Terms and Conditions

Terms and Conditions ("Terms")  

Our Terms and Conditions were last updated on May 17, 2023. 

Please read these terms and conditions carefully before using Our Service. 

Interpretation and Definitions  

Interpretation  

The words of which the initial letter is capitalized have meanings defined under the following  conditions. The following definitions shall have the same meaning regardless of whether they  appear in singular or in plural.  

Definitions  

For the purposes of these Terms and Conditions:  

  • Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing  authority.  
  • Account” means a unique account created for You to access our Service or parts of our Service.
  • Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to

.  

  • Country” refers to AC Chair LLC dba Ecto Lifestyle and Ecto Lifestyle.com
  • Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.  
  • Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Products” refer to the products or items offered for sale on the Service.
  • Orders” mean a request by You to purchase Products from Us.
  • Promotions” refer to contests, sweepstakes or other promotions offered through the Service.
  • Service” refers to the Website.
  • Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. 
  • Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made  available by the Service.  
  • Website” refers to Ectolifestyle.com, accessible from www.ectolifestyle.com AC Chair LLC dba Ectolifestyle and Ectolifestyle.com 

3765 Atlanta Industrial Dr Suite A, Atlanta, GA 30331 

Service.ectolifestyle.com 

AC Chair LLC USA 

  • You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.  

Acknowledgment  

These are the Terms and Conditions governing the use of this Service and the agreement that  operates between You and the Company. These Terms and Conditions set out the rights and  obligations of all users regarding the use of the Service.  

Your access to and use of the Service is conditioned on Your acceptance of and compliance  with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and  others who access or use the Service.  

By accessing or using the Service You agree to be bound by these Terms and Conditions. If  You disagree with any part of these Terms and Conditions then You may not access the  Service.  

You represent that you are over the age of 18. The Company does not permit those under 18 to  use the Service.  

Your access to and use of the Service is also conditioned on Your acceptance of and  compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies  and procedures on the collection, use and disclosure of Your personal information when You  use the Application or the Website and tells You about Your privacy rights and how the law  protects You. Please read Our Privacy Policy carefully before using Our Service.  

User Accounts  

When You create an account with Us, You must provide Us information that is accurate,  complete, and current at all times. Failure to do so constitutes a breach of the Terms, which  may result in immediate termination of Your account on Our Service.  

You are responsible for safeguarding the password that You use to access the Service and for  any activities or actions under Your password, whether Your password is with Our Service or a  Third-Party Social Media Service. 

You agree not to disclose Your password to any third party. You must notify Us immediately  upon becoming aware of any breach of security or unauthorized use of Your account.  

You may not use as a username the name of another person or entity or that is not lawfully  available for use, a name or trademark that is subject to any rights of another person or entity  other than You without appropriate authorization, or a name that is otherwise offensive, vulgar  or obscene.  

Placing Orders for Products  

By placing an Order for Products through the Service, You warrant that You are legally capable  of entering into binding contracts.  

Your Information  

If You wish to place an Order for Products available on the Service, You may be asked to  supply certain information relevant to Your Order including, without limitation, Your name, Your  email, Your phone number, Your credit card number, the expiration date of Your credit card,  Your billing address, and Your shipping information.  

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or  other payment method(s) in connection with any Order; and that (ii) the information You supply  to us is true, correct and complete.  

By submitting such information, You grant us the right to provide the information to payment  processing third parties for purposes of facilitating the completion of Your Order.  

Order Cancellation  

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but  not limited to:  

  • Products availability
  • Errors in the description or prices for Products
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal  transaction is suspected.  

Your Order Cancellation Rights  

Any Products you purchase can only be returned or refunded in accordance with these  Terms and Conditions.  

Availability, Errors and Inaccuracies  

We are constantly updating Our offerings of Products on the Service. The Products  available on Our Service may be mispriced, described inaccurately, or unavailable, and 

We may experience delays in updating information regarding our Products on the  Service and in Our advertising on other websites.  

We cannot and do not guarantee the accuracy or completeness of any information, including  prices, product images, specifications, availability, and services. We reserve the right to change  or update information and to correct errors, inaccuracies, or omissions at any time without prior  notice.  

Prices Policy  

The Company reserves the right to revise its prices at any time prior to accepting an Order.  

The prices quoted may be revised by the Company subsequent to accepting an Order in the  event of any occurrence affecting delivery caused by government action, variation in customs  duties, increased shipping charges, higher foreign exchange costs and any other matter beyond  the control of the Company. In that event, You will have the right to cancel Your Order.  

Payments  

Payment can be made through various payment methods we have available, such as Visa,  MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for  example).  

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any  delay or non-delivery of Your Order.  

Promotions  

Any Promotions made available through the Service may be governed by rules that are  separate from these Terms.  

If You participate in any Promotions, please review the applicable rules as well as our Privacy  policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.  

Intellectual Property  

The Service and its original content, features and functionality are and will remain the exclusive  property of the Company and its licensors.  

The Service is protected by copyright, trademark, and other laws of both the Country and  foreign countries.  

Our trademarks and trade dress may not be used in connection with any product or service  without the prior written consent of the Company. 

Your Feedback to Us  

You assign all rights, title and interest in any Feedback You provide the Company. If for any  reason such assignment is ineffective, You agree to grant the Company a non-exclusive,  perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub license, distribute, modify and exploit such Feedback without restriction.  

Links to Other Websites  

Our Service may contain links to third-party web sites or services that are not owned or  controlled by the Company.  

The Company has no control over, and assumes no responsibility for, the content, privacy  policies, or practices of any third party web sites or services. You further acknowledge and  agree that the Company shall not be responsible or liable, directly or indirectly, for any damage  or loss caused or alleged to be caused by or in connection with the use of or reliance on any  such content, goods or services available on or through any such web sites or services.  

We strongly advise You to read the terms and conditions and privacy policies of any third-party  web sites or services that You visit.  

Termination  

We may terminate or suspend Your Account immediately, without prior notice or liability, for any  reason whatsoever, including without limitation if You breach these Terms and Conditions.  

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate  Your Account, You may simply discontinue using the Service.  

Limitation of Liability  

Notwithstanding any damages that You might incur, the entire liability of the Company and any  of its suppliers under any provision of this Terms and Your exclusive remedy for all of the  foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if  You haven't purchased anything through the Service.  

To the maximum extent permitted by applicable law, in no event shall the Company or its  suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever  (including, but not limited to, damages for loss of profits, loss of data or other information, for  business interruption, for personal injury, loss of privacy arising out of or in any way related to  the use of or inability to use the Service, third-party software and/or third-party hardware used  with the Service, or otherwise in connection with any provision of this Terms), even if the  Company or any supplier has been advised of the possibility of such damages and even if the  remedy fails of its essential purpose.  

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental  or consequential damages, which means that some of the above limitations may not apply. In  these states, each party's liability will be limited to the greatest extent permitted by law. 

"AS IS" and "AS AVAILABLE" Disclaimer  

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects  without warranty of any kind. To the maximum extent permitted under applicable law, the  Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors  and service providers, expressly disclaims all warranties, whether express, implied, statutory or  otherwise, with respect to the Service, including all implied warranties of merchantability, fitness  for a particular purpose, title and non-infringement, and warranties that may arise out of course  of dealing, course of performance, usage or trade practice. Without limitation to the foregoing,  the Company provides no warranty or undertaking, and makes no representation of any kind  that the Service will meet Your requirements, achieve any intended results, be compatible or  work with any other software, applications, systems or services, operate without interruption,  meet any performance or reliability standards or be error free or that any errors or defects can  or will be corrected.  

Without limiting the foregoing, neither the Company nor any of the company's provider makes  any representation or warranty of any kind, express or implied: (i) as to the operation or  availability of the Service, or the information, content, and materials or products included  thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability,  or currency of any information or content provided through the Service; or (iv) that the Service,  its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses,  scripts, trojan horses, worms, malware, timebombs or other harmful components.  

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on  applicable statutory rights of a consumer, so some or all of the above exclusions and limitations  may not apply to You. But in such a case the exclusions and limitations set forth in this section  shall be applied to the greatest extent enforceable under applicable law.  

Governing Law  

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your  use of the Service. Your use of the Application may also be subject to other local, state,  national, or international laws.  

Disputes Resolution  

If You have any concern or dispute about the Service, You agree to first try to resolve the  dispute informally by contacting the Company.  

United States Legal Compliance  

You represent and warrant that (i) You are not located in a country that is subject to the United  States government embargo, or that has been designated by the United States government as  a "terrorist supporting" country, and (ii) You are not listed on any United States government list  of prohibited or restricted parties. 

Severability and Waiver  

Severability  

If any provision of these Terms is held to be unenforceable or invalid, such provision will be  changed and interpreted to accomplish the objectives of such provision to the greatest extent  possible under applicable law and the remaining provisions will continue in full force and effect.  

Waiver  

Except as provided herein, the failure to exercise a right or to require performance of an  obligation under this Terms shall not effect a party's ability to exercise such right or require such  performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any  subsequent breach.  

Changes to These Terms and Conditions  

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a  revision is material We will make reasonable efforts to provide at least 30 days' notice prior to  any new terms taking effect. What constitutes a material change will be determined at Our sole  discretion.  

By continuing to access or use Our Service after those revisions become effective, You agree to  be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please  stop using the website and the Service.  

Contact Us  

If you have any questions about these Terms and Conditions, You can contact us:  

  • By sending us an email: service.ectolifestyle.com
  • AC Chair LLC: 3765 Atlanta Industrial Dr Suite A, Atlanta GA 30331 USA

Appendix – Additional Terms and Conditions for certain  Products and Services 

A. VIP Access

  1. By ordering the VIP Access, you represent and warrant that you reside in the United States, and acknowledge that the Pre-order Program (as defined below) may not be available for ordering, pledging or shipment outside the United States. 
  2. In exchange of the fee paid (“Fee”), you will be given the VIP Access which entails:- (a) If and when a pre-order or crowdfunding campaign for AC Chair dba Ecto Lifestyle is launched (“Pre-order Program”), you will be given advance notice by email at the email address you provide to Nex at the time of ordering the VIP Access; and 

(b) In such email notification, you will be offered an opportunity to make an order or a pledge which  includes Ecto Cooling Chair and Ecto Cooling TOPR as a reward at a discounted fee of $207.99 for the  Ecto Chair (no battery), $232.99 Ecto Chair (with battery), $257.99 Ecto Chair (with battery and shade) and $139.99 for the Ecto Cooling TOPR (no battery), $164.99 Ecto Cooling TOPR (with battery) at the  Pre-order Program for a limited period (currently set to 24 hours which may be subject to change at AC  Chair LLC sole discretion). 

You acknowledge that you will be required to pay shipping fees of $25 per chair and $10 per TOPR and  taxes due before the Ecto Cooling Chairs or TOPR’s order will be delivered to your shipping address. For the avoidance of doubt, AC Chair dba Ecto Lifestyle is not responsible for (a) any delay or failure to  receive email notification and (b) your delay or failure to make an order or a pledge at the Pre-order  Program in the stipulated time frame or otherwise for any reason. 

  1. The launching of the Pre-order Program is not guaranteed. If AC Chair makes a decision not to launch the Pre-order Kickstarter/Indiegogo Program or the Pre-order Program is not launched by December 31, 2023, AC Chair shall notify you by email at the email address you provide to AC Chair at  the time of ordering the VIP Access and the Fee is fully refundable. In such circumstances, the full  refund of the Fee shall be the sole remedy offered to you.