Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Ebana Holdings LLC, a Limited Liability Company registered in the State of Wyoming, United States ("Company," "we," "us," or "our"), concerning your access to and use of the ebanaholdings.com website and any related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. Company Information

• Legal Name: Ebana Holdings LLC
• Entity Type: Limited Liability Company (LLC)
• State of Registration: Wyoming, United States
• Jurisdiction: United States of America
• Contact Email: contact@ebanaholdings.com
• Website: ebanaholdings.com

3. Business Description

Ebana Holdings LLC operates as a holding company that manages and oversees a portfolio of direct-to-consumer e-commerce brands. Our portfolio brands operate under various trade names (DBAs) and specialize in women's natural health, wellness products, and informational resources. Each portfolio brand may maintain separate websites, terms of service, and customer agreements specific to their products and services.

4. Use of Services

4.1 Eligibility

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4.2 Account Registration

Certain features of our Services may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4.3 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
• Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services
• Use any automated system, including "robots," "spiders," or "offline readers," to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period
• Transmit or procure the sending of any advertising or promotional material without our prior written consent
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity

5. Payment Terms

5.1 Portfolio Brand Transactions

While this corporate website does not directly process transactions, our portfolio brands operating under various DBAs may sell products and services. Each portfolio brand maintains its own payment processing, terms of sale, refund policies, and customer service procedures.

5.2 Payment Processing

Payments for products and services offered by our portfolio brands are processed through third-party payment processors. All payment transactions are subject to the terms and conditions of those payment processors in addition to our portfolio brands' individual terms of sale.

5.3 Pricing and Availability

All prices are stated in United States Dollars (USD) unless otherwise specified by individual portfolio brands. We reserve the right to modify prices at any time. Product and service availability may vary by brand and region.

5.4 Billing Information

You agree to provide current, complete, and accurate purchase and account information for all transactions made through our portfolio brands. You agree to promptly update your account and payment information as necessary.

6. Refunds and Cancellations

Refund and cancellation policies vary by portfolio brand and product type. Each brand maintains its own specific refund policy, which will be clearly disclosed at the time of purchase. For refund inquiries, please contact the specific brand from which you made your purchase, or email contact@ebanaholdings.com for assistance in routing your inquiry.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Services and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, logos, trademarks, and the design, selection, and arrangement thereof) are owned by Ebana Holdings LLC, its portfolio brands, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Trademarks

"Ebana Holdings" and "Ebana Holdings LLC" and our portfolio brands' names, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Ebana Holdings LLC or its affiliates or licensors. You may not use such marks without our prior written permission.

7.3 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use only.

8. User Content

8.1 Content You Provide

If you submit, post, or transmit any content to the Services ("User Content"), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content.

8.2 Content Responsibility

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary rights to use and authorize us to use all User Content as described in these Terms.

9. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

We comply with applicable data protection laws, including but not limited to the California Consumer Privacy Act (CCPA) where applicable.

10. Third-Party Websites and Services

The Services may contain links to third-party websites or services that are not owned or controlled by Ebana Holdings LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services.

11. Disclaimer of Warranties

12. Limitation of Liability

13. Indemnification

You agree to defend, indemnify, and hold harmless Ebana Holdings LLC and its subsidiaries, affiliates, portfolio brands, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Services
• Your violation of any rights of another party
• Your violation of any applicable laws, rules, or regulations
• Any User Content you provide
• Any transactions made through our portfolio brands

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming and the federal laws of the United States, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Wyoming for the purpose of litigating all such claims or disputes.

14.2 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Wyoming before one arbitrator. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") then in effect, except as modified by this Section.

14.3 Arbitration Procedures

The arbitrator shall have exclusive authority to resolve all disputes, including but not limited to disputes concerning the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.

14.4 Class Action Waiver

14.5 Exception for Small Claims

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies.

14.6 Exception for Intellectual Property Claims

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights.

15. Termination

15.1 Termination by Us

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15.2 Effect of Termination

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services and contact us at contact@ebanaholdings.com.

16. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes to these Terms, we will provide notice by updating the "Last Updated" date at the top of these Terms and, where appropriate and required by law, by providing additional notice (such as adding a statement to our homepage or sending you an email notification).

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

17. Severability and Waiver

17.1 Severability

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

17.2 Waiver

No waiver by Ebana Holdings LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ebana Holdings LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms published by us on the Services, constitute the entire agreement between you and Ebana Holdings LLC regarding the use of the Services and supersede all prior and contemporaneous written or oral agreements between you and Ebana Holdings LLC.

19. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

20. Electronic Communications

By using the Services, you consent to receive electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

21. Force Majeure

Ebana Holdings LLC shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

22. Compliance with Laws

You agree to comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your use of the Services. We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate.

23. Export Controls

The Services may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

24. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Services, please contact us at: