Términos del servicio

OVERVIEW

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through everettavery.com (the “Site”). These Terms are subject to change by the Company (referred to as “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, but you should review these Terms before purchasing any product or services that are available through this Site, as Terms and services are subject to change. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. These terms are an integral part of the Website Terms of Use 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.

SECTION 1 - ONLINE STORE TERMS
You may not order or obtain products or services from our Site if you (a) do not agree to these terms and conditions, (b) are not older than (i) 18 years of age, or (ii) the legal age to form a binding contract with the Company, or (c) intend to use the products or services for illegal or unauthorized purpose that may violate any laws in your jurisdiction (including but not limited to copyright laws).

SECTION 2 – PRICES AND PAYMENT TERMS

All prices 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 may not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise
total. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment
must be received by us before our acceptance of an order. We accept debit and credit cards (Visa, Mastercard, and Discover), as well as online payment methods for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 3 - SHIPMENTS, DELIVERY, TITLE, AND RISK OF LOSS
You agree to pay all shipping and handling charges specified during the ordering process. Further you agree that all title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

SECTION 4 – RETURNS AND REFUNDS
Not all items are returnable. Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. If an item is
returnable, 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 and provided such products are returned in their original condition.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide
you with proof of delivery for your protection.

SECTION 5 – PRIVACY

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. For more information, please visit everettavery.com/policies/privacy-policy. That said, you acknowledge and agree 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.

Our Store is hosted by Shopify, and Shopify collects and processes your customers' Personal Data, for purposes including but not limited to, providing the Enhanced Services. Information submitted by customers to the Store will be shared with Shopify as well as third parties that may be located in other countries, in order to provide services to such users, including but not limited to the Enhanced Services. Customers may opt out or object to Shopify processing their data for certain use cases, depending on their jurisdiction by going to https://privacy.shopify.com/en or clicking here.

SECTION 6 - PRODUCTS OR SERVICES
We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. All decisions shall be made on a case-by-case basis. Similarly, we reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change, at any time, with or without notice, and at our sole discretion. This includes the discontinuing of any product or service at any time.

Further, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. All sales are “as is,” and deemed final. That said, we have made every effort to display our product accurately in like image, color, or form as it appears in our store.

SECTION 7 - OPTIONAL TOOLS
Our Site provides access to third-party tools. We do not monitor, control, or have input on any third-party tool advertised or included in your purchase. You acknowledge that any third-party tool purchased by you is purchased “as is” without any warranties, representations, or conditions of any kind and without any endorsement from us. You further agree to absolve the Company of liability arising from or relating to you use of any third-party tool(s).

Furthermore, any use by you of a third-party tool is optional, and shall be used at your own risk and discretion. Safety is our upmost concern, please familiarize yourself of any and all terms and condition provided by the relevant third party. We may offer new Services or features through the Site (including the release of new tools and resources).
All new Services and features shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY PRODUCTS
Our Site contains third-party links directing you to a third-party website not affiliated with us. As such, we make no representation or warranty to the content, accuracy, or suitability of any third-party vendor or its product. Likewise, if you purchase a third-party product, you agree to hold us harmless for any liability, harm, or damage 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 carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products
should be directed to the third-party.

SECTION 9 – PROMOTIONAL EVENTS, USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If at our request, you send submissions (for example, contest entries in a promotional event) to us, you agree to relinquish your rights, if any, in that submission, and/or agree to assign all intellectual property of the submission to us.

Further, we retain the right to monitor, edit, or remove any content on our Site, at our sole discretion. This includes removing offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable material. To participate in any promo or event offered by us, you agree that all online comments shall not violate the rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other
malware that could in any way affect the operation of the Service or any related website. You agree not to use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We assume no responsibility or liability for any comments posted by you or any third-party.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
The Site may include information that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We undertake 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 indicate that all information in the Service or on any related website has been modified or updated.

SECTION 11 – PROHIBITED PRODUCT USE
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.

SECTION 12 - PROHIBITED SITE USE
In addition to other prohibitions as set forth in the Terms and Conditions, you are further prohibited from using our Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights 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 type of malicious code that will or may be used in any way that will affect 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 – LIMITED WARRRANTY
We make no warranty of merchantability or fitness on any Product of Service. Some states do not allow such limitation. As such, our responsibility for defective products or services is limited to repair, replacement, or refund as set forth herein. Neither any performance or other conduct, nor any oral or written information, statement or advice provided by us or any of our suppliers, agents or employees will create a warranty, or in any way increase the scope or duration of this limited warranty.

SECTION 14 – 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.

SECTION 15 - INDEMNIFICATION
By purchasing are products and services, you agree to indemnify, defend, and hold harmless Everett & Avery Co., including any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or 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 cease 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 also 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 accordingly may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT
These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

SECTION 19 - GOVERNING LAW AND JURISDICTION
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Idaho without giving effect to any choice or conflict of law provision or rule (whether of the State of Idaho or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Idaho.

SECTION 20 - CHANGES TO TERMS OF SERVICE
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 to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 – NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

SECTION 22 - CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to info@everettavery.com, or contact our office directly by mail:
Everett & Avery Co
info@everettavery.com
2040 Cascade Dr. Idaho Falls, ID 83401