Please read this Terms of Use Agreement (the "Terms of Use") carefully. These Terms of Use govern your use of those websites owned or controlled by Everyday Goods, Inc. (the "Company" or "we"), including the website located at: http://everydaygoods.com (each, a "Website" and collectively, the "Websites"), and the purchase of products that are offered by the Company via the Website.
BY CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, PLACING AN ORDER FOR THE PURCHASE OF ANY PRODUCT, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES.
PLEASE BE AWARE THAT SECTION 14 (DISPUTE RESOLUTION) OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND THE COMPANY, INCLUDING AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS ON AN INDIVIDUAL BASIS; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY THE COMPANY IN ITS SOLE DISCRETION AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF ANY SUCH CHANGES.
1. Website Technology, Cookies, and Third-Party Tools
1.1 Platform and Hosting
The Website is built and hosted on the Shopify e-commerce platform. As a result, certain standard platform technologies, service provider scripts, and third-party tools are incorporated into the operation of the Website. These tools are used for legitimate operational, security, performance, and analytical purposes inherent to the functioning of a modern e-commerce website.
1.2 Consent to Technology Use
By accepting these Terms of Use, you expressly consent to the Company's use of cookies, web beacons, pixel tags, analytics scripts, session identifiers, local storage technologies, and similar tools (collectively, "Tracking Technologies") deployed by the Company or its authorized service providers and platform vendors. Such Tracking Technologies may include, without limitation, tools provided by Shopify, Google Analytics, Klaviyo, SendGrid, and other platform-integrated or Company-authorized vendors. This consent applies regardless of whether you have registered for an account.
1.3 Reservation of Rights Regarding Third-Party Tools
The Company expressly reserves the right to use, add, remove, replace, or modify any third-party tools, scripts, pixels, service providers, or platform technologies at any time and without prior notice, provided that such tools are used in a manner consistent with the Company's Privacy Policy. The mere presence of a third-party script or technology on the Website does not constitute the unauthorized collection of your personal information, and no such claim shall lie against the Company solely on the basis that a third-party tool was present or active during your visit to the Website.
1.4 Anonymous Visitors Not Individually Tracked
Visitors who browse the Website without registering for an account or voluntarily submitting personal information through a sign-up, order, or contact form are not individually identified or tracked by the Company. Certain anonymous, non-personally-identifiable technical data — such as aggregate page views, general geographic region, browser type, and device type — may be automatically collected by the Shopify platform and standard analytics tools solely for website performance and security purposes. This data does not identify you as an individual and is not used for targeted advertising of unregistered visitors.
1.5 Platform-Level Data Collection
Certain technologies incorporated into the Shopify platform operate at the platform level and are governed by Shopify's own privacy and data practices, available at https://www.shopify.com/legal/privacy. The Company is not responsible for data collection practices that are inherent to the Shopify platform infrastructure and outside the Company's direct operational control. By using the Website, you acknowledge that your use of a Shopify-hosted storefront is also subject to Shopify's applicable terms and policies.
1.6 No Waiver of Consent
Accepting these Terms of Use constitutes your informed consent to the use of Tracking Technologies as described in this Section. If you do not consent to the use of Tracking Technologies, you must immediately cease using the Website. You may control cookie settings through your browser, but doing so may impair certain Website functionality.
2. Use of the Services
The Website and the services provided by the Company via the Website are protected by copyright laws throughout the world. Unless otherwise specified by the Company in a separate license, your right to use the Website is subject to these Terms.
2.1 Updates
You understand that the Website is evolving. As a result, the Company may require you to accept updates to the Website that you have installed on your computer or mobile device. You acknowledge and agree that the Company may update the Website with or without notifying you.
2.2 Certain Restrictions
The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website or any portion thereof; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Website content; (c) you shall not use any metatags or other "hidden text" using Company's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website except as expressly permitted by applicable law; (e) you shall not access the Website in order to build a similar or competitive website, application or service; (f) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Website.
2.3 Unauthorized Use
You agree that you will not, under any circumstances: (a) interfere with or damage the Website, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (b) modify or cause to be modified any files that are a part of the Website; (c) disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Website; (d) attempt to gain unauthorized access to the Website or to the computers, servers or networks connected to the Website; (e) access, tamper with or use non-public areas of the Website; (f) attempt to probe, scan, or test the vulnerability of any Company system or network; or (g) avoid, bypass, remove, deactivate, impair, or otherwise circumvent any technological measure implemented by the Company to protect the Website.
3. Prohibited Purposes — Anti-Abuse
3.1 Good Faith Use Required
The Website is made available solely for lawful consumer, business, and informational purposes. Any access to or use of the Website for the purpose of manufacturing, fabricating, constructing, or asserting legal claims against the Company — rather than for legitimate consumer, business supply, product review, or informational purposes — is strictly prohibited and constitutes a material breach of these Terms.
3.2 Prohibited Conduct
Without limiting the foregoing, the following conduct is expressly prohibited: (a) accessing the Website for the primary purpose of gathering, preserving, or creating evidence intended to serve as the basis for a legal claim against the Company; (b) submitting any demand, claim, notice, or legal proceeding against the Company based on fabricated, exaggerated, or bad-faith allegations of harm arising from your use of the Website; (c) engaging in any conduct designed to coerce the Company into making monetary payments through threats of litigation, arbitration, regulatory complaints, or public disclosure; and (d) participating in any coordinated or mass scheme to assert substantially similar claims against the Company or other e-commerce companies.
3.3 Company's Remedies for Abusive Claims
The Company actively monitors for and will vigorously oppose bad-faith, frivolous, and improperly motivated claims. In the event the Company determines, in its reasonable judgment, that a claim asserted against it is frivolous, brought for an improper purpose, or constitutes abuse of process, the Company reserves the right to: (a) seek an award of attorneys' fees, costs, and expenses against the claimant to the fullest extent permitted by applicable law and these Terms, including pursuant to the fee-shifting provisions of Section 14.8; (b) assert affirmative counterclaims for abuse of process, malicious prosecution, tortious interference, or any other applicable cause of action; (c) report the conduct to appropriate law enforcement and regulatory authorities; and (d) seek injunctive or other equitable relief to prevent ongoing or future abusive conduct.
3.4 Indemnification for Abusive Claims
Any person who asserts a claim against the Company that is determined to be frivolous, fabricated, brought in bad faith, or in violation of this Section 3 agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against all losses, damages, costs, and expenses (including reasonable attorneys' fees) incurred by the Company in connection with investigating, responding to, and defending against such claim.
4. Registration
4.1 Registering Your Account
In order to access certain features of the Website you may be required to become a Registered User. For purposes of the Terms, a "Registered User" is a user of the Website ("User") who has registered an account therein ("Account").
4.2 Registration Data
In registering for an Account, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Website's registration form, including, if applicable, your company's Form ST-4 Sales Tax Resale Certificate (the "Registration Data"); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (x) at least eighteen (18) years old; (y) of legal age to form a binding contract; and (z) not a person barred from using the Website under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (a) notify the Company immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Account at the end of each session.
4.3 Children’s Privacy
The Website is not intended for or directed to children under the age of 13, and children under 13 are prohibited from using the Website. The Company does not knowingly collect, use, or disclose personal information from children under 13 years of age. If the Company becomes aware that it has collected personal information from a child under 13 without verification of parental consent, it will take steps to delete that information as soon as reasonably possible.
5. Ownership
5.1 Website
You agree that the Company and its suppliers own all rights, title and interest in the Website. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website.
5.2 Your Account
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of the Company.
5.3 Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to the Company through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that the Company has no obligations with respect to such Feedback. You hereby grant to the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.
6. No Obligation to Pre-Screen Content
You acknowledge that the Company has no obligation to pre-screen information, data, content and other materials available on and through the Website by third parties ("Third Party Content"), although the Company reserves the right in its sole discretion to pre-screen, refuse or remove any Third Party Content. The Company shall have the right to remove any Third Party Content that violates the Terms or is otherwise objectionable.
7. Website Accessibility
The Company is committed to providing a Website that is accessible to all users, including individuals with disabilities. The Company undertakes ongoing efforts to enhance the accessibility and usability of the Website. If you experience any difficulty accessing any content or feature of the Website, we encourage you to contact the Company using the contact information provided in these Terms so that we can work with you to provide the information, item, or transaction through an alternative communication method.
8. Fees and Purchase Terms
8.1 Payment
You agree to pay all fees or charges to your Account and/or for any products you order via the Website, in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Company with a valid credit card or purchase order information as a condition to purchasing any products on the Website.
8.2 Taxes
Company’s prices for merchandise and products sold via the Websites, will include any applicable Sales Tax. The Company is required to collect Sale Tax unless provided with valid exemption documentation, and you are solely responsible for providing the Company with any such documentation. When you order products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as Company has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your products to get more information. Please also be aware that you are considered the importer of record and must comply with all laws and regulations of such count.
Sellers of products that appear on the Website may make certain items available for drop shipment, which will be identified in the ordering process. Sales Tax will not be collected by the Company on these orders, and it is your obligation to collect and remit Sales Tax from the end-customer for such orders. You agree to indemnify, defend and hold harmless the Company from and against any and all fines, penalties, liabilities, losses, costs and expenses associated with your failure to appropriately collect and remit such Sales Tax.
8.3 Order Acceptance; Returns
Your receipt of an order confirmation does not signify Company's acceptance of your order, nor does it constitute confirmation of our offer to sell. Company reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Company upon our delivery of the products that you have ordered.
8.4 Title and Risk of Loss
All sales of products are made F.O.B. Company's designated point of shipment under the Uniform Commercial Code, and title and risk of loss to each shipment of products shall pass to you when Company makes such shipment available to the carrier.
8.5 Geographic Scope; US Sales Only
The Website and the products offered for sale via the Website are intended solely for sale and shipment to addresses within the United States, including its territories where applicable. The Company does not offer products for sale or shipment to addresses outside the United States. Any order submitted with a shipping address outside the United States may be cancelled or declined by the Company in its sole discretion.
8.6 Product Descriptions; Availability
Descriptions, images, references, features, content, specifications, products, price and availability of any products and services are subject to change without notice. We make reasonable efforts to accurately display the attributes of our products. The inclusion of any products or services on any Website at a particular time does not imply or warrant that these products or services will be available at any time.
8.7 Billing Disputes
You must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be directed via email to support@everydaysupplyco.com OR in writing to Everyday Goods Inc, 111 S. Bedford St., Ste. 102, Burlington, MA 01803.
8.8 Return Policy
If you wish to return, or have a warranty issue with, any product you purchase from our Website, please consult our Return Policy found at the Website.
9. User Conduct
In connection with your use of the Website, you shall not: (a) make available any content that is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity or falsely state your affiliation with a person or entity; (d) make available any content that infringes the rights of any person or entity; (e) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (f) register for more than one Account or register on behalf of an individual other than yourself; (g) stalk or otherwise harass any other user; or (h) advocate, encourage or assist any third party in doing any of the foregoing.
10. Indemnification
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the "Company Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your use of, or inability to use, the Website; (b) your violation of the Terms; (c) your violation of any applicable laws, rules or regulations; or (d) any claim you assert against the Company that is determined to be frivolous, brought in bad faith, or otherwise in violation of Section 3 of these Terms.
11. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12. Limitation of Liability
12.1 Disclaimer of Certain Damages
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY.
12.2 Cap on Liability
UNDER NO CIRCUMSTANCES WILL COMPANY PARTIES BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO COMPANY BY YOU FOR THE APPLICABLE PRODUCT OR GOOD PURCHASED BY YOU FROM THIS WEBSITE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. FOR THE AVOIDANCE OF DOUBT, A USER WHO HAS NEVER REGISTERED FOR AN ACCOUNT OR MADE ANY PURCHASE FROM THE COMPANY SHALL HAVE A MAXIMUM RECOVERABLE AMOUNT OF ZERO DOLLARS ($0.00) FOR ANY CLAIM ARISING FROM THEIR MERE BROWSING OF THE WEBSITE. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (B) INJURY CAUSED BY FRAUD OR FRAUDULENT MISREPRESENTATION.
12.3 Basis of the Bargain
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Company and you. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you.
13. Term and Termination
13.1 Term
The Terms commence on the date when you accept them and remain in full force and effect while you use the Website, unless terminated earlier in accordance with the Terms.
13.2 Termination by Company
Company may terminate these Terms at any time with or without cause, including if you have materially breached any provision of the Terms or if Company is required to do so by law.
13.3 Termination by You
If you want to terminate these Terms, you may do so by notifying Company in writing and closing your Account and ceasing any further use of the Website.
13.4 Effect of Termination
Termination of these Terms includes deletion of your password and all related information associated with your Account. All provisions of the Terms which by their nature should survive shall survive termination, including without limitation ownership provisions, warranty disclaimers, and limitation of liability.
14. Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT IS PART OF YOUR CONTRACT WITH COMPANY AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
14.1 Applicability
Subject to the terms of this Arbitration Agreement, you and Company agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Website, any communications you receive, any products sold or distributed through the Website, or this Agreement (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (i) you and Company may assert claims in small claims court if such claims qualify; and (ii) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights.
14.2 Informal Dispute Resolution
Before either party commences arbitration, the parties must personally meet and confer telephonically or via videoconference in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ("Informal Dispute Resolution Conference"). The party initiating a Dispute must give written notice to the other party of its intent to initiate an Informal Dispute Resolution Conference ("Notice"). The Informal Dispute Resolution Conference shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon. Notice to Company should be sent by email to support@everydaysupplyco.com or by mail to 111 S. Bedford St, Ste. 201, Burlington, MA 01803. The Notice must include: (1) your name, telephone number, mailing address, and email address; (2) the name, telephone number, mailing address and email address of your counsel, if any; and (3) a description of your Dispute. Engaging in the Informal Dispute Resolution Conference is a mandatory condition precedent that must be fulfilled before commencing arbitration. Neither party may commence arbitration until whichever occurs later of: (i) the conclusion of the Informal Dispute Resolution Conference; or (ii) the expiration of the forty-five (45) day period described above, including any mutually agreed extension of that period. Any arbitration filing made prior to whichever of the foregoing occurs later shall be deemed premature and procedurally defective.
14.3 Waiver of Jury Trial
YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. ALL DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT, EXCEPT AS SPECIFIED IN SECTION 14.1.
14.4 Waiver of Class Relief
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
14.5 Rules and Forum
This Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement. If the Informal Dispute Resolution process described above does not resolve the Dispute satisfactorily within sixty (60) days after receipt of the Notice, either party shall have the right to finally resolve the Dispute through binding arbitration administered by the American Arbitration Association ("AAA"), in accordance with the AAA Consumer Arbitration Rules then in effect. The AAA Rules are available at https://www.adr.org. Arbitration with any forum other than the AAA is not authorized under these Terms, and any filing with an alternative arbitration forum shall be void and without effect unless the parties have expressly agreed in writing to use an alternative forum.
14.6 Arbitrator
The arbitrator will be either a retired judge or an attorney licensed to practice law in the Commonwealth of Massachusetts and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, the AAA will appoint the arbitrator.
14.7 Authority of Arbitrator
The arbitrator shall have exclusive authority to resolve any Dispute, including disputes arising out of or related to the interpretation or application of this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The award of the arbitrator is final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction.
14.8 Attorneys' Fees — Fee Shifting for Frivolous Claims
The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The Company reserves the right to seek fee-shifting awards against claimants who file frivolous, bad-faith, or improperly motivated claims, and may request such awards where grounds exist. If either party needs to invoke the authority of a court to compel arbitration, the party that obtains an order compelling arbitration shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees.
14.9 Batch Arbitration
In the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against Company by or with the assistance of the same law firm, group of law firms, or organizations within a thirty (30) day period, the AAA shall administer the arbitration demands in batches of 100 Requests per batch, with one arbitrator per batch and one set of filing and administrative fees per side per batch.
14.10 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to support@everydaysupplyco.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if any), and an unequivocal statement that you want to opt out of this Arbitration Agreement.
14.11 Severability
If any part of this Arbitration Agreement is found invalid or unenforceable, that specific part shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
15. General Provisions
15.1 Electronic Communications
The communications between you and the Company use electronic means. You consent to receive communications from the Company in electronic form, and agree that all terms, conditions, agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
15.2 Assignment
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the Company's prior written consent.
15.3 Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
15.4 Governing Law; Venue
The Terms and any action related thereto will be governed and interpreted by and under the laws of the Commonwealth of Massachusetts, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Each party irrevocably agrees that the courts of Middlesex County, Massachusetts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
15.5 Notice
You may give notice to the Company at the following address: 111 S. Bedford Street, Suite 102, Burlington MA 01803. Such notice shall be deemed given when received by the Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail.
15.6 Waiver
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
15.7 Severability
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
15.8 Entire Agreement
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.
15.9 Contact Information
If you have any questions, complaints or claims with respect to the Website, please contact us at: support@everydaysupplyco.com or 111 S. Bedford Street, Suite 102, Burlington, MA 01803.