Terms of service
Terms of Sale and Conditions of Use
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE AND CONDITIONS OF USE BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 15 AND 16). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of https://eternalmobility.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the "Website"), which are owned and maintained by CLS Strategies LLC. ("Eternal Mobility" "we," "our," "us"), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
These Terms of Sale and Conditions of Use shall be governed by the laws of Massachusetts.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 17 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 17 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page (https://eternalmobility.com/pages/terms-of-service). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
1. WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
2. PRIVACY & SECURITY DISCLOSURE
Our privacy policy may be viewed at https://eternalmobility.com/pages/privacy-policy. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, abusive, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
You agree that any products or services you purchase from Eternal Mobility on or through the Website, including CLS Strategies, LLC, will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order from the Website.
5. NO MEDICAL ADVICE AND COSMETIC PRODUCT DISCLAIMERS
Our products and all other mobility products available on the Website, are intended for their stated purpose to provide an option to increase mobility options. These products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
If you experience any irritation or adverse reaction to any of our products, discontinue use immediately and consult your healthcare provider. Do not use products if you have known allergies to any fabrics or materials. Keep items out of reach of children.
The material on the Website is provided for general informational purposes only and is not intended as medical advice or as a substitute for the medical advice of a physician. While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
6. MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to refund or return only according to our Returns and Refund Policies.
7. PAYMENT
All charges are in U.S. Dollars.
By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
8. ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. Products are subject to availability.
9. SHIPPING
Eternal Mobility ships to addresses located in the United States. Please visit our detailed Shipping Guide for additional information regarding order processing, order handling, shipping times, and commercial couriers used by Eternal Mobility.
10. DELIVERY CONFIRMATION
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the cardholder, even without a signature.
Eternal Mobility wants you to be completely satisfied with your experience. If you are dissatisfied with our product, or if it arrives damaged, please refer to our detailed Returns and Refund policy.
12. SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Eternal Mobility.
13. DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL Eternal Mobility or CLS Strategies, LLC, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, ETERNAL MOBILITY IS FOUND LIABLE UNDER ANY THEORY, ETERNAL MOBILITY’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00.
15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND ETERNAL MOBILITY ON AN INDIVIDUAL BASIS.
YOU AGREE THAT ANY DISPUTE OR CLAIM SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES.
16. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Eternal Mobility from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind arising out of your use of the Website or violation of these Terms.
17. THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites.
18. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
By submitting content to our Website, you grant us the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions.
19. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Notification of Claimed Infringement:
Eternal Mobility
Online Support: https://eternalmobility.com/pages/contact
Email Address: support@eternalmobility.com
Phone Number: +1 617-849-9599
20. ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications are equivalent to communications in writing.
22. ASSIGNMENT
You may not assign any of your rights under these Terms. Eternal Mobility may transfer its rights and obligations under these Terms without your consent.
23. NO WAIVER
No waiver by Eternal Mobility of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition.
24. SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be severed from these Terms without affecting the validity of remaining provisions.
25. TERMINATION
We reserve the right to terminate your access to the Website at any time, without notice, for any reason whatsoever.
26. SMS PERMISSIONS
By submitting your phone number on this website, you agree to our Messaging Terms and Messaging Privacy Policy.
27. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Eternal Mobility regarding your use of the Website.
28. QUESTIONS OR ADDITIONAL INFORMATION
If you have any questions, please contact Customer Support:
Eternal Mobility
Online Support: https://eternalmobility.com/pages/contact
Email Address: support@eternalmobility.com
Phone Number: +1 617-849-9599