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Eastover Collection LLC

Terms and Conditions

Last Modified: July 15, 2025

These Terms and Conditions are entered into by and between you and Eastover Collection LLC (the “Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”) govern your access to and use of our website https://www.eastovercollection.com, including any content, functionality and properties, products and services offered on or through https://www.eastovercollection.com (the “Site”). 

Please read the Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms when this option is made available to you, you unconditionally accept and agree to be bound and abide by these Terms and our online Privacy Policy, found at [link to privacy policy], incorporated herein by reference. The Privacy Policy is subject to the terms and conditions of these Terms and in the event of conflict between these Terms and the Privacy Policy, these Terms shall govern and prevail. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

Changes to the Terms 

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Company Content (as defined below) thereafter. However, any changes to the dispute resolution provisions set out in the sections labeled “Governing Law” and “Jurisdiction” will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site. Your continued use of any portion of the Company Content following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

Damage to Property

We offer products (the “Products”) by, through, or in connection with the Site.  You acknowledge that electronic communications, databases, and websites (including the Site) are subject to errors, malfunctions, tampering, and security breaches which could damage your systems or operations.  Without limiting the generality of the foregoing, we are not responsible or liable in any manner whatsoever for any damage to the computer equipment, hardware, or any other property of you or any third party that may occur in connection with your participation in the Products or otherwise. You are solely responsible for having appropriate safeguards such as virus-detection software in place to protect your information technology assets.


Intellectual Property Rights

The Site, and their entire contents, aspects, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), know-how, other proprietary information, and all documents and other materials provided in connection with the Site (the “Company Content”) is owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree that this Site and our content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

This Site may include various product names, business names, logos, slogans and other marks in which we have a registered trademark interest or other protectable interest (collectively the “Company’s Property”). You acknowledge that the trademarks used and displayed on the Site are and shall remain the sole property of the Company or the trademark owner.  Nothing in these Terms shall confer any right of ownership of any of the trademarks in you. You may not copy, download, display, distribute, modify or sublicense any of the Company’s Property on the Site without our prior express written permission.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any portion of the Company Content in breach of the Terms, your right to use the Company Content will stop immediately and you must, at our option, return or destroy any copies of the Company Content you have made. No right, title, or interest in or to the Company Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Company Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Indemnification

You agree to defend, protect, indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:

  • your use of the Site or related services;

  • a breach of these Terms;

  • any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the Site, and/or your making available thereof to other users of the Site;

  • any activity related to your use of the Site, be it by you or by any other person.

 

Prohibited Uses of the Site

You may use the Company Content only for lawful purposes and in accordance with these Terms. You agree not to use the Company Content:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 

  • For the purpose of discrimination against any individual or class of individuals protected under federal, state or local laws, or which may have a discriminatory impact against an individual or class of individuals, or which otherwise promotes illegal, racist or discriminatory activities or outcomes. 

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. 

  • To impersonate or attempt to impersonate the Company, a Company employee or contractor, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Company Content, or which, as determined by us, may harm the Company or users of the Site or expose them to liability. 

  • For resale or other similar purposes.

  • To develop competitive products or services. 


Additionally, you agree not to:

  • Use the Company Content in any manner that could disable, overburden, damage, or impair the Company Content or interfere with any other party’s use of the Company Content, including any ability to engage in real time activities through the Company Content.

  • Use any robot, spider, or other automatic device, process, or means to access the Company Content for any purpose, including monitoring or copying any of the Company Content. 

  • Use any manual process to monitor or copy any of the Company Content, or for any other purpose not expressly authorized in these Terms, without our prior written consent. 

  • Use any device, software, or routine that interferes with the proper working of the Company Content. 

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any portion of the Company Content, the server on which the Company Content is stored, or any server, computer, or database connected to the Company Content.

  • Attack the Company Content via a denial-of-service attack or a distributed denial-of-service attack. 

  • Otherwise attempt to interfere with the proper working of the Company Content.


Third Party Websites

Links to third party websites on the Site are provided solely as a convenience to you.  If you use these links, you will leave the Site.  The Company has not reviewed all of these third-party websites and does not control and is not responsible for any of these websites, their content or their policies, including, without limitation, privacy policies or lack thereof.  

The Company does not endorse or make any representations about third party websites or any information, software or other products or materials found there, or any results that may be obtained from using them.  If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk.  You 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, any third-party websites.

 

Online Purchases and Sales

All purchases and sales through or made in connection with our Site, or resulting from visits to the Site made by you, may be processed by a third-party payment processor or service and are subject to the provisions in the section labeled “Disclaimer of Warranties”.  We reserve the right, in our sole and absolute discretion, at any time and from time to time, to modify: (a) the amount of any of our products and services, (b) when any such amount is due, (c) the method by which any such amount is payable, (d) the third party payment processor or service, or (e) any other matter related to any and all such transactions.


Links from the Site

If the Site contains links to sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


90-Day Limited Product Warranty

The Company’s products are warrantied in accordance with terms and conditions set out below, to be free from defects in material and workmanship that (i) occur as a direct result of the manufacturing process, (ii) occur during the warranty period, and (iii) result in blistering, peeling, flaking, cracking, spitting, cupping, rotting, or structural defects.

It is a condition of this warranty that should your Company products show defects at any point, you will notify the Company in writing within ten (10) days after discovering the claimed defect and prior to beginning any repair or alteration to the product. The notice must include a detailed description of the claimed defect, photograph(s) of the defect, and proof of purchase. It is a further condition of this warranty that the Company will, within a reasonable period of its receipt of such notice, be permitted to inspect the claimed defect. If, after inspection, we determine that the claim is in accordance with the terms of this warranty, we will repair or replace the defective material, or will refund the original purchase price of the defective material. The choice of remedy is in the Company’s sole discretion. The Company will not be liable for labor and/or removal costs connected with the claim. Replacement product will be provided as close to the original as possible, although it is not guaranteed to match completely. In the event of repair or replacement, the original warranty shall apply to the repaired or replaced portion of the product, and will extend for the balance of the warranty period in effect at the time the material proved defective.

This warranty is void if any of the following occurs:

  • Improper installation and/or failure to abide by the installation guidelines;

  • Movement, settling, distortion, or collapse of the ground or supporting structure on which products are installed;

  • Any chemicals or spray used on a nearby structure or landscape which could have settled on the product; 

  • Naturally occurring casualties including impact of objects, earthquakes, tornadoes, hurricanes, lightning, flooding, or acts of God;

  • Improper handling or storage, neglect or misuse of the products either by the Buyer or third parties;

  • Any objects falling on the product or any objects or coming into contact with the surface of the Product; 

  • Adverse effects of air pollution; and

  • Normal weathering of surfaces.


Installation and Care

All Company products should be installed and handled in accordance with product specifications and instructions, including without limitation, the below general installation instructions: 

  • Handle planters and any other purchased product with care and avoid standing or stepping on them. Planters are much more durable when filled with soil than when empty.

  • Continuous base support of the planters or other purchased product is recommended.

  • Install planters or other purchased product on level ground unless specified to accommodate a slope.

  • Install Garden “Obelisk” or “Spire” to have at least 12” planted underground, secured by gravel or by cement. 

  • Install Window Boxes using a professional installer who can ensure that the box is secured adhered to the exterior material. 


Shipping Claims and Insurance

Customer has 24 hours upon receiving the shipment from the Company to inspect any purchased products and to contact the Company if product arrives damaged. If you do not make a claim within 24 hours of receipt of the products, the Company is unable to accept any claims for damaged products as the Company is unable to file a claim. 


Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.


YOUR USE OF THE COMPANY CONTENT, ANY THIRD-PARTY CONTENT, ALL PURCHASES, SALES, AND OTHER TRANSACTIONS, AND ANY PRODUCTS AND/OR SERVICES PURCHASED, SOLD, OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE COMPANY CONTENT, ANY THIRD-PARTY CONTENT, ALL PURCHASES, SALES, AND OTHER TRANSACTIONS, AND ANY PRODUCTS AND/OR SERVICES PURCHASED, SOLD, OR OTHERWISE OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED OR AFFILIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE COMPANY CONTENT, ANY THIRD-PARTY CONTENT, ALL PURCHASES, SALES, AND OTHER TRANSACTIONS, OR ANY PRODUCTS OR SERVICES PURCHASED, SOLD, OR OTHERWISE OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COMPANY CONTENT, ANY THIRD-PARTY CONTENT, ANY PURCHASE, SALE, OR OTHER TRANSACTION, OR ANY PRODUCTS OR SERVICES PURCHASED, SOLD, OR OTHERWISE OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 


EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS, TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.


YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD THE COMPANY, ITS AFFILIATES, OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE DO NOT GUARANTEETHE TRUTH OR ACCURACY OF ANY SUCH CONTENT PROVIDED ON THE SITE. 


THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY AND ITS AFFILIATES AND/OR RELATED ENTITIES, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, OWNERS, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, ADVISORS, INSURERS, ATTORNEYS, VOLUNTEERS, REPRESENTATIVES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASEES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY OTHER COMPANY CONTENT, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON SUCH WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

IN NO EVENT SHALL THE RELEASEES BE LIABLE FOR ANY CLAIMS OF INJURY, DEMANDS, LIABILITIES, DAMAGES, LOSSES, SUITS, DEMANDS, CAUSES OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHER CLAIMS OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOSSES FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, IN EXCESS OF THE AMOUNTS YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY OF THE FOREGOING, WHETHER ONE TIME OR IN THE AGGREGATE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

The limitations of liability set out above do not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Indemnification

You hereby agree to defend, indemnify, and hold harmless the Releasees from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site and/or other Company Content, including, but not limited to, any use of the Company Content or third-party content offered by the Company, and any services and products owned by the Company or any third party other than as expressly authorized in these Terms, and your use of any other information obtained from the Company Content or product or service provided through the Site. You hereby agree to cooperate as fully as reasonably required in defense of any such claim.

The Company reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the Company’s written consent.


Site Management 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such individual to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.


Modification and Interruptions

We reserve the right to change, modify, or remove the content on the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.


Electronic Communications

Visiting the Site, sending us e-mails or messages, and filling in requested information constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and through the Site, satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.


Payment

Payment shall be made by a credit, debit card, or other method of payment approved by the Company. Approved method of payments (including approved credit and debit card types) are listed on the Site. You have to supply your payment details when you place your order. If you use a credit card, your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given or (ii) the billing address given does not match the bank records. We will not supply the items to you until your card issuer has authorized the use of your card for payment of the ordered products. We recommend that you save and print your order confirmation for your potential future use.


Shipping Policy

The price charged for a product will be the price in effect at the time the order is placed and will be set out in the order receipt and order confirmation emails. The Company may change prices at any time without notice. Price increases will only apply to orders placed after such changes.

The Company charges sales tax where required by law. If your shipment is to a state where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your order. Prices for the products do not include charges for shipping and handling.

Separate charges for tax and shipping will be itemized in your shopping cart and on shipping confirmation email.


Return Policy

At the Company, customer satisfaction is our number one priority. All planters and other purchased products are made to order and are manufactured to ensure the highest quality and precision.


If for whatever reason, you would like to return your planter or other purchased product, please feel free to call us at 1-888-462-1284 or email us at sales@eastovercollection.com. Please note the following before you initiate a return: 


  • We only accept standard planter sizes and design for a return within thirty (30) days of you receiving the items. 

  • Condition. Products that are returned should be in their original condition. 

  • Shipping. You are responsible for return shipping costs. You may ship with your preferred carrier or reach out to us for a return shipping label (cost will be deducted from the refund). 

  • Restocking Fee. A twenty-five percent (25%) restocking fee will be applied to all returned products. 

  • Packaging. Products being returned should be securely packed with original packaging (or as close to original as possible).

  • Labeling. Please include your order number on and inside the box, and ensure it’s clearly visible.

  • Once Delivered. We will inspect your returned planter or other purchased product for damage, and issue a refund less any and all fees and shipping costs.


Custom Products Terms

CUSTOM PRODUCT ORDERS CANNOT BE CANCELLED OR RETURNED
Each custom product is made specifically to your specifications and as a result, your orders can't be modified, cancelled or returned. On the order review page, you will have a chance to review your design choices and make changes before you purchase. This is very important because a customized product cannot be returned, and your purchase is non-refundable. PLEASE MAKE SURE ALL INFORMATION IS CORRECT before you proceed to purchase.

Your custom product is made to order just for you, and we cannot accept returns. The exception is if the product was made incorrectly. Please contact customer service by emailing sales@eastovercollection.com to learn more information regarding a custom product order.


Availability Outside the United States

If you access the Site and its products from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Site from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with these Terms and the Privacy Policy.


Term and Termination

These Terms shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking access), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or any applicable law of regulation. We may terminate your use of or participation in the Site or delete any content or information that you posted at any time, without warning, at our sole discretion.


Governing Law

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).


Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted solely and exclusively in the federal or state courts having jurisdiction in Mecklenburg County, North Carolina, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, termination, or arbitrability, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying North Carolina law.


Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE COMPANY CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 


Attorney’s Fees

In the event that the Company is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for the Company’s attorneys’ fees and costs.


Miscellaneous

These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.


Privacy Policy

Please read our Privacy Policy located at [insert privacy policy link], which is incorporated fully into these Terms.


Contact 

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to sales@eastovercollection.com.