These Terms and Conditions of Use (“Terms”) apply to the Captain Eco website located at Captain Eco.com (“Site”). The Site is the property of Captain Eco, Inc., and its licensors (“Captain Eco”).
By registering for and/or using the Services in any manner, including, but not limited to, visiting, browsing or making purchases through the Site or our mobile application (the “Application”), you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site or through the Services by us, each of which is incorporated by reference and each of which may be updated by us from time to time.
If you do not accept these Terms of Service, you are not permitted to, and you must not, access or use the Services or purchase subscriptions or products from us.
By using the Site, you are communicating with us electronically and are thereby consenting to receive communications from us electronically. We may communicate with you via email or by posting notices on the Site.
Your use of the Site constitutes your consent that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on or made available through the Site, such as text, graphics, logos, button icons, images, videos, audio clips, documents, and data is the property of Captain Eco or its content suppliers and is protected by United States and international copyright laws.
Graphics, logos, page headers, button icons, scripts, product names, product model numbers, and service names included in or made available through the Site are trademarks or trade dress of Captain Eco in the United States and other countries.
Captain Eco’s trademarks and trade dress may not be used in connection with any product or service that is not Captain Eco’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Captain Eco. All trademarks not owned by Captain Eco that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Captain Eco.
Except for certain types of disputes described in the “disputes” section below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Subject to your compliance with these Terms, Captain Eco or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site.
You represent and warrant that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Services with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Services.
You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
To sign up for the Services, you must register for an account on the Services (an “Account”).
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, illustrations, videos, audio clips, artwork, interfaces, products, written posts and comments, software, scripts, graphics, interactive features and other content generated, provided or otherwise made accessible on or through the Services.
Any Content that is submitted to us or to the Services by users, or otherwise added, uploaded, distributed or posted to the Services, whether publicly or privately transmitted, including, without limitation, product reviews, survey responses and comments (“User Content”), is the sole responsibility of the person who originated such User Content.
User Content also includes Content provided by users through third party services such as a user’s social media account (e.g., Facebook, Instagram, Twitter, etc.) if such Content mentions, tags or otherwise interacts with Captain Eco, the Services or any of our products or services.
The Content, as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Services, are owned, controlled, and licensed by Captain Eco or its licensors, unless otherwise indicated.
Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services.
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right, but do not have any obligation, to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) remove or block any Content from the Services.
Some of our services may allow you to receive SMS, MMS, or other text message notifications from us (each, a “Text Message”). To the extent you voluntarily opt to have Text Messages from us sent directly to your mobile phone, the following terms apply:
In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier.
By providing us with your wireless phone number, you confirm that you want us to send you information that we think may be of interest to you to such a phone number, which may include using automated dialing technology to send you Text Messages at the wireless number you provided.
As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all your activity in connection with the Services.
You shall not:
You shall not (directly or indirectly):
We also reserve the right to access, read, preserve, and disclose any information or content as we believe is necessary to:
All orders of our products must be for personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
Certain of our Services, including the purchase of any products or subscriptions (such as shower filter subscription plans) offered by us, may be subject to payments now or in the future (the “Paid Services”), which in certain cases may include recurring, automatically renewing payment obligations (as further described in the “Auto-Renewals And Recurring Billing For Subscription Plans And Other Subscription Services” section below).
We use third-party payment processors, (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for the Paid Services.
The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Service.
You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Some of the Paid Services, such as the purchase of auto-replacing shower filters or other products in a shower filter subscription plan, may consist of an initial period for which there is a one-time charge or a Trial Offer (as defined below), followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products (“Subscription Services”).
Captain Eco will automatically renew your Membership and charge your Payment Method depending on the Membership and/or Box shipping frequency chosen by you and, as authorized by you by agreeing to the automatic renewal of your Membership during the Member sign-up process.
Your Payment Method will be charged at least one full business day prior to your next Box shipping date. We will charge your Payment Method with the applicable cost for your Box, along with any shipping and handling costs and sales or similar taxes that may be charged with your Membership.
To avoid being charged, you must cancel your Membership in accordance with Section Membership Cancellation. We will continue to bill your Payment Method on a recurring basis (depending on the Membership and Box shipping frequency selected) until you cancel.
The Subscription Services give you the ability to specify how regularly you would like to order any auto-replacing products. Unless you opt out of a Subscription Service, which can be done via the methods described below, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional rate.
More information on Subscription Services can be found at our Help / FAQ page. By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation of such Subscription Service. All recurring payments relating to Subscription Services are fully earned upon payment.
Members will be shipped a Box based on the shipping frequency and/or shipping date chosen in their account.
For some Members, Captain Eco may offer the ability to temporarily pause their Memberships (“Pause Period”). During the Pause Period, Members will remain active members, but they will not receive any Captain Eco’s Products.
A Member’s Membership may be placed on a Pause Period for either a one, two, or three-months period. During the Pause Period, Members will remain a member of Captain Eco, continue to receive communications from Captain Eco via email, but will not be charged any maintenance or membership fee.
Members who are in a Pause Period may resume receiving Captain Eco’s Products by logging into their account and resuming shipping either immediately or on their original bill date.
You may use the online chat platform, or email any questions about the Pause Period to us at [email protected]
For Members who do not have the option to temporarily pause their Membership, Captain Eco may offer such Members the ability to change their Box ship date.
To change or cancel your Subscription Services at any time, go to your Account, use the online chat system, or email us at support[email protected] If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires.
We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we could act. To terminate your authorization, or to change your payment method or subscription services, go to your account, or contact us via online chat, or email us, or use the toll-free number listed above.
You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.
Changes to such information can be made on your Account.
All purchases of physical items from Captain Eco are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Any free trial or other promotion that provides access to a Paid Service (a “Trial Offer”) must be used within the specified time of the Trial Offer.
Trial Offers are one-time only for new customers and are limited to one per household. Additional terms and limitations may apply and will be more fully explained at the time you sign up for the Trial Offer. Any such additional terms and limitations are deemed part of these Terms of Service.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account.
If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable.
All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the Services, or how you may interpret or use the Content.
You release us and our officers, directors and employees from all liability arising out of or relating to your having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance or legality of material or Content contained in or accessed through the Services.
You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “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.”
to the fullest extent permitted by law, the services and content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, fitness for a particular purpose and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
Without limiting the foregoing, we and our officers, directors, employees, agents, suppliers, partners, and content providers do not warrant that:
Your use of the services is solely at your own risk.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to you.
You shall defend, indemnify and hold harmless us and our employees, contractors, directors, officers, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or Content in violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
To the greatest extent permitted by law, in no event shall we or our directors, employees, agents, partners, suppliers or content providers be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising), (ii) for any bugs, viruses, trojan horses or the like (regardless of the source of origination) or (iii) for any direct damages in excess (in the aggregate) of the greater of (a) fees paid to us for the particular services during the immediately previous three (3) month period or (b) $100.00.
These limitations will only apply to the extent permitted by law and do not apply to death or personal injury resulting from our acts or omissions or to liability resulting from our gross negligence or willful misconduct.
Arbitration; waiver of trial by jury. you agree that all disputes between you and us or any of our officers, directors or employees acting in their capacity as such (whether or not such dispute involves a third party) with regard to your relationship with us, including, without limitation, disputes related to these terms of service, your use of the services and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the JAMS, Inc. (“jams”) rules for arbitration of consumer-related disputes, and you and we hereby expressly waive trial by jury; provided, however, that we or you may seek injunctive or other equitable relief in any state or federal court having jurisdiction to grant it in the event of an actual or threatened infringement or misappropriation of intellectual property rights. discovery and rights to appeal in arbitration are more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.
Small Claims Court; Class Action Waiver. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if such claim is within such court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.
You are giving up your right to participate as a class representative or class member on any class claim you may have against us, including, without limitation, any right to class arbitration or any consolidation of individual arbitrations.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account if we are a party to the proceeding.
Procedures; These dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. If JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever banned.
30-Day Opt-Out Period; If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms of Service (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the “Governing Law and Jurisdiction” section below. Your written notification must be mailed to us at the address set out at the end of these Terms of Service. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including, without limitation, the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms of Service after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms of Service. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Terms of Service; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.
Severability; If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all the preceding language in this Disputes section will be null and void. This Disputes section, including, without limitation, the arbitration agreement and class action waivers contained herein, will survive the termination of your relationship with us.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend or discontinue the Services, in whole or in part, (including, without limitation, the availability of any feature, database or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication.
We may also impose limits on certain features and services or restrict your access to parts or all the Services without notice or liability. While we will use commercially reasonable efforts to timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Subject to the Disputes section, your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site and the Application, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services.
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order.
Coupon codes expire and are no longer valid for redemption 30 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself.
The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed, or restricted. Captain Eco reserves the right to change or limit coupon codes in its sole discretion.
No agency, partnership, joint venture, or employment relationship is created because of these Terms of Service and neither you nor Captain Eco has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given: (i) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (ii) when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or (iii) the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected]
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any instance does not mean that we will waive compliance in the future.
For any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. Any use of the words “including,” “for example” or “such as” in these Terms of Service shall be read as being followed by “without limitation” where appropriate.
At Captain Eco, our sole focus is providing best-in-class water filtration products so every home can enjoy healthy, great-tasting water. We are so confident you will love your Captain Eco filter that we offer a 30-day, no questions asked, trial period.
You have 30 calendar days to return a product, which begins on the day your order is placed.
All returns shipped to Captain Eco require prior authorization from Captain Eco and a clearly-labeled Refund Confirmation Code (“RCC”) on the outside of the return shipment package.
This code entitles you to a full refund of the purchase price for the product(s) you ordered, no questions asked.
How to Return a Captain Eco Product :