THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES OR PURCHASE OF PRODUCTS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED “AGREEMENT TO ARBITRATE”. THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY REGARDLESS OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.
Welcome to EverAfterArt.com, a website owned and operated by Essence of Life, Inc. By accessing the Service or purchasing any Products, you agree to be bound by all the following terms and conditions (as amended, modified, updated, and supplemented from time to time, these “Terms”). As you read these Terms, you should also access and read the linked information.
These Terms are entered into between you and Essence of Life, Inc. and govern your access to and use of the Service and purchase of Products, including any content, services, and functionality offered on or through the Service, whether as a guest or a registered user. These Terms impose legal obligations on you and us.
This Service is offered and available to users who are 18 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet these requirements, you must not access or use the Service.
Interpretation and Definitions
All capitalized terms in these Terms have the meanings set forth below. The following defined terms have the same meaning regardless of whether they appear in singular or in plural form.
For the purposes of these Terms:
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interests, or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us", or "Our" in these Terms) refers to Essence of Life, Inc., 4524 SE 16th Pl, Unit 4, Cape Coral, Florida 33904, USA.
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Feedback means feedback, innovations, or suggestions sent by you regarding the attributes, performance, or features of our Service or Products.
Mobile Application means a mobile application used to access and use the Service.
Mobile Services means certain software and services that are available via a mobile device, including: (i) the ability to upload data to the Service via a mobile device; (ii) the ability to use the Service from a mobile device; and (iii) the ability to access certain features through a Mobile Application downloaded from the Service and installed on a mobile device.
Orders mean a request by you to purchase Products from us.
Products refer to the items offered for sale on the Service.
Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
Service refers to this Website, any mobile application, together with any services, tools, features, software, and functionality made available by the Company.
Terms mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
Third-Party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
Website refers to EverAfterArt, accessible from everafterart.com.
Additionally, throughout these terms, “you” means the individual accessing or using the Service, or the company or other legal entity on behalf of which the individual is accessing or using the Service, as applicable.
Availability, Errors, and Inaccuracies
We are constantly updating our offerings on the Service. The Products available on our Service might be mispriced, described inaccurately, or unavailable, and we might experience delays in updating information regarding our products on the Service and in our advertising on other websites and elsewhere. The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on the information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We reserve the right to withdraw or amend this Service and any service or products we provide on the Service in our sole discretion and without notice. We will not be liable if for any reason all or any part of this Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service or the entire Service, to users, including registered users.
We make efforts to accurately display images on the Service. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
This Service may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
The Company reserves the right to revise its prices, discounts, and promotions at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company. In that event, you will have the right to cancel your Order.
The price charged for Goods will be the price in effect at the time the Order is placed and will be set out in your order confirmation. 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 in your Order confirmation email. We strive to display accurate price information, however we might, 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. The Company may offer multi-currency enabled transactions, which means you may select the currency of your choice at checkout.
We may offer from time-to-time promotions on the Service 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.
Placing Orders for Products
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SERVICE 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 THE COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SERVICE OR ANY OF THIS SERVICE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
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.
If you wish to place an Order for Products available on the Service, you may be asked to supply certain information relevant to your Order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting that information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your Order.
You represent and warrant that: (i) you have the legal right to use any credit or debit cards or other payment methods in connection with any Order; (ii) the information you supply to us is true, correct and complete; (iii) charges incurred by you will be honored by your credit or debit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
We reserve the right to refuse or cancel your Order at any time for certain reasons including but not limited to:
- Product availability
- Errors in the description or prices for Products
- Errors in your Order
We reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected.
All Products purchased are subject to a one-time payment. Unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an Order. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards, or online payment methods (PayPal, for example). The Company reserves the right to obtain validation of your credit or debit card details before accepting an Order.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your Order.
If the Company does not receive payment from your credit card on file or if your payment is rejected, you agree to pay all amounts due upon demand and also any fees or charges incurred by the Company for the rejected payment. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to overdraft, insufficient funds, and over the credit limit fees.
You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your credit card or debit card account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the Products to you. Please check the [order] 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. We reserve the right to ship partial orders.
Risk of loss passes to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Time for delivery will not be of the essence for this agreement and the Company will not be liable for any loss or expense sustained by you arising from any delay in the delivery of the Products, howsoever caused. Notwithstanding delivery and the passing of risk in the Product, title to the Products will not pass from the Company to you until the Company has received full payment of the price and all other sums that are due, owing, or payable by you to us under these Terms.
You must inspect the Products upon delivery and, in the case where a Product has been delivered by courier, sign the required proof of delivery document or collection acceptance document if required. A signature on that document will constitute conclusive evidence against you of receipt of the quantity of Products indicated on that document free from any apparent defect or damage. If the Products are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by you or on your behalf. If you wrongfully fail to take delivery of the Product, we are under no obligation to refund the price paid.
Returns and Refunds
All Products purchased are non-returnable and the purchase price paid is non-refundable unless the Products are damaged upon receipt by you. If the Product you receive is damaged, we will accept a return of the Product for a refund of your purchase price, plus the original shipping and handling costs, provided the return is made within seven days of receipt with valid proof of purchase and provided the Product is returned in the condition in which you received it. You should also include all the product instructions, documents, and wrappings. Products that are damaged after delivery to you or not in the same condition as you received them or that are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Products while they are in your possession.
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.
Refunds are processed within approximately 20 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 Service.
Goods Not for Resale or Export
You represent and warrant that you are buying Goods from the Service for your own personal or household use only, and not for resale or export.
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 the failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, storm, lightning, tornado, hurricane, windstorm, landslide, earthquake, explosion, governmental law, actions, or orders, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, acts of the public enemy, arrest and distraint of rulers and people, national or regional emergency, revolution, insurrection, virus, epidemic, pandemic, lockouts, strikes, boycotts, labor slowdowns or stoppages, or other labor disputes (whether or not relating to our workforce) or industrial disturbances, embargoes or blockades, 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.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate suspension or termination of your Account.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures or the procedures of any Third-Party Social Media Service, you are responsible for safeguarding that information, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Service or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for all activities or actions under your Account.
You may not use as a username the name of another person or entity or a name that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
We may use third parties to provide certain services accessible through the Service. These third parties may have their own terms of service and other policies with which you must comply. If any such terms or policies conflict with these Terms, or any other agreements or policies referenced in the Service, you must comply with these Terms, and those other agreements and policies, as applicable.
The Company maintains the Service for your personal purchases, entertainment, and information. All commercial use of all or part of the Service is prohibited and may breach intellectual property laws and other laws worldwide. Provided you comply with these Terms, we grant you the right to access all public areas of the Service for the purpose of learning more about our Products. Apart from these express rights to use the Service, you may not use, copy, modify, distribute, or access the Service, or any materials made available on the Service. The Company reserves all rights with respect to the Service except those expressly granted to you in this Permitted Uses provision.
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the USA or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- Use any device, software, or routine that interferes with the proper working of the Service or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or that, as determined by us, may harm the Company or users of the Service or expose them to liability.
- To publish any Service material in any media.
- To sell, sublicense, or otherwise commercialize any Service material.
- To publicly perform or show any Service material.
- To engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Service or while using this Service.
- To post, upload, publish, submit, or transmit any text, graphics, images, software, music, audio, video, information, or other material that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, intellectual property rights, or other third party rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, plagiarized, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; (viii) breaches any duty of confidentiality by which you are bound due to a contractual or fiduciary relationship; or (ix) promotes illegal or harmful activities, products, or substances.
Additionally, you agree not to:
- Use, display, mirror, or frame the Service or any individual element within the Service, the Company’s name, any intellectual property of the Company, or other proprietary information, or the layout and design of any page or form contained on a page without the Company’s express written consent.
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service or the Products.
- Attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of its providers or any third party to protect the Service, the content, or the Company’s intellectual property.
- Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
- Introduce any viruses, Trojan horses, worms, malware, exploits, root kits, keyloggers, adware, time bombs, cancelbots, logic bombs, or other material or computer programming routines that are malicious, technologically harmful, or are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any data, system, or personal information.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Service.
- Collect or use any personally identifiable information, including without limitation account names, email addresses, or other user submissions from the Service, nor use the communication systems provided by the Service for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Service.
You may not collect or use information contained on the Service for any prohibited purpose, to compete with us, to create derivative works based on the content of the Service, or download or copy the Service.
The Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that the Company has no obligation to monitor your access to or use of the Services or to remove any content but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
Your Feedback to Us
You assign all rights, title, and interest in any Feedback you provide the Company. If for any reason that assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit your Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. If the Service contains links to other sites and resources provided by third parties (whether through advertisements, sponsored links, or otherwise), these links are provided for your convenience only and the inclusion of a link does not imply approval, recommendation, or endorsement by the Company. The Company does not warrant that those websites will be free of computer viruses or other harmful code that can impact your computer or other devices.
The Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of any third-party web sites or services or any opinions expressed on those sites. The Company does not monitor, investigate, or check for accuracy or completeness of those websites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. If you decide to access any of the third-party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of the Company, any of its suppliers, any of their respective Affiliates, or any person associated with any of them under any provision of these Terms and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by you through the Service or 100 USD if you have not purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company, any of its suppliers, licensors, service providers, employees, agents, officers, directors, members, managers, or shareholders, any of their respective Affiliates, or any person associated with any of them be liable for any damages of any kind, under any legal theory, including without limitation any direct, special, incidental, indirect, punitive, exemplary, or consequential damages or damages based on any multiple whatsoever (including, but not limited to, damages for loss of profits or revenue, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data or other information, for business interruption, for personal injury, pain and suffering, emotional distress, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), arising out of or in connection with your use of, or inability to use, the Service, any websites linked to it, any content, or any Products you purchase, whether caused by tort (including negligence), breach of contract, or otherwise, even if the Company, any supplier, any of their respective Affiliates, or any person associated with any of them has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations might not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
Your use of the Service, its content, and any services or Products you obtain through the Service is at your own risk. The Service and any Products or services obtained by you through the Service are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind, either express or implied. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service and Products, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, the Company provides no warranty or undertaking, and makes no representation or warranty of any kind that the Service or the Products will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company, any person associated with the Company, nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included on the Service; (ii) that the Service will be uninterrupted or error-free or that defects will be corrected; (iii) as to the accuracy, reliability, security, or currency of any information or content provided through the Service; (iv) that the Service or any products or services obtained through the Service will meet your needs or expectations; or (v) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components. You acknowledge that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
Some jurisdictions limit or do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
You agree to defend, indemnify, and hold harmless the Company, its Affiliates, licensors, and service providers, and its and their respective officers, directors, employees, members, managers, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service. For any indemnification under this Section, the Company will have the right to control the defense, settlement, and resolution of any claim at your sole expense. You may not settle or otherwise resolve any claim without our express written permission.
This indemnification obligation will survive these Terms, your purchase of any Products, and your use of the Service.
The Service is All Rights Reserved and no portion of the Service may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of the Company.
The Service and its entire contents, features, and functionality (including but not limited to all text, audio, video, images, displays, software, and information, and the design, selection, and arrangement of those items and any content provided by you or other users) are owned by us, our licensors, or other providers of the material and are protected by United States and international patent, copyright, trademark, trade secret, and other intellectual property or proprietary rights laws or are included based on the principles of “fair use.” Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. You agree not to challenge the Company’s ownership of any of its intellectual property.
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its Affiliates or licensors. You must not use those marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners. You are granted a limited license only subject to the restrictions in these Terms, for purposes of viewing the material contained on this Service. Any unauthorized use of the content of the Service may subject you to civil or criminal penalties.
These Terms permit you to use the Service for only legitimate purposes that relate to your purchase of Products. You must not modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
- Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for legitimate purposes, provided you agree to be bound by our end user license agreement for those applications.
If you wish to make any use of material on the Service other than that set out in this section, please address your request to email@example.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
By placing an Order, you grant to the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, modify, and exploit images of the Product without restriction. Among other things, the Company may display your Product on the Service, in its marketing and advertising materials, in public displays, and in competitions, but excluding any further sales of your Product. You agree not to challenge the Company’s use of your Product pursuant to this license.
The Company respects the intellectual property of others, and we ask visitors to our Service to do the same. It is the Company’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) identification of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed, and the location of that material on the Service; (d) information reasonably sufficient to permit the Company to contact the complaining party (e.g., the address, telephone number, or email address); (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Service can be reached by directing an email to the Copyright Agent at: firstname.lastname@example.org.
If you fail to comply with all the requirements of Section 512(c)(3) of the Online Copyright Infringement Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”), your notice might not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including attorneys’ fees and costs) under Section 512(f) of the DMCA.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may not link or deep link to our homepage or use framing with respect to the Service without our advance written consent.
We may disable all or any social media features and any links at any time without notice in our discretion.
The Service is controlled and operated by the Company from the State of Florida in the United States of America. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States of America. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States of America, you do so at your own risk and on your own initiative and are responsible for compliance with local laws, rules, and regulations. You also are subject to United States export controls in connection with your use of the Service and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Services, in whole or in part, to any person, geographic area, or jurisdiction that we choose, at any time and in our sole discretion.
Governing Law and Jurisdiction
The validity, construction, enforcement, and interpretation of this these Terms and all matters relating to the Service and any Products or services acquired through the Service (in each case, including without limitation non-contractual claims or disputes) are governed by the laws of the State of Florida and the federal laws of the United States of America, excluding the laws of those jurisdictions pertaining to resolution of conflicts with laws of other jurisdictions.
The proper, exclusive, and convenient venues for any litigation arising out of, or related to, these Terms, the Service, or any Product are the Circuit Court of Florida for Lee County, Florida, for state trial court proceedings, and the United States District Court for the Middle District of Florida – Fort Myers Division for federal district court proceedings. You waive any defense, whether asserted by motion or pleading, that these venues are improper or inconvenient forums, and consent to the personal jurisdiction of the state and federal courts having jurisdiction in the State of Florida for the purpose of any litigation arising out of, or related to, these Terms, the Service, or any Product.
Your use of the Service may also be subject to other local, state, national, or international laws.
It is our goal that the Service and Products meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at email@example.com to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within 30 days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.
Mutual Agreement to Arbitrate
PLEASE READ THIS AGREEMENT TO ARBITRATE CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AND WE AGREE TO ARBITRATE ANY CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS YOU OPT-OUT. YOU AND WE AGREE THAT ALL SUCH CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PROPOSED CLASS ACTION. WHETHER OR NOT YOU OPT-OUT, HOWEVER, YOU ARE GIVING UP A RIGHT TO A TRIAL BY JURY. YOU AND WE UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.
The arbitrator, and not any federal, state, local, or other court or agency, will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms and this agreement to arbitrate, including but not limited to, any claim that all or any part of these Terms or this agreement to arbitrate is void or voidable.
You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Service, these Terms, or to any Products or services sold or distributed through the Service, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon, or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy, or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and the applicable third parties on an individual basis in a court located in Fort Myers, Florida, USA. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision). As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent.
For users in the United States of America, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
For users outside of the United States of America, any controversy or claim arising out of or relating to the Service, any products or services purchased, or these Terms, or the breach thereof, will be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures (“ICDR Expedited Procedures”). The arbitration will be decided by a sole arbitrator appointed in accordance with the ICDR Expedited Procedures.
Means and Fees
In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that is not possible, in person in the jurisdiction where you reside or at another mutually agreed upon location. The language of the arbitration will be English or, for users who reside outside of the U.S., the official language of your jurisdiction. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court having jurisdiction. Each party will have the right to use legal counsel in connection with arbitration at its own expense.
Right to Opt-Out
YOU HAVE A RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE by sending an email to everafterart.com or by mailing us, postage prepaid, to Essence of Life, Inc. 4524 SE 16th Place, Unit 4, Cape Coral, Florida, USA, Attention: Legal Department. Such opt-out must be given within 30 days after your first use of the Service. Any opt-out received after that deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.
Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this Class Action Waiver still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.
Waiver of Trial by Judge or Jury
YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY PRODUCTS YOU PURCHASE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Whenever possible, each provision of these Terms should be construed and interpreted so that it is valid and enforceable under applicable law. If a provision of these Terms is held by a court to be invalid or unenforceable under applicable law, however, that provision will be deemed separable from the remaining provisions of these Terms and will not affect the validity or interpretation of the other provisions of these Terms or the application of that provision to other circumstances in which it is valid and enforceable.
A waiver of any term or provision included in these Terms will be valid and effective only if it is evidenced by a writing signed by or on behalf of the Company. No delay or course of dealing by the Company in exercising a power, right, or remedy under these Terms will operate as a waiver of any power, right, or remedy of the Company, except to the extent expressly manifested in a writing signed by or on behalf of the Company. In addition, the written waiver by the Company of a power, right, or remedy under any provision of these Terms will not constitute a waiver of any succeeding exercise of the power, right, or remedy or a waiver of the provision itself.
These Terms might have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify, update, or replace these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Service and purchases of Products thereafter. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date”.
By continuing to access or use our Service and purchase any Products after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, your only recourse is to cease using the Service. You are expected to check this page each time you access this Service so you are aware of any changes, as they are binding on you.
Entire Agreement; Assignment
Headings in this Service are solely for convenient reference and in no way define, limit, construe, or describe the scope or extent of each section. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. These Terms do not and are not intended to confer any rights or remedies on any person other you and the Company.
If you have any questions about these Terms and Conditions, you can contact us:
- By email: firstname.lastname@example.org
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out in that Policy.
All other feedback, comments, requests for technical support, and other communications relating to the these Terms, the Service, or the Products should be directed to: email@example.com.
Mobile Services and Applications
To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Notifications and Messages
By using the Mobile Services, You agree that We may communicate with you regarding THE Company and other entities by SMS, MMS, text message, or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.
Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the applicable Everafter Mobile Application on a mobile device that you own or control and to run such copy of the mobile application solely to access the Mobile Services for your own personal non-commercial purposes. Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
You acknowledge and agree that the availability of the Mobile Application and the Mobile Services is dependent on the third party from whom you received the Mobile Application license, e.g., the Apple or Android app stores (“App Store”). You acknowledge that these Terms are between you and the Company and not with the App Store. The Company, not the App Store, is solely responsible for the Mobile Application and the Mobile Services, the content thereof, maintenance, support services, and warranty thereof, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). You agree to pay all fees (if any) charged by the App Store in connection with the Mobile Application and the Mobile Services. You agree to comply with, and your license to use the Mobile Application and the Mobile Services is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Mobile Application and the Mobile Services. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce them.
Accessing and Downloading the Mobile Application from the Apple App Store
The following applies to any Mobile Application accessed through or downloaded from the Apple App Store:
- You acknowledge and agree that: (i) these Terms are concluded between you and the Company only, and not Apple; and (ii) the Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store terms of service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between the Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
- You and the Company acknowledge that, as between the Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and the Company acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and the conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
- Without limiting any other terms of these Terms, you must comply with all applicable third- party terms of agreement when using the App Store Sourced Application.
Last Updated: November 1, 2021
The Company is committed to making our websites accessible and user friendly. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not accessible to people with disabilities, please contact us at [_________________].com with “Website Accessibility” in the subject line and provide a description of the specific feature you feel is not accessible or a suggestion for an improvement.
We take your feedback seriously and will consider it as we evaluate ways to accommodate all our customers and our overall accessibility policies. We aim to respond to accessibility feedback within five (5) business days.
With respect to our efforts to ensure accessibility, we have strived to implement the recommendations of the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA, as published by the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C). The accessibility features only apply to pages on this website.
This website includes the following accessibility features:
- We provide text alternatives for non-text content
- We provide captions for videos with audio
- The website’s information and relationships have a logical structure
- The website is accessible by keyboard only
- The pages have clear headings and labels
Website accessibility is an ongoing process in which we are continually endeavoring to maximize accessibility.
- Although we work to make every page accessible to users we cannot guarantee that every page conforms to WCAG 2.0 Level AA.
- We cannot ensure the conformance of third party plug-ins and widgets. As such we do not claim full site-wide conformance, instead some pages have partial conformance as defined by WCAG Level AA.
- We chose to use the WCAG guidelines for conformance, as suggested by the Department of Justice in Section 508 of the U.S. Rehabilitation Act.