Terms of service

Ekepe Terms Of Service, Use And Purchase

Welcome to EKEPE! This website is located at www.ekepeus.com (this "Site") EKEPE provides website features and other products and services to you when you visit, shop or purchase items from this Site, access this Site from your mobile devices, or use software provided by EKEPE in connection with any of the foregoing (collectively, “EKEPE Services”). EKEPE provides its products and services subject to these Terms of Service.

By using the EKEPE Services, you agree to these conditions. Please read them carefully. These Terms of Service include a mutual arbitration agreement, class action waiver, and limitations on liability.

By accessing or using this Site, mobile application or other EKEPE product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of EKEPE. You must be at least 18 years old to use this Site or Services. EKEPE may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the EKEPE Services or enrollment as an EKEPE Member shall be considered your acceptance of the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any of EKEPE's Services and immediately cancel your EKEPE Membership by calling us or visiting us online to cancel.

Electronic Communications

When you use any EKEPE's Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other EKEPE Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

EKEPE Membership

EKEPE provides a monthly membership program that provides you access to our latest products or coupon code for our subscribers. To get started, simply take our Lifestyle Quiz. Next, you must register and create a member account through this Site ("Account"). After you have successfully created an Account, you will have the option to select your favorite item(s) from the 'My Outfits' section of your Account ("Outfits"). There is no registration fee and no obligation to purchase. Our EKEPE style experts will continue to determine which athletic wear outfits best match your workouts and style. If you choose to create an Account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the EKEPE registration form. Registration data and certain other information about you are governed by our Privacy Policy.

SMS Messaging

When you provide your phone number and opt-in to EKEPE’ text message marketing program (the “Messaging Service”), you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g., cart reminders) from EKEPE, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Reply HELP for help and STOP to cancel. Message & Data rates may apply.

Message frequency will vary. EKEPE reserves the right to alter the frequency of messages sent at any time, to increase or decrease the total number of sent messages. EKEPE also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Risk of Loss/Title

The risk of loss and title for products purchased on the Site or through the EKEPE Services passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. EKEPE does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, EKEPE does not take title to the refunded item. Certain products may be shipped from Mexico, and for such goods, consumers consent to and authorize G-Broker, Inc., as the US customs broker and G-Broker, Inc., shall act as the consumer's agent to transact business with U.S. Customs and Border Protection agency to clear merchandise and account for applicable duties and taxes.

Sales & Use Taxes

EKEPE reserves the right to collect sales tax in any jurisdiction if it believes that such collection is required by law. EKEPE also reserves the right to collect fees associated with tariff taxes and surcharges.
For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where EKEPE does not collect sales tax. Details of how to report these taxes may be found on the websites of your respective taxing authorities. 

Retail Delivery Fee

Several states impose a non-refundable retail delivery fee on all deliveries by motor vehicle to a location within their respective state. Although the cost of the fee varies by state, it generally applies to any delivery with at least one item of tangible personal property subject to state sales or use tax. EKEPE is liable to collect and remit the fee on each order by state law. The fee applies to the entire order regardless of the number of items in an order and how many shipments are needed to deliver the items ordered. The retail delivery fee is not refundable on orders that are returned for a credit or refund including sales tax.

Payment Information

To make purchases through the EKEPE Services you must submit credit card information or another valid payment method that is acceptable to EKEPE. You represent and warrant to EKEPE that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize EKEPE to use any updated credit card information submitted by your credit card company directly to EKEPE and if there is no updated credit card information EKEPE may use additional payment methods you have provided as a default payment option. If you dispute any charges, you must inform EKEPE within thirty (30) days upon receipt of EKEPE’s invoice. We reserve the right to change EKEPE prices, fees or the number of Member Credits required to purchase items. Your continued use of the EKEPE Services after the price change becomes effective constitutes your agreement to pay the changed amount.

Account Confidentiality And Access

You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the EKEPE Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. EKEPE shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the EKEPE Services complies with these Terms of Service. You further acknowledge and accept that EKEPE shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Services, which is defined as a matching and current member sign-in and user password. You shall notify EKEPE immediately of any unauthorized access to your Account or any other unauthorized use of any EKEPE Services.

You agree that EKEPE may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following:

(a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which EKEPE believes is harmful to its business interests; or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in the EKEPE’s sole discretion and that EKEPE shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.

Prohibited Uses

Any EKEPE Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to EKEPE, and downloading product information for your personal review. You shall not use the Services to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons or otherwise undertake any endeavor aimed at deriving revenue. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. EKEPE specifically prohibits any use of the EKEPE Service, and requires all users to agree not to use the EKEPE Services, for any of the following:

• Posting any information which is incomplete, false, inaccurate or not your own;
• Creating multiple accounts for the same user;
• Accessing data not intended for you or logging on to an EKEPE server or account, which you are not authorized to access;
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
• Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
• Attempting to interfere in any way with this Site’s or network security, or attempting to use this Site to gain unauthorized access to any other computer system;
• Communicating, transmitting, or posting material that violates applicable laws or regulations;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• Attempting to interfere or interfering with the operation of this Site, EKEPE’s provision of services to any other visitors or users to this Site, EKEPE hosting provider or networks, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "mailbombing" or "crashing" this Site;
• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.

User Content

Any and all content, comments, feedback, advice, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any EKEPE Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to EKEPE and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. EKEPE will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. EKEPE shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. You are solely responsible for your use of any User Content you post, including the transmission, accuracy and completeness of the User Content. In addition, relying on any User Content by other users is at your own risk. To the extent permitted by applicable law, under no circumstances will EKEPE be responsible or liable for any loss or damage resulting from your reliance on information, advice or other User Content provided by any user of our Services. EKEPE retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.

By connecting to EKEPE with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy.

If you utilize your Facebook account to access and use the social features available through the EKEPE Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that EKEPE is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the EKEPE Services and its social features, you agree to respect other users of the EKEPE Services in your interactions with them. EKEPE reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.

By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold EKEPE and its employees, agents and affiliates harmless from any damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

Product Information

Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and EKEPE reserves the right to revoke any stated offer to correct any errors or inaccuracies. Although EKEPE has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and EKEPE cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. EKEPE is not responsible for typographical errors regarding price or any other matter.

Purchase Cancellations

All orders placed through any EKEPE Services are subject to EKEPE’s acceptance. This means that EKEPE may refuse to accept or cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card or payment method has already been charged for an order that was later canceled, EKEPE will issue you a refund.

Intellectual Property Rights

All content, graphics, text, code and software used on or incorporated into this Site and/or any EKEPE Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to EKEPE and all rights thereto are specifically reserved. As between you and EKEPE, (or any other company whose marks appear on any of the EKEPE Services), EKEPE (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the EKEPE Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The EKEPE logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Intellectual Property") are owned by EKEPE and may be registered in the United States and internationally. You agree not to display or use the EKEPE Intellectual Property in any manner without EKEPE’s prior written permission. Nothing contained on this Site or in any of the EKEPE Services should be construed to grant any license or right to use any EKEPE Intellectual Property without the prior written consent of EKEPE.

Except as otherwise provided herein, use of the EKEPE Services does not grant you a license to any materials, content or features you may access on this Site or via the EKEPE Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the EKEPE Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by EKEPE. If you make use of the EKEPE Services, other than as provided herein, in doing so you may violate copyright and other laws of the UK and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the EKEPE Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.

Disclaimer of Warranties; Limitation of Liability

EKEPE publishes information within the EKEPE Services as a convenience to its visitors. While EKEPE attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the EKEPE Services at any time without notice. The EKEPE products described in the EKEPE Services may not be available in your region. EKEPE does not claim that the information on this Site or the Apps is appropriate to your jurisdiction or that the products described in the EKEPE Services will be available for purchase in all jurisdictions.

Note:

Your use of the EKEPE services is at your sole risk. The EKEPE services and the products offered through the EKEPE services are provided on an "as is" and "as available" basis and without warranties of any kind, whether express or implied.

To the fullest extent permitted by applicable law, EKEPE disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

EKEPE makes no representations or warranties of any kind, express or implied, that the operation of this site or any of the EKEPE services will be uninterrupted or error-free, that any defects will be corrected, or that the site, apps or server that makes the site and apps available are free of viruses or other harmful components, or as to the information, content, materials, products or services included on or otherwise made available to you through this site, or any of the EKEPE terms of service, use and purchase.