TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR ACCESSING THIS WEBSITE OR PURCHASING OUR PRODUCTS. Newtabforall LLC, operating as Eureka (“Eureka,” “we,” “us,” or “our”), maintains this website (www.eurekalifestyle.com, the “Site”) and provides products and services subject to the following terms and conditions (this “Agreement”). By accessing the Site, creating an account, or purchasing products (online, via retailers, or wholesale), you agree to be bound by this Agreement, including all referenced policies. THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER (SEE SECTION 24). If you do not agree, do not use the Site or purchase our products.

For our Privacy Policy, please visit here.

Table of Contents

Scope of Agreement
Entire Agreement
Eligibility
Site Use
Account Creation and Use
Product Orders and Sales
Custom Products
Retail and Wholesale Partners
Intellectual Property
User Content
Copyright Infringement Notices
Pricing and Product Information
Errors and Omissions
Payment Terms
Shipping and Delivery
Returns and Refunds
Gift Cards
Links to Third-Party Sites
Promotions
Disclaimer of Warranties
Limitation of Liability
Indemnification
Mandatory Pre-Dispute Resolution
Arbitration and Class Action Waiver
Mass Arbitration Procedures
Governing Law and Venue
Notices and Electronic Communications
California Consumer Notice
International Use
Termination
Contact Us

1. Scope of Agreement

This Agreement governs:

Your use of the Site (www.eurekalifestyle.com), including any content, features, or services.
Purchases of Eureka products (e.g., tumbler systems) via the Site, authorized retailers, or wholesale partners, worldwide.
Accounts created on the Site for personalized features (e.g., wishlists, order tracking).
All interactions with Eureka, online or offline, including user-generated content (e.g., reviews, custom designs).

Newtabforall LLC, based in Oregon, USA, operates Eureka. We may update this Agreement, with the latest version posted on the Site. Continued use after changes constitutes acceptance.

2. Entire Agreement

This Agreement, including referenced policies (e.g., Privacy Policy, Return Policy), is the sole agreement between you and Eureka, superseding all prior agreements, representations, or warranties regarding the Site, products, or services. Terms in your purchase orders or other documents are excluded unless agreed in writing by an authorized Eureka representative. We may amend this Agreement without specific notice, with updates posted on the Site.

3. Eligibility

To use the Site, create an account, or purchase products, you must be:

At least 18 years old.
A legal resident of a country where our products are available.
Capable of entering a binding contract.

4. Site Use

You agree not to:

Use the Site for unlawful, harmful, defamatory, or infringing purposes.
Interfere with Site functionality (e.g., via viruses, hacking).
Misrepresent your identity or provide false information.
Use automated tools (e.g., bots) to access or scrape the Site.

We may suspend or terminate your access for violations, at our discretion.

5. Account Creation and Use

5.1. Eligibility

To create an account, you must be 18+ and provide accurate, current information (e.g., name, email, password). Only one account per individual is allowed.

5.2. Responsibilities

Maintain confidentiality of your password and account.
Notify us immediately of unauthorized use at support@eurekalifestyle.com.
Do not share, sell, or use your account for commercial purposes.

5.3. Benefits

Accounts may offer:

Wishlists, order tracking, and streamlined checkout.
Early access to products or promotions.
Customization options (if available).

Benefits may change, with notice via email or the Site.

5.4. Termination

You may close your account by contacting support@eurekalifestyle.com. We may terminate accounts for:

False information or fraud.
Violation of this Agreement.
Inactivity or other reasons, at our discretion.

6. Product Orders and Sales

Availability: Products are available while supplies last, online or via authorized retailers/wholesalers.
Order Acceptance: We may reject or modify orders (even after confirmation) for any reason, including suspected fraud, inventory issues, or violations of this Agreement. You’ll be notified via email, with refunds issued for rejected orders.
Restrictions: We may limit quantities, prohibit reseller orders, or bar users from transactions, at our discretion.

7. Custom Products

If Eureka offers customization (e.g., tumbler designs), you agree:

Designs must not be obscene, hateful, defamatory, or infringe third-party rights (e.g., copyrights, trademarks).
We may reject designs at our discretion, including those promoting violence, discrimination, or political affiliations.
Custom orders cannot be canceled or returned once submitted, except for defects.
You’re responsible for design errors you approve.
Eureka retains rights to use submitted designs for marketing (e.g., social media, ads) without compensation.

8. Retail and Wholesale Partners

Authorized Partners: Eureka partners with retailers and wholesalers globally to sell products. Purchases from partners are subject to their terms, but this Agreement governs your relationship with Eureka.
Wholesale Terms: Wholesale buyers must comply with Eureka’s pricing, branding, and distribution policies, available upon request.
Resellers: We prohibit unauthorized reselling. Orders suspected of reselling may be canceled.

9. Intellectual Property

The Site’s content (e.g., designs, logos, text) is protected by copyrights, trademarks, and other rights owned by Eureka or its licensors. You may not copy, distribute, or create derivative works without permission, except for personal, non-commercial use as allowed in Section 10. Posting content on the Site does not waive our rights.

10. User Content

By submitting content (e.g., reviews, photos, custom designs, “User Content”), you:

Warrant you own or have rights to the content and it’s not unlawful, defamatory, or infringing.
Grant Eureka a perpetual, royalty-free, worldwide license to use, modify, publish, or distribute User Content for any purpose (e.g., marketing, social media) without compensation.
Agree we may edit, delete, or refuse to post User Content at our discretion.

You’re responsible for User Content legality and accuracy. We’re not liable for third-party claims arising from your submissions.

11. Copyright Infringement Notices

If you believe Site content infringes your copyright, notify us at legal@eurekalifestyle.com with:

Your signature.
Identification of the infringed work and infringing material.
Your contact info (name, address, phone, email).
A statement of good faith belief and accuracy, under penalty of perjury.

We’ll remove infringing content and may terminate accounts of repeat infringers.

12. Pricing and Product Information

Pricing: Quoted in US dollars (USD) on the Site. International purchases may incur currency conversion or taxes, your responsibility.
Accuracy: We strive to display accurate product details (e.g., colors, descriptions). Monitor settings may affect color accuracy, and we don’t guarantee exact matches.
Availability: Products may not be available in all regions or stores.

13. Errors and Omissions

We may correct errors, inaccuracies, or omissions (e.g., pricing, descriptions) on the Site without notice, including after order submission. We may cancel orders affected by such errors, with refunds issued.

14. Payment Terms

14.1 Billing

We use a third-party payment processor (the “Payment Processor”) to bill you through your chosen payment account linked to your Eureka account (your “Billing Account”) for purchases or services on the Site (www.eurekalifestyle.com), including online orders, custom products, or subscriptions (if applicable). Payments are processed in US dollars (USD) and subject to the Payment Processor’s terms, conditions, and privacy policies, in addition to this Agreement. We are not responsible for errors, delays, or issues caused by the Payment Processor.

By purchasing products or services, you:

Agree to pay all charges at the prices displayed at checkout, including applicable taxes and shipping fees, through your selected payment method (e.g., credit card, digital wallet).

Authorize us, via the Payment Processor, to charge your payment method for all amounts due.

Warrant that your payment information is accurate, current, and authorized, and that charges will be honored by your payment provider.

14.2. Payment Method

Your payment terms depend on your chosen payment method and any agreements with your financial institution, credit card issuer, or payment provider. You’re responsible for any fees (e.g., currency conversion, international transaction fees) imposed by your provider for global purchases.

If we, through the Payment Processor, do not receive payment (e.g., due to declined transactions or chargebacks), you agree to pay all amounts due upon demand. We reserve the right to pursue collection, suspend your account, or cancel orders for non-payment.

14.3. Errors and Corrections

We may correct billing errors or mistakes (e.g., incorrect pricing, duplicate charges) even after requesting or receiving payment. If an error results in an overcharge, we’ll refund the excess. If undercharged, you agree to pay the difference upon notification. We may cancel orders affected by pricing errors, with refunds issued for any payments received.

14.4. Taxes

You’re responsible for all applicable sales, use, or other taxes on purchases, unless otherwise stated. We do not accept tax exemption certificates for online sales. Taxes are calculated at checkout based on your shipping location.

14.5. Custom Orders

Full payment is required upfront for custom products before production begins. Custom orders are non-refundable except as provided in our Return Policy (www.eurekalifestyle.com/returns).

14.6 Current Information Needed

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 credit card number, billing address, 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 at www.eurekalifestyle.com.

15. Shipping and Delivery

Title and Risk: Title and risk of loss pass to you upon delivery to the carrier.
Estimates: Delivery dates are estimates, not guarantees. We’re not liable for delays or related losses.
Claims: You’re responsible for filing claims with carriers for damaged/lost shipments.

16. Returns and Refunds

Our Return Policy (www.eurekalifestyle.com/returns) is part of this Agreement. Custom products are non-returnable unless defective. Inspect products upon delivery.

17. Gift Cards

Use: Redeemable only at www.eurekalifestyle.com for merchandise. Taxes apply upon redemption.
Balance: Unused balances remain on the card. No expiration or fees.
Non-Transferable: Cannot be returned, refunded, or redeemed for cash (except where required by law). Lost/stolen cards aren’t replaced.
Fraud: We may refuse suspected fraudulent gift cards.

18. Links to Third-Party Sites

The Site may link to third-party websites (e.g., retailers). We’re not responsible for their content, accuracy, or practices. Access them at your risk.

19. Promotions

Promotions (e.g., contests, discounts) may have separate rules. Review them before participating. We may use your provided information per our Privacy Policy.

20. Disclaimer of Warranties

THE SITE AND PRODUCTS ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DON’T GUARANTEE SITE RELIABILITY, ACCURACY, OR UNINTERRUPTED ACCESS. USE IS AT YOUR RISK.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EUREKA, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (E.G., LOSS OF PROFITS, DATA, OR GOODWILL) ARISING FROM:

SITE USE OR INABILITY TO USE.
PRODUCT PURCHASES OR DEFECTS.
UNAUTHORIZED ACCESS TO YOUR DATA.
THIRD-PARTY CONDUCT OR CONTENT.

LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. SOME JURISDICTIONS MAY NOT ALLOW THIS, SO LIMITATIONS APPLY AS PERMITTED.

22. Indemnification

You agree to indemnify, defend, and hold Eureka, its officers, employees, and agents harmless from claims, losses, or expenses (including attorneys’ fees) arising from:

Your User Content or Site use.
Violation of this Agreement or third-party rights.
Fraudulent or unlawful acts.

23. Mandatory Pre-Dispute Resolution

Before filing a claim, you and Eureka agree to:

Provide written notice of the dispute within 1 year, sent via certified mail to Newtabforall LLC, Attn: Legal, P.O. Box, Portland, OR 97229, or email (if no physical address is provided).
Include your name, contact info, dispute details, and relief sought.
Attempt good-faith resolution within 60 days of notice receipt.

Claims cannot proceed to arbitration or court until this process is complete. Statutes of limitations are tolled during this period. Either party may seek interim relief in Oregon courts.

24. Arbitration and Class Action Waiver

24.1. Arbitration

Disputes not resolved under Section 23 will be resolved by binding arbitration through the American Arbitration Association (AAA) under its Consumer Arbitration Rules (www.adr.org). Arbitration occurs in Portland, Oregon, or a mutually convenient location. The arbitrator’s award is final, limited to monetary damages, and excludes punitive or injunctive relief (seek injunctive relief in Oregon courts).

24.2. Class Action Waiver

ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, NOT AS A CLASS ACTION OR REPRESENTATIVE PROCEEDING. No arbitration or litigation may combine claims without all parties’ consent.

24.3. Opt-Out

Within 30 days of agreeing to this Agreement, you may opt out of arbitration by sending a letter to Attn: Legal – Arbitration Opt-Out, Newtabforall LLC, P.O. Box, Portland, OR 97229, with your name, email, and opt-out statement. Opting out voids Section 24 but not other terms.

25. Mass Arbitration Procedures

If 25+ similar claims are filed against Eureka by coordinated counsel:

Stage 1: Each side selects 25 claims for individual arbitration. Remaining claims are paused, with no fees assessed until selected.
Mediation: After Stage 1, parties engage in global mediation with a neutral mediator (Eureka pays fees).
Stage 2: If unresolved, another 25 claims per side proceed, followed by mediation.
Post-Mediation: If claims remain, you or Eureka may opt out to Oregon courts, or 200 claims proceed in batches until resolved.

A Portland, Oregon court may enforce these procedures. Statutes of limitations are tolled during this process.

26. Governing Law and Venue

This Agreement is governed by Oregon law, without regard to conflict of laws principles. Non-arbitrated claims or small claims may be filed in state or federal courts in Portland, Oregon, where both parties consent to jurisdiction and venue.

27. Notices and Electronic Communications

Send notices to Newtabforall LLC, Attn: Legal, P.O. Box, Portland, OR 97229. We may notify you via Site postings, email, or mail to your account address. Notices are deemed received 24 hours after posting/email or 3 days after mailing. You consent to electronic communications meeting legal writing requirements.

28. California Consumer Notice

Under California Civil Code § 1789.3, California users may contact us with complaints at support@eurekalifestyle.com or Newtabforall LLC, Attn: Legal, P.O. Box, Portland, OR 97229. You may also contact California’s Complaint Assistance Unit at 1625 North Market Blvd., Sacramento, CA 95834, or (916) 445-1254.

29. International Use

The Site is operated from Oregon, USA. Products are sold globally, subject to local laws. You’re responsible for compliance with export controls and local regulations. For EU/UK customers, online purchases include a 14-day right to cancel (contact support@eurekalifestyle.com), per EU/UK consumer laws, excluding custom products.

30. Termination

We may terminate your access to the Site, account, or services for violations of this Agreement, fraud, or at our discretion. Sections 9, 10, 20-27, and 29 survive termination.

31. Contact Us

For questions or support, please contact:

Email: support@eurekalifestyle.com