Terms and Conditions
Last Updated: 11/13/2023
IF YOU PURCHASE FLY PREDATORS PLEASE NOTE YOUR PURCHASE IS SUBJECT TO YEARLY AUTOMATIC RENEWAL. SEE BELOW FOR DETAILS.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS.
YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH Eco Insects Solutions, LLC dba Spalding Labs, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These Terms of Service (these “Terms”) apply to the purchase and sale of products and services through spalding-labs.com (the “Site”). These Terms are subject to change by Eco Insects Solutions, LLC dba Spalding Labs (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated” date referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated” date will constitute your acceptance of and agreement to such changes.
Site Terms of Use. These Terms are an integral part of the Site’s Terms and Conditions that apply generally to the use of our Site. You should also carefully review our privacy policy before placing an order for products or services through this Site.
Privacy. We respect your privacy and are committed to protecting it. Our privacy policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Prices and Payment Terms. Certain of our Services, including the purchase of any products or subscriptions 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 Services section below). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
An order submitted by you constitutes a legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to these Terms, at the price and on the terms stated when you sign up or place your order. All orders are subject to acceptance by us. Your order will not be considered accepted until we have received payment of the purchase price of your order. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records.
Prices posted on this Site may be different from prices offered elsewhere. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We use a third-party payment processor, Braintree, (the “Payment Processor”) to bill you through a payment account linked to your account on the Site (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. We are not responsible for errors by the Payment Processor. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. You represent and warrant that (i) information you supply to us for your Payment Method is true, correct, and complete, (ii) you are duly authorized to use the selected Payment Method for the purchase, (iii) charges incurred by you will be honored by your chosen payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Automatic Renewal and Recurring Billing Services.
If you pay one-time in the first year of your subscription it will convert to monthly payment in subsequent years of your subscription. If you pay per shipment in the first year of your subscription this will continue in subsequent years.
Some of the Paid Services 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 or auto-renewing services (“Subscription Services”). The Subscription Services give you the ability to specify how regularly you would like to order any auto-replacing products or auto-renewing services. 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 (“Subscription Period”), at the then-current non-promotional rate.
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. If you authorize us to automatically renew the Subscription Service, then you are agreeing that: (1) you are the authorized user of the
Payment Method selected; (2) you authorize us to initiate charges to the Payment Method automatically (an automatic payment) for the Payment Method you have on-file with us (a) on or after the date the Subscription Service is set to renew, (3) your authorization will remain in effect until you revoke it as provided below; (4) the amount of the renewal amount may change from time to time in our discretion, and will be included on a billing statement or other notice sent to you before the date on which the charges for the Subscription Service will be charged or debited; (5) we can cancel your authorization or change these terms upon 30 days’ notice; (6) we are authorized to obtain updated or replacement expiration dates and card numbers for your Payment Method as provided by your credit or debit card issuer.
Cancelling Subscription Services. You may cancel Subscription Services by calling 888-562-4241 or emailing info@spalding-labs.com. Please allow up to 10 days to process your cancellation request. To avoid additional charges, you must cancel at least 7 days prior to the end of your current Subscription Period. If you terminate a Subscription Service, your subscription will not be renewed after your then-current Subscription Period 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 REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, OR TO CHANGE YOUR PAYMENT METHOD OR SUBSCRIPTION SERVICES, GO TO YOUR ACCOUNT, OR CONTACT US AT THE EMAIL ADDRESS OR TOLL-FREE NUMBER LISTED ABOVE.
Billing Account Information. You must provide current, complete and accurate information for your Billing Account. You must keep your Billing Account information current, complete and accurate and promptly update your information if it changes (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 Billing Account. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Changes in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. If, on receipt of such notice, you do not wish to continue with the purchase, you may cancel at any time before the scheduled date of renewal of your Subscription Period. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service (including, without limitation, Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage or as otherwise described when you initially selected to use the Paid Service.
Coupon Codes. 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 generally 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. We reserve the right to change or limit coupon codes in its sole discretion.
Free Trials and Other Promotions. 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. You will be required to have a valid Payment Method on file in order to initiate a Trial Offer. You must stop using a Paid Service before the end of the Trial Offer period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Paid Service, please contact us at info@spalding-labs.com. 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.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Unless otherwise stated at the time you place your order, title and risk of loss pass to you upon delivery to the shipping address you specified when you placed the order, provided full payment of all sums due in respect of the product(s), including any delivery charges, has been received. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds. Fly predators are a live insect and therefore we cannot accept as a return. For products other than Fly Predators we will replace if damaged or defective upon arrival.
We will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call 888-562-4241 or email info@spalding-labs.com. You are responsible for all shipping and handling charges on returned items.
If you prepay, you may cancel at any time and receive a full refund for all unshipped shipments.
Refunds are processed within approximately 7 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. Please note that we cannot offer refunds, exchanges or customer service for products that have been acquired from an unauthorized reseller, including, but not limited to, any seller on Amazon, eBay or similar online marketplaces.
Limitation of Liability.THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY [LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY] CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
What Can You Do in Case of a Dispute with Us. The informal dispute resolution procedure detailed in the “Dispute Resolution and Binding Arbitration” section is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law. The Site is operated from the U.S. [Subject to the Dispute Resolution Section below,]All matters arising out of these Terms are governed by and construed in accordance with the laws of the [State of], without regard to conflicts of laws provisions. [The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.]
Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
Agreement to Arbitrate: You and Seller agree to resolve any legal disputes or claims arising out of or related to these Terms (including without limitation claims related to the use of the Site, your purchase of products or services through the Site, the interpretation, enforceability, revocability, or validity of the Terms, or the arbitrability of any dispute), that cannot be resolved informally by final and binding arbitration. This agreement to arbitrate does not preclude either party from seeking injunctive relief in a court of law in accordance with applicable law. 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 these Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned.
What is arbitration: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.
Arbitration Procedures: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “Arbitration Rules”) then in effect, except as modified by this Section. If there is a conflict between the Arbitration Rules and the rules set forth in this Dispute Resolution Section, the rules set forth in this Section will govern.
To initiate arbitration, you or Seller must send a demand for arbitration in accordance with the Notice Section of these Terms. The demand must include a description of the claim and the amount of damages sought to be recovered.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitrator may require, as part of his or her decision, reimbursement of all or a portion of the prevailing party's costs and expenses by the other party.
Arbitration under these Terms may be conducted by telephone or may be held in the United States county where you live or work, Delaware, or any other location we mutually agree to, subject to Delaware law.
Authority of Arbitrator: The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and Seller and may be entered as a judgment in any court of competent jurisdiction.
Small Claims Court, No Class Actions: You may elect to pursue your claim in small-claims court rather than arbitration if your claim meets the requirements to be heard in a small claims court and you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree that you shall bring any claim, action or proceeding arising out of or related to these Terms in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SELLER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IN ANY FORUM, INCLUDING WITHOUT LIMITATION CLASS-WIDE ARBITRATION AND PRIVATE ATTORNEY-GENERAL ACTIONS. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Opt-Out of Agreement to Arbitrate: You can decline this agreement to arbitrate by emailing Seller at the email address in the Notice Section of these Terms and providing the requested information as follows: (1) Your Name; (2) the URL of these Terms; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in these Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the Governing Law Section. Your written notification must be mailed to us at the address set out at the end of these Terms. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Dispute Resolution Section, including, without limitation, the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms after the date of your first acceptance. If we make any changes to this Dispute Resolution Section (other than a change to the address at which we will receive notices or rejections of future changes to this Section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to email address set out in the Notice Section. It is not necessary to send us a rejection of a future change to this Section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this 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 Dispute Resolution Section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Terms; 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 Section shall not affect the other arbitration agreements between you and us.
If any provision of this Dispute Resolution Section is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. This Section, including, without limitation, the arbitration agreement and class action waivers contained herein, will survive the termination of your relationship with us.
Modifications. 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 of 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.
Assignment. You may not assign these Terms, in whole or in part, or any of its rights or obligations hereunder whether by operation of law or otherwise without the prior written consent of Seller. Any such attempted assignment or delegation by you without prior written consent shall be void. Seller may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
No Waiver. The failure of Seller to exercise or enforce any right or provision set out in these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by Seller must be in writing and signed by an authorized representative of Seller.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Notices
To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. 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, unless mandatory applicable laws specifically require a different form of communication. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to Spalding Labs, PO Box 778000, Henderson, NV 89077 or (ii) by email at info@spalding-labs.com. We may update our email or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Severability. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement. Our order confirmation, these Terms, and privacy policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.