms set forth in the applicable third party beneficiary\'s terms of service.

1. [Prices and Payment Terms]{.underline}.

a. All prices, discounts, and promotions posted on this Site 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 strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. You will be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by you.

b. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

c. 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. We accept all major credit cards including PayPal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

d. You also understand that use of the Site may result in charges to you for the products or services sold by Third Party Sellers. After you place an order for a product or service, we will facilitate your payment of the applicable price on behalf of the Third Party Seller, as such Third Party Seller\'s limited payment collection agent. Payment of the purchase price in such manner shall be considered the same as payment made directly by you to the Third Party Sellers.

1. [Shipments; Delivery; Title and Risk of Loss]{.underline}.

a. You may (i) pick up the products at the Retail Partner Store location where you placed your order, or (2) request delivery. If you request delivery, we will deliver products to you through third-party delivery services, including Postmates and UberEATS or any other third party delivery platforms. You acknowledge and accept the terms of service of any such third-party delivery platforms we use from time to time.

b. We or the Third Party Seller 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. Shipping and handling charges are reimbursement for the costs we or a Third Party Seller incurs in the processing, handling, packing, shipping, and delivery of your order.

c. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

1. [Returns and Refunds]{.underline}. Except a mismatched item is delivered in place of your item of your choice, all products are designated on the Site as final sale and non-returnable, we will not accept a return of any products for a refund. In the case of a mismatched item a valid proof of purchase and a digital image of the delivered item must be provided, and such products should be returned in their original condition. We will issue a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 24 hours of delivery. To return products, open a support ticket in on the ETNOWE application or email our Support Department at etnowesupport\@etnowe.com to obtain a Return Merchandise Authorization (\"**RMA**\") number before returning the item to the store of purchase. No returns of any type will be accepted without an RMA number.

Refunds are processed within approximately 5-7 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 Site. WE OFFER NO REFUNDS ON ANY PRODUCTS ON THIS SITE.

For defective returns, please refer to the manufacturer\'s or Third Party Seller's warranty (see Section 7) included with the product or as detailed in the product\'s description on our Site.

Charges paid by you to Third Party Sellers are final and non-refundable, unless otherwise determined by us. You retain the right to request a refund from a Third Party Seller for products and services received by you from such Third Party Seller at the time you receive such products or services. We will respond accordingly to any request from a Third Party Seller for a refund for a particular product or service.

You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment.

1. [Manufacturer\'s Warranty and Disclaimers]{.underline}. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, manufacturer or Third-Party Seller. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer\'s or Third-Party Seller's warranty as detailed in the product\'s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer\'s or Third-Party Seller's warranty.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER\'S OR THIRD-PARTY SELLER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

1. [Limitation of Liability]{.underline}. **IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.**

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall only apply to the extent permitted by law.

1. [Goods Not for Resale or Export]{.underline}. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

1. [Privacy]{.underline}. We respect your privacy and are committed to protecting it. Our *Privacy Policy*, www.ETNOWE.com, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

1. [Force Majeure]{.underline}. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms 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, 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), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

1. [Governing Law and Jurisdiction]{.underline}. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.

1. [Dispute Resolution and Binding Arbitration]{.underline}.

a. YOU AND TEYEMATICS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

b. The arbitration will be administered by the American Arbitration Association (\"AAA\") in accordance with the Consumer Arbitration Rules (the \"AAA Rules\") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb\_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

1. [Assignment]{.underline}. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

1. [No Waivers]{.underline}. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ETNOWE Inc.

1. [No Third-Party Beneficiaries]{.underline}. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

1. [Notices]{.underline}.

a. [To You]{.underline}. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

b. [To Us]{.underline}. To give us notice under these Terms, you must contact us as follows: (i) by email at etnowesupport\@etnowe.com ; or (ii) by personal delivery, overnight courier or registered or certified mail to 8 The Grn Ste B, Dover, DE 19901. We may update the email or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

1. [Severability]{.underline}. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

1. [Entire Agreement]{.underline}. Our order confirmation, these Terms, our Terms of Service and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.