Terms of Service

Overview

This website is run by Everdries. Wherever the words “we”, “us” and “our” appear on the site, they refer to Everdries. Everdries makes this website, together with all information, tools and services available on it, available to you, the user, on the condition that you accept all of the terms, conditions, policies and notices set out here.

When you visit our site and/or buy something from us, you are using our “Service” and you agree to be bound by the terms and conditions below (“Terms of Service”, “Terms”), including the additional terms, conditions and policies referred to here and/or available by hyperlink. These Terms of Service apply to every user of the site, including, without limitation, browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before you access or use our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any of its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store are also subject to the Terms of Service. You can see the most recent version of the Terms of Service on this page at any time. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. If you keep using or accessing the website after changes are posted, you accept those changes.

Our store is hosted by Shopify Inc., which provides the online e-commerce platform that lets us sell our products and services to you.

Section 1 - Online store terms

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority there and have given us consent for any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, and you may not, in using the Service, break any laws in your jurisdiction (including, but not limited to, copyright laws).

You must not transmit any worms, viruses or code of a destructive nature.

Any breach or violation of the Terms will result in the immediate termination of your Services.

Section 2 - General conditions

We reserve the right to refuse service to anyone, for any reason, at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

The headings in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

Section 3 - Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied on, or used as the sole basis for decisions, without consulting primary, more accurate, more complete or more timely sources. You rely on the material on this site at your own risk.

This site may include some historical information. Historical information is, by nature, not current and is provided for your reference only. We reserve the right to change the contents of this site at any time, but we have no obligation to update any information on it. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modifications to the Service and prices

Prices of our products may change without notice.

We reserve the right to modify or discontinue the Service (or any part or content of it) at any time without notice.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - Products or services (if applicable)

Some products or services may be available only online through the website. These products or services may be available in limited quantities and can be returned or exchanged only in accordance with our Refund Policy.

We have made every effort to show the colors and images of our products as accurately as possible. We cannot guarantee that your computer monitor will display any color accurately.

We reserve the right, but are not obliged, to limit sales of our products or Services to any person, geographic region or jurisdiction, and we may exercise this right case by case. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and pricing may change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material you purchase or obtain will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may try to notify you by contacting the email and/or billing address/phone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for every purchase made at our store. You agree to update your account and other information promptly, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you when needed.

For more details, please see our Refund Policy.

Section 7 - Optional tools

We may give you access to third-party tools that we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use you make of optional tools offered through the site is entirely at your own risk and discretion, and you should make sure you are familiar with and approve of the terms on which the relevant third-party provider(s) offer them.

We may also offer new services and/or features through the website in the future (including new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

Section 8 - Third-party links

Some content, products and services available through our Service may include materials from third parties.

Third-party links on this site may take you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third party.

Section 9 - User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example, contest entries), or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (together, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you send us. We are and will be under no obligation (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but are not obliged to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for any comments you make and for their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 10 - Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 - Errors, inaccuracies and omissions

From time to time, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).

We have no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to mean that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited uses

In addition to the other prohibitions set out in the Terms of Service, you may not use the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or take part in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code that will or may be used in any way that affects the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results obtained from using the Service will be accurate or reliable.

You agree that we may remove the Service for indefinite periods from time to time, or cancel it at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through it are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no case shall Everdries, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products obtained through it, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of using the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions our liability will be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless Everdries and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party because of or arising from your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or of the rights of a third party.

Section 15 - Severability

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be considered severed from these Terms of Service. Such a finding will not affect the validity and enforceability of the remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred before the termination date will survive the termination of this agreement for all purposes.

These Terms of Service remain in effect unless and until terminated by you or by us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part of them).

Section 17 - Entire agreement

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or relating to the Service make up the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in interpreting these Terms of Service will not be construed against the drafting party.

Section 18 - Governing law

These Terms of Service and any separate agreements under which we provide you Services are governed by and construed in accordance with the laws of the United States.

Section 19 - Changes to Terms of Service

You can review the most current version of the Terms of Service on this page at any time.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. If you continue to use or access our website or the Service after changes to these Terms of Service are posted, you accept those changes.

Section 20 - Contact information

Please send any questions about the Terms of Service to contact@gowcommerce.com.