IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

PLEASE READ THESE TERMS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS.

BY CLICKING “I AGREE,” COMPLETING A TRANSACTION, OR USING OUR SITE OR SERVICES, YOU AGREE TO RESOLVE ANY DISPUTES WITH EASTERLY THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR MASS ARBITRATIONS.

Terms of Service

Effective Date: July 2025

Welcome to Easterly! These Terms of Service ("Terms") apply to all customers and visitors accessing our website and purchasing from Easterly Co in the United States. By using our website (www.easterly.co) and related services, you agree to be bound by these Terms, our Privacy Policy, and any other policies we link to (together, the "Agreement"). If you do not agree, please do not use our website or services.

IMPORTANT SAFETY NOTICE

Our carts are not intended for transporting children, adults, or animals under any circumstances. Always follow the safety and assembly guidelines provided with your product. Misuse may void your warranty and result in damage or injury.

DISPUTE RESOLUTION & ARBITRATION

AGREEMENT TO INDIVIDUAL ARBITRATION AND WAIVER OF JURY TRIAL

We each agree that any dispute, claim, or controversy arising out of or relating to Easterly’s services, products, these Terms, including our Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof or the use of the services or content available on or through the Site (collectively, “Disputes”) will be settled by confidential binding individual arbitration, except that each party retains the right to:

(i) bring an individual action in small claims court; and

(ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an “IP Protection Action”) (either of the actions described in the foregoing clauses (i) and (ii) an “Excluded Claim”).

Any IP Protection Action must be brought in the state or federal courts located in San Francisco, California and both parties consent to jurisdiction in those courts.

YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL DISPUTES, EXCEPT FOR EXCLUDED CLAIMS, YOU ARE GIVING UP YOUR RIGHTS TO FILE A LAWSUIT IN COURT AND TO A JURY TRIAL. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

WAIVER OF CLASS ACTIONS, CLASS ARBITRATIONS, AND MASS ARBITRATIONS

YOU ACKNOWLEDGE AND AGREE THAT BOTH YOU AND EASTERLY MAY PROCEED IN ANY DISPUTE ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR CLASS ARBITRATION. By entering into these Terms of Use, independent of the agreement to arbitrate and waiver of class arbitration, you are giving up the ability to participate in or bring a class action in court for all claims, including but not limited to Excluded Claims. If this waiver of class actions and class arbitrations is deemed unenforceable, neither you nor Easterly is entitled to arbitration; instead all Disputes will be resolved in court. Further, unless we both otherwise agree in writing, you and Easterly waive the right to file any Dispute as part of a Mass Arbitration Filing. A “Mass Arbitration Filing” includes instances in which you or Easterly are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Easterly’s behalf, and the law firm or collection of law firms seeks to simultaneously arbitrate all arbitration demands. An arbitrator may not arbitrate any Mass Arbitration Filing or consolidate more than one person’s claims, and may not otherwise preside over any form of any mass or representative proceeding. If this waiver of Mass Arbitration Filings is held unenforceable, then neither you nor Easterly is entitled to arbitration; instead all Disputes will be resolved in court, subject to the class action waiver agreement noted above. This “Dispute Resolution” section will survive termination of these Terms.

ARBITRATION RULES

The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the “JAMS Procedures”), which are available at http://www.jamsadr.com or by calling 1-800-352-5267.

Except for Excluded Claims, an arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes relating to Easterly’s services and products, as well as all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, the arbitrability of any claim, as well as any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action. California law applies to any arbitration under these Terms, but we both agree that these Terms should be interpreted and enforced under the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) because they memorialize a transaction in interstate commerce. The sole jurisdiction and venue for any Excluded Claims or any other Dispute for which arbitration is denied for any reason will be an appropriate federal or state court with proper jurisdiction located in the County of San Francisco in the State of California.

DISPUTE NOTICE AND ARBITRATION PROCESS

Prior to initiating an arbitration proceeding, you must first send Easterly a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested (“Dispute Statement”). The Dispute Statement to Easterly must be emailed to hello@easterly.co. If we are unable to resolve your claim within thirty (30) days, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.

ARBITRATION LOCATION AND PROCEDURE

Unless the parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then: (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.

ARBITRATOR’S DECISION

The arbitrator’s decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Disclaimer of Warranties,” and “Limitations of Liability” sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Easterly will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

FEES

You and Easterly will share in the arbitration fees according JAMS rules.

TIME LIMIT FOR RESOLVING DISPUTES

The parties agree that any cause of action either may have with respect to the Site or our services, products, and Content must be commenced by submitting a Demand for Arbitration within one (1) year after the day on which the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states’ laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are acknowledging the waiver of any such rights you may have and agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to serve and file any Demand for Arbitration under this section, your claim will be barred and you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute. The terms of this Dispute Resolution section survive any termination of these Terms.

RIGHT TO OPT-OUT OR REJECT FUTURE CHANGES TO DISPUTE RESOLUTION SECTION

You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by email to hello@easterly.co, within thirty (30) days of your first visit to and use of the Site that specifies your: (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not so opt-out, then the terms of this “Dispute Resolution” section will apply. Notwithstanding the provisions of “Changes to Terms of Use” section above, if Easterly changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may opt out of the updated “Dispute Resolution” section by sending Easterly written notice (including by email to hello@easterly.co) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. If you reject any updated “Dispute Resolution” section, we will arbitrate any Dispute between you and Easterly in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted the “Dispute Resolution” section of these Terms.

BEFORE YOU PURCHASE

• You must be 18 years old or have parental consent to make a purchase.
• Please ensure all personal information you provide is accurate and current.
• Promotional codes must be applied at checkout—we can’t add them after the fact.
• Once an order is placed, it cannot be canceled.
• We do our best to ensure that all product descriptions, pricing, and availability are accurate—but errors can occur, and colors may appear differently on your screen.

AFTER YOUR PURCHASE

• For missing, late, or damaged deliveries, please contact the shipping provider listed in your confirmation email.
• Report defective or damaged products within 48 hours to hello@easterly.co. For warranty claims, refer to our Warranty Policy.
• Do not share any private business correspondence or confidential information without our written permission.
• We expect all disputes to be handled privately and respectfully.

SHIPPING & DELIVERY

• We ship within the continental U.S. only, from our fulfillment center in California.
• We do not deliver to P.O. boxes.
• Shipping costs are calculated based on your order size and location.
• Bulk or multi-cart orders may require a custom shipping quote.

RETURNS & WARRANTY

• We accept returns only for defective or damaged items.
• Change-of-mind returns are not accepted.
• We are not responsible for damage caused by misuse, improper assembly, or unauthorized modifications.
• Full warranty terms are available at www.easterly.co.

WEBSITE USE & USER CONDUCT

By visiting www.easterly.co, you agree to:

• Use the site for personal, non-commercial purposes only.
• Not reproduce, duplicate, copy, sell, or exploit any portion of the site without written permission.
• Respect our intellectual property rights. All content—including text, images, logos, designs, videos, and trademarks—is owned or licensed by Easterly and protected under U.S. intellectual property laws.
• Refrain from any unlawful or prohibited behavior, including posting abusive, defamatory, misleading, or unauthorized content.
• Avoid uploading viruses, malware, or engaging in disruptive behavior.
• Use any third-party software or links at your own risk. We do not endorse or guarantee third-party platforms linked from our site.
• We reserve the right to suspend or terminate your access to the site if you breach these terms.

FEEDBACK & CONTENT SUBMISSION

By tagging or sharing content with us (e.g. @easterly.unbound), you grant us a royalty-free, worldwide license to use, publish, and promote that content in our marketing. If you wish for content to be removed, email us at hello@easterly.co.

LIMITATION OF LIABILITY

To the fullest extent permitted by law:

• Easterly is not liable for indirect, incidental, or consequential damages, including loss of profits, data, or goodwill.
• We are not liable for damages resulting from your misuse of our products or failure to follow usage guidelines.
• Risk of loss transfers to you upon shipment.
• In all cases, our total liability is limited to the purchase price of the product in question.

PRIVACY

Your use of our website and services is governed by our U.S. Consumer Privacy Policy. By using our site, you consent to our collection, use, and disclosure of your personal information as outlined in that policy. Please review it at www.easterly.co.

DEFINITIONS

• "Easterly," "we," "us," or "our" refers to BeYonda Pty Ltd, trading as Easterly Co.
• "You" means the individual accessing or purchasing from our site.
• "Products" refers to any items sold through www.easterly.co.
• "Content" means any materials, text, graphics, videos, or other media on our site.
• "Force Majeure" refers to events beyond our control that prevent us from fulfilling obligations (e.g. natural disasters, strikes).

CONTACT US

We’re a small team and always happy to help. For questions, email us at hello@easterly.co