Terms of service
Maybeam LLC dba eGoods365 ( “eGoods365” on this website document) Terms of Service covers your access and use of the eGoods365 websites, online store and other online products and services (collectively “Services”)
By using any of our Services you are entering into a binding agreement with eGoods365 and agree to be bound by eGoods365 Terms of Service.
eGoods365 reserves the right to change the terms and conditions of this User Agreement and the Service at any time.
If you do not agree to these Terms, please refrain from accessing or using our services.
Eligibility
You must be at least 18 years of age and reside in the United States to access or use our Services. If you are using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms of Service.
User Accounts and Account Security
Some of our Services require registration of an account. You are responsible for maintaining your passwords and login credentials in the safe and secure place. If you allow other users access your account – you are responsible for their action/purchases on our website. You must notify if you suspect unauthorized use of the account ASAP.
Limitation of Liability
In no event shall eGoods365, its directors, members, employees or agents be liable for any direct, special,
indirect or consequential damages or any other damages of any kind, including, but not limited to, loss of use,
loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence)
or otherwise, arising out of or in any way connected to the use of, or inability to use, the complete site, including
without limitation any damages caused by or resulting from reliance by the user on any information obtained from eGoods365,
or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation
or transmission or failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction
or unauthorized access to eGoods365’s records, programs or services. in no event shall the aggregate liability of
eGoods365, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product
liability, strict liability or other theory, arising out of or relating to the use of or inability to use the sites
exceed FIFTY DOLLARS ($50.00) or the amount paid, if any, by you to eGoods365 for access to or use of our Services.
Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.
Disclaimer of warranties
You agree that use of the eGoods365 Services is entirely at your own risk.
The eGoods365 website and the service are provided on an "as is" or "as available" basis, without any
representations or warranties of any kind. All express and implied warranties, including, without limitation,
the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights
are expressly disclaimed to the fullest extent permitted by law. To the extent permitted by law, eGoods365 disclaims
any warranties for the security, reliability, timeliness, accuracy, and performance of the eGoods365 website and Services.
To the extent permitted by law, eGoods365 disclaims any warranties for other services or goods received through or advertised
on the eGoods365 website or service or accessed through any links on the site. eGoods365 disclaims any warranties
for viruses or other harmful components in connection with the use of eGoods365 Services.
Modification and Termination of Services
We have the right to modify our Services or to suspend or stop providing all or portions of our Services at any time, delete, block your email or IP address immediately and without notice. You also have the right to stop using our Services at any time. We are not liable for any loss related to modification or termination of our Services.
Dispute Resolution
For any Dispute that you have against eGoods365 you agree to first contact eGoods365 and attempt to resolve the claim
by sending a written notice of your claim (“Claim”) to eGoods365 by email at [email protected].
The Claim must include necessary information to identify a sales and the explanation of the issues or dispute (include order number, your name, address, email address,
and telephone number and the nature of the issue and acceptable resolution sought for). If you and eGoods365 cannot reach an agreement to resolve
the Dispute within 30 days after such Claim is received, then either party may submit the Dispute to binding arbitration or, under the limited circumstances, in court.
No class or representative actions or arbitrations are allowed under this provision.
In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. You and eGoods365 agree that any dispute arising out of or related to these Terms of Services is personal to you and eGoods365 and that any dispute will be resolved solely through individual arbitration, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for small claims disputes in which you or eGoods365 seek to bring an individual action in small claims court located in the State of Virginia, Fairfax county in which you or eGoods365 seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and eGoods365 waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (“Disputes”) resolved in court.
(c) You and eGoods365 agree that these Terms affect interstate commerce, and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, eGoods365, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(e) Any Dispute must be filed within 30 days after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and eGoods365 will not have the right to assert the claim.
Governing Law and Venue
Any dispute arising from these Terms and your access to eGoods365 website and use of our Services will be
governed by and construed and enforced in accordance with the laws of Virginia, Fairfax County except
to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles
(whether of Virginia or any other jurisdiction) that would cause the application of the laws of any other
jurisdiction. Any dispute between the parties that is not subject to arbitration or
cannot be heard in small claims court will be resolved in the state or federal courts of
Virginia and the United States, respectively, located in Fairfax County, Virginia.
Product Description
eGoods365 strives to present information as accurate as possible eliminating errors on the website.
eGoods365 does not warrant that all pictures, pricing, description are error-free.
In the event of the error while using our services you order will be corrected based on the
case-by-case basis or canceled. Your remedy is limited to an order cancellation or a refund.
Pricing
All prices are shown in U.S. dollars; shipping and handling charges may be additional or included,
taxes are additional, which are clearly stated before your checkout payment. eGoods365 strives to
implement best practices and sense of reason when setting prices, but they are dictated by the market,
and subject to a change. eGoods365 is not obligated to honor pricing offered by other website, and we
are not obligated to honor the price generated in an error. All prices are subject to change without
notice, and you agree that taxes may be adjusted from the amount shown on the billing screens due to
changes between tax estimating programs and imposed by government tax rates.
Availability
All items are subject to availability,
and eGoods365 reserves the right to reject all or part of an order and to
discontinue products or services without notice, even in the event you have already placed your order.
Shipping Policy
At the time of checkout, you will see all shipping and handling charges shown on the website before your order is placed.
We reserve the right to change (add, remove, increase, decrease,) charges from time to time and without prior notice,
so you agree to check all charges before placing an order.
Unless specifically agreed on a particular shipping method, we reserve the right to choose the best allowable shipping
method. The shipping / delivery times are estimates only – actual delivery dates and time may vary.
We are not obligated or required to offer expedited or specific shipping method with extra features.
However, at times, at our discretion, we may offer upgrade options including but not limited to expedited shipping, signatures requirement, confirmations, etc.