Terms And Conditions

“You” refers to any visitor or user of the Website. ElaVegan (“Company”, “we”, “us”, or “our”) may update these Terms at any time. Your continued use of the Website after changes means you accept the updated Terms.

Intended Age

This Website is intended for individuals aged 18 and over. Children are not permitted to use the Website as defined in our Privacy Policy.

Privacy Policy

Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions.

Disclaimer

Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions.

Governing Law and Venue

Except as otherwise stated in the Arbitration Agreement below, these Terms are governed by the laws of the Dominican Republic. For equitable relief related to intellectual property rights, the courts of the Dominican Republic have jurisdiction.

Binding Arbitration (“Arbitration Agreement”)

a. Applicability of Arbitration Agreement

You agree that any dispute or claim against us or our vendors or service providers (collectively, “We” or “Us”) related in any way to your access or use of this Website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual basis, and (2) you or We may seek equitable relief in court for infringement or misuse of intellectual property rights. You must commence any arbitration or other claim within one year after the dispute arises or the claim is permanently barred. This Arbitration Agreement applies to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement. You agree not to participate in any class, collective, or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Process

To begin a claim, first send a letter describing your claim in detail, including your name and contact information, your legal claim, specific facts giving rise to your claim with dates and amounts, and the requested relief, to: Michaela Vais, Camino Llibre 3, 57000 Sosua, Puerto Plata, Dominican Republic. We will attempt in good faith to resolve your claim informally. If not resolved within 30 days, you may commence arbitration. The arbitration will be conducted by JAMS. Claims under USD 250,000 (excluding fees and interest) are subject to JAMS Streamlined Arbitration Rules; all other claims are subject to JAMS Comprehensive Arbitration Rules. See JAMS Streamlined Rules and JAMS Comprehensive Rules. If JAMS is unavailable, the parties will select an alternative forum. You may choose remote proceedings, written submissions, or an in-person hearing at a mutually agreed location. We may make an offer of judgment. If you do not accept and the award is not more favorable, you are responsible for costs incurred by Us after the offer to the extent permitted by law. Any judgment on the award may be entered in any court of competent jurisdiction.

c. Fees

If the arbitrator finds you cannot afford JAMS fees and you cannot obtain a waiver from JAMS, We will pay them. If the arbitrator determines your claims are frivolous, you agree to pay Our attorneys’ fees and costs to the extent permitted by law.

d. Authority of Arbitrator

The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that any part is void or voidable. The arbitrator may grant dispositive motions, award monetary damages, and grant any non-monetary relief available to an individual. The arbitrator will issue a written award with essential findings and conclusions. The award is final and binding.

e. Waiver of Jury Trial

You and We waive the right to a trial by judge or jury. An arbitrator can award on an individual basis the same relief as a court. Court review is very limited.

f. Waiver of Class or Consolidated Actions

Except with respect to Batch Arbitration below, all claims must be arbitrated on an individual basis. No class, collective, or consolidated actions are permitted. If this paragraph is found invalid, neither party is entitled to arbitration and claims will be resolved in court as set forth in these Terms.

g. Batch Arbitration

If fifty or more individual arbitration requests of a similar nature are filed against Us within approximately thirty days or in close proximity, JAMS will administer them on a collective basis as a single consolidated arbitration before a single arbitrator. If impracticable or inequitable, the arbitrator may group demands into groups of not fewer than twenty matters plus a remainder group and arbitrate each group as a single consolidated arbitration. Disagreements over applicability of Batch Arbitration will be settled in a single consolidated arbitration. This provision does not authorize class or collective arbitration except as expressly stated here.

h. Severability

If any part of this Arbitration Agreement is found invalid or unenforceable, that part will be severed and the remainder will continue in full force.

i. Survival

This Arbitration Agreement survives termination of your relationship with Us.

j. Modification

If We make a future material change to this Arbitration Agreement, it will not apply to any individual claim for which you have already provided notice to Us.

Consent to Data Collection

These Terms incorporate our Privacy Policy, which explains how we, our vendors, and our service providers collect and use data when you use the Website. You consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy and any linked policies. You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or using the links provided on the Website. You acknowledge that partners such as Raptive may collect and process data to deliver personalized advertising in compliance with applicable privacy laws.

Intellectual Property

All content on the Website including text, graphics, logos, files, videos, designs, and other materials (the “Content”) is owned by us or used with permission and protected by intellectual property laws. You are granted a limited, revocable, non-exclusive license to print or download Content for personal, non-commercial use only. Any other use requires our written permission.

User Content and Lawful Use

You warrant that any content you submit is yours or you have permission to use it. You grant us a perpetual, worldwide, royalty-free license to display, distribute, and reproduce such content. You agree not to post unlawful or harmful material and to use the Website for lawful purposes only.

Third-Party Links

The Website may link to third-party sites. We do not control those sites and are not responsible for their content or practices. Your use of third-party sites is at your own risk.

Use of Paid and Free Products

We may offer free downloads and sell digital or physical products. All materials are protected by copyright. You receive a personal, non-transferable license for your own informational and educational use. Redistribution, resale, or modification without our written consent is prohibited.

Termination

We may restrict, suspend, or terminate access to the Website at any time, without notice, for any reason.

No Warranties

All content and services are provided “as is” and “as available” without warranties of any kind. We do not guarantee completeness, accuracy, or uninterrupted operation.

Limitations on Liability

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100). THE LIMITATIONS OF THIS SUBSECTION APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Indemnification

You agree to indemnify and hold us harmless from claims, damages, liabilities, and expenses including reasonable attorneys’ fees arising out of your actions, your use of the Website, any violation of these Terms, or infringement of rights of any person or entity.

Entire Agreement

These Terms together with our Privacy Policy, Cookie Policy, and Disclaimer constitute the entire agreement between you and us regarding the Website and supersede prior agreements.

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.

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