Terms & Conditions

TERMS OF USE AND CONDITIONS OF SALE

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE AND CONDITIONS OF SALE BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.

“Company” or “we” shall mean Eqyss Grooming Products, Inc. a California corporation which does business as “EQYSS” and its affiliates and subsidiaries (collectively “EQYSS”). “Website” shall mean EQYSS.com and other websites as added from time to time by the Company. These Terms of Use apply to the Website and are a binding agreement between you and the Company. By using the Website, you acknowledge that you have read understood and agree to be bound by these Terms of Use, including any additional policies and future modifications. So, if at any time you do not agree to these Terms of Use, please do not use the Website. Should you have any questions or comments, do not hesitate to send them to info@eqyss.com.

PRIVACY

Please review our Privacy Notice, which also governs your visit to the Website, to understand our practices click here.

INTELLECTUAL PROPERTY

You have only a limited license to use the Website for the following purposes: viewing and browsing this Website; registering with the Website, accessing the personal information once registered with the Website and other use reasonably intended for the Website, by the Company. You shall not copy, reproduce, republish, post, transmit or distribute in any way, any material from this Website. You agree to keep intact all copyright, trademark, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the Company’s intellectual property rights. For purposes of these Terms of Use, the use of any such material on any other web site or electronic network medium is prohibited. All trademarks, service marks, and trade names are property of the Company. In the event you download anything from the Website, any files, images, or data are licensed to you by the Company for the limited use described in the first paragraph of this section “Intellectual Property”. The Company transfers no right, title or interest to the materials, software embedded or used in the Website to you. The Company retains full and complete title to the Website, software, and all intellectual property rights therein, except the third-party content. You may not redistribute, sell, decode, reverse engineer, and disassemble any part of the Website. You are prohibited from using any automated system, robots or software to extract data from this Website for commercial purposes (“screen scraping”). If you are interested in gaining permission for online use of photos, or permission to use our logos, please send us an email outlining the specifics of your request. You expressly recognize and agree that the Company’s trademarks are the sole property of the Company. You do not have any right, title or interest in such or any use thereof, including but not limited to the reproduction of any such trademarks. You agree that all the trademarks have great value and good will and, in the event of a breach of this section, injury to the Company would be irreparable and, therefore, injunctive relief to protect the Company’s interests would be appropriate (without limitation as to other damages which might be allowed by law).

COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Lionel Bochurberg, Esq.
Dillon Miller Ahuja, LLP
5872 Owens Avenue, Suite 200, San Diego CA 92008
Tel: (858) 587-1800
Email: lbochurberg@dmalaw.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

ELECTRONIC COMMUNICATIONS

When you visit our Website 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. 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.

POSTINGS, REVIEWS, COMMENTS

The Website offers the possibility for any user to post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, on designated areas, such as “Join the conversation”. However, you agree not to use this Website to:

  • Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion) or that consist of or contain software viruses, political campaigning, commercial solicitation;
  • Impersonate any person or entity, including, but not limited to any user of this Website, a director, officer, employee, shareholder, agent or representative of the Company, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with the Company, or our affiliates or any other person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
  • Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
  • Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose; materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
  • “Stalk” or otherwise harass another user or employee of this Website; or
  • Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or
  • Access or attempt to access another user’s account without his or her consent.

Your privilege to use this Website and contribute to discussions on the community areas depends on your compliance with these community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms of Use, we may terminate, in our sole discretion, your use of, or participation in, any community area. The Company reserves the right (but not the obligation) to remove or edit such content at any time.

IMPORTANT: If you do post content or submit material, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.

LINKS

These Terms of Use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

GEOGRAPHIC RESTRICTIONS

We provide this Website for use by persons located in and out the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

PRODUCT DESCRIPTION AND AVAILABILITY

We attempt to be as accurate as possible. However, from time to time there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. So we do not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free and we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). The photographs and texts illustrating and describing the products on the Eqyss website are non-contractual and for information purposes only. Eqyss shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.

CONDITIONS OF SALE

Scope

Each order placed directly with Eqyss Grooming Products, Inc. (“Eqyss”) by means of the eqyss.com website, through Eqyss’s customer service center shall be governed by these General Conditions of Sale. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use and Conditions of Sale. These Terms of Use and Conditions of Sale apply only to sales in the United States of America. International orders are not available via the Eqyss website or Eqyss Customer Service Center. Eqyss reserves the right, at any time, to modify these Terms of Use and Conditions of Sale by posting a new dated version on this website. By using the Eqyss website, you also accept and agree to be bound by our Terms of Use and Privacy Policy. Eqyss invites you to read them carefully before using the services provided on this website. These, the Terms of Use, Conditions of Sale and Privacy Policy govern to the exclusion of any conflicting terms. Purchase of Eqyss products from third party retail locations or via third party websites are not covered by these General Conditions of Sale. Third party terms and conditions will apply to such sales, as applicable.

Orders

By placing an order through the Eqyss website or through the Eqyss Customer Service Center, you make an offer to purchase the products you have selected under these General Conditions of Sale. Orders you place with Eqyss on its website, through the Eqyss Customer Service Center, and at Eqyss’s retail boutique locations may be subject to monthly maximum quantity limitations, which are set at Eqyss’s sole discretion. Eqyss offers its products within the limits of its available stocks. The unauthorized resale of Eqyss products is strictly prohibited. Customers found to have engaged in the unauthorized resale of Eqyss products shall have their accounts immediately terminated. The order you place on the Eqyss website or through Eqyss’s Customer Service Center is not confirmed until Eqyss transmits an order confirmation by e-mail. Eqyss reserves the right to refuse orders for any reason or no reason at all. The order confirmation, including payment information, transmitted by Eqyss constitutes full proof of the order and the entire transaction.

Prices and Delivery Charges

The prices payable for the item(s) you order are those displayed on the Eqyss website on the date you place your order (as set out in the order confirmation), but excluding any applicable delivery charges. Delivery charges will be billed at the rates indicated on the Eqyss website on the date you place your order (as set out in the order confirmation). Eqyss reserves the right to modify its prices and delivery charges at any time and to cancel an order in case of writing, printing or calculation errors.

Delivery

All orders confirmed by Eqyss will be delivered to the delivery address you specify when placing your order. Delivery tracking may be available in certain locations through Eqyss or third party delivery vendors. The phone number you provide may be used to notify you of delivery and/or may be visible on the outside of the package delivered. Eqyss does its utmost to ensure deliveries in the timing shown on the delivery option selected and set out in the order confirmation, but does not guarantee delivery times. Deliveries can only be made to locations in the United States of America.

Verification of Merchandise

It is your responsibility to verify the quantity and condition of the merchandise upon delivery. In case you observe damaged or missing items, you must inform Eqyss within 7 days after the delivery. Eqyss may in such case provide you with identical replacement merchandise in its discretion and may request additional information to support your claim.

Returns

EQYSS offers a 100% Satisfaction Guarantee. Products purchased directly from Eqyss can be returned within 30 days from the date of purchase or delivery (if such delivery date is verified through a delivery receipt). The product must be in its original packaging, and you must include all relevant invoices and/or receipts with your return.

Purchases made via the Eqyss website, through the Eqyss Customer Service Center, or may be returned to the Eqyss address shown on the packing slip received with the merchandise. If the packing slip is not available or assistance is required, a return may be initiated by calling the Eqyss Customer Service Center. The return postage will be at your expense.

Once a properly completed return has been received by Eqyss, Eqyss will at your option either (i) refund you the purchase price (excluding shipping costs) of the returned merchandise,(ii) provide you with an online credit or (iii) exchange for other product of same value no later than thirty (30) days after Eqyss receives such returned merchandise. Eqyss will reimburse your purchase price (excluding shipping costs) for the merchandise in the original form of payment. In certain circumstances involving cash payment, in-store credit, Eqyss gift card, or returned gift merchandise, Eqyss may instead offer account or in-store credit. Incomplete returns will not be processed.

IMPORTANT: Any Eqyss product purchased at a third-party retail store or from a third-party website must be returned to the original store or site from which it was purchased, and is subject to their return policies.

Limited Product Warranty

Each product purchased directly from Eqyss, either via its website, Customer Service Center comes with the limited warranty that our products shall be free from defects in material or workmanship over a period of one year from date of shipment from the factory. Said warranty will not apply if the product is used under conditions for which it is not specifically intended. The limited warranty provided is valid only in the United States of America. Except to the extent allowed by applicable law, the terms of the limited warranty do not exclude, restrict or modify the mandatory statutory rights applicable to the sale of this product and are in addition to those rights. If you believe your product is defective, contact Eqyss for instructions on how to proceed with a repair or exchange.

Limitation of Liability

Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages arc claimed. IN NO EVENT SHALL EQYSS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE POSSIBILITY OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY EQYSS), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.

Force Majeure

Eqyss will make every reasonable effort to fulfill its obligations. However, Eqyss cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products. In the event of delay, Eqyss will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.

DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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.

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY EQYSS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EQYSS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EQYSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, NON-INFRINGEMENT. EQYSS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM EQYSS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EQYSS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, will Company or its affiliates, contractors, employees, officers, agents, counsel, or third party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation lost business, lost revenues or loss of anticipatory profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating the use or misuse of the Website, or any part thereof, even if Company has been advised of the possibility of such damages. To the fullest extent permitted by applicable law, in no event will Company or its affiliates, contractors, employees, officers, agents, counsel, or third party partners, licensors, or suppliers’ total liability to you for all damages, loses, and causes of action, arising out of or relating the use or misuse of the Website, or any part thereof, (whether in contract, tort, warranty or otherwise) exceed the amount paid by you, of any, to Company during the six months period immediately preceding the date of the claim or fifty US dollars, whichever is lesser.

GOVERNING LAW AND JURISDICTION

The Website is created and controlled by the Company in the State of California. These Terms of Use shall be construed according to the substantive laws of the State of California, without regard to its conflict of law provisions.

It is a condition precedent to the use of the Website, that you and any party accessing the Website on your behalf irrevocably submit to the sole and exclusive jurisdiction of the state court located in San Diego County, California in the United States Federal Court for the State of California for the determination of disputes arising under these Terms of Use. In the absolute and sole discretion of the Company, a legal action may be brought by the Company against any party in breach of these Terms of Use, at its election, in the United States or the place of breach or the domicile of that party, and, if more than one party, in the domicile of any one of those parties, and all other parties shall submit to that jurisdiction. The prevailing party to litigation or other proceeding under these Terms of Use shall be awarded its reasonable attorney fees, and costs and expenses incurred. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under these Terms of Use. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

LIMITATION ON TIME TO FILE CLAIMS

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

LEGAL NOTICE

All of the content on this Website (“Content”) is subject to copyright, trademark, service mark, logo and other intellectual property rights or licenses held by Grooming Products, Inc. Your use of the trademarks, service marks, and copyrighted material displayed on this website is strictly prohibited. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. EQYSS reserves complete title and full intellectual property rights in any content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content.

Eqyss Grooming Products®, Eqyss®, Eqyss Elite®, Eqyss Premier®, Micro-Tek®, Mega-Tek®, Avocado Mist®, Survivor®, Flea Bite®, Crib-Guard®, If You Love Me Pet Me ®, Pet Me®, Premier Spray Marigold Scent®, Chew Proof IT! ®, Barn Barrier®, the Eqyss logo are trademarks of Eqyss Grooming products, Inc.

Contacting Us

Please direct any inquiries related to these Terms of Use and All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: Eqyss Grooming Products Inc., PO Box 130157 Carlsbad, CA 92013, or by completing this online form. If you have any questions or comments about our company or our products or have other customer service needs, please click here for information on contacting our consumer service representatives.

Effective Date: December 23, 2020

© 2020 Eqyss Grooming Products, Inc. All Rights Reserved.