Terms Of Service

OVERVIEW

This website is operated by Evory. Throughout the site, the terms “we”, “us” and “our” refer to Evory. Evory offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including additional terms and policies referenced herein or posted on our website. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

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

Any new features or tools added to the current store are also subject to these Terms. We reserve the right to update, change, or replace any part of the Terms by posting updates on this page. Your continued use of the website following any changes constitutes acceptance of those changes.

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

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority and you have given us consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your access to the 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 involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
Headings used in this agreement are included for convenience only and will 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. Material on this site is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, more complete, or more timely sources. Any reliance on the material on this site is at your own risk.
Historical information may be provided for reference only. We may modify contents at any time, but have no obligation to update information. You agree it is your responsibility to monitor changes.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online. These products or services may have limited quantities and are subject to return or exchange only according to our Return & Refund Policy.
We make every effort to display as accurately as possible the colors and images of our products; we cannot guarantee that your monitor’s display of any color will be accurate.
We reserve the right to limit sales of our products or services to any person, geographic region, or jurisdiction, and to limit quantities. All descriptions or pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained 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. We may limit or cancel quantities purchased per person, per household, or per order, including orders placed under the same account, the same credit card, and/or orders using the same billing or shipping address. If we change or cancel an order, we may attempt to notify you via the email and/or billing address/phone number provided at the time the order was made. We may limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information and to promptly update such information (including email and payment details) so we can complete your transactions and contact you as needed.
For more details, please review our Return & Refund Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools over which we neither monitor nor have control. You acknowledge that we provide access to such tools “as is” and “as available” without warranties of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use by you is entirely at your own risk and discretion.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating content or accuracy and will not have any liability for third-party materials or websites, or for any other materials, products, or services of third parties. Review the third party’s policies and practices before engaging in any transaction. Complaints or issues regarding third-party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send submissions (e.g., contest entries) or, without a request, you send creative ideas, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We have no obligation (1) to maintain comments in confidence; (2) to pay compensation; or (3) to respond.
We may, but have no obligation to, monitor, edit, or remove content we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates intellectual property or these Terms.
You agree your comments will not violate any right of any third party and will not contain unlawful, abusive, or obscene material, malware, or misleading information. You are solely responsible for any comments you make and their accuracy.

SECTION 10 – PERSONAL INFORMATION

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

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update or clarify information except as required by law.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any laws or regulations; (d) to infringe intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit malware; (h) to collect or track 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 security features. We reserve the right to terminate your use of the Service for violating any prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free, or that results will be accurate or reliable. You agree that we may remove the Service for indefinite periods or cancel the Service at any time, without notice.
You expressly agree that your use of the Service is at your sole risk. The Service and all products delivered through the Service are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Evory, 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 lost profits, revenue, savings, data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products, or for any other claim related in any way to your use of the Service or any product.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Evory 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 due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. The validity and enforceability of remaining provisions shall not be affected.

SECTION 16 – TERMINATION

Obligations and liabilities incurred prior to termination shall survive termination. These Terms are effective unless and until terminated by either you or us. You may terminate at any time by notifying us or when you cease using the site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term, we may 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.

SECTION 17 – ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguities in interpretation shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of [INSERT YOUR STATE], United States, without regard to conflict of law principles.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Business Email: support.evory@gmail.com
Support Hours: Monday to Friday, 9 am – 5 pm (EST)