Evermill’s products and services are provided by Evermill, LLC (“Evermill,” “we,” or “us”). These Terms of Service (“Terms”) are a legally binding contract and govern your access to and use of Evermill’s website and other digital products and services (collectively, “Services”). It is important that you carefully read and understand these Terms. By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Services.
Changes to these Terms or the Services
We reserve the right to change these Terms from time to time, in our sole discretion. In addition, we may change or stop providing the Services at any time. All changes are effective immediately. You agree that your continued use of the Services following such changes constitutes your acceptance of such changes to these Terms.
Registration and Your Account
You will need to sign up for a user account to use some of our Services. You agree that the information that you provide us during registration is accurate, complete, and current and that you will update your information with us to keep it accurate, complete, and current. You are solely responsible for your account and all activity associated with your account, including maintaining the confidentiality of your password. Any use by anyone under the age of 13 is prohibited.
If you purchase any products or services ("Products") through our Services, you agree to pay all charges, including all applicable fees, gratuities and taxes. All fees are exclusive of applicable taxes, unless otherwise stated. All sales are final.
When you purchase Products, you will be asked to provide us, or a third party payment processor, with a payment card number from a card issuer or other payment information, in order to pay for any Services and related charges. You authorize us to store your payment information to facilitate easy payment for future purchases. By providing your payment information, you represent, warrant, and covenant that you are legally authorized to provide such information and that you are legally authorized to initiate payments using such information.
Products offered through the Services may be offered by Evermill or other third parties. We do not represent, warrant, or guarantee that Product descriptions are accurate, complete, reliable, current or error-free. We reserve the right to change or update any Product descriptions at any time to correct errors, inaccuracies, or omissions, without notice to you.
We strive for accurate pricing of the Products sold through the Services. However, occasional errors or mistakes may cause inaccurate prices to appear. We have the right to void any purchases that display an inaccurate price.
Your Use of the Services
The Services are provided for your personal and noncommercial use only. No Evermill materials or content may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted in these Terms. You are prohibited from any use of data mining, robots, or any other data gathering and extraction tools in your use of the Services.
You are permitted to view and print a reasonable number of copies of content from the Services for your own personal and noncommercial use, provided that: (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials; (b) you provide attribution to Evermill; (c) the material is printed in its entirety without modification, reformatting, or adaptation of any kind; and (d) any such copies are subject to the terms and conditions of these Terms and remain the property of Evermill. You understand and agree that you may not authorize any content to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and you agree that you will take all necessary steps to prevent any unauthorized reproduction or other use of the content. Failure to abide by these conditions will immediately terminate this limited permission and may result in the infringement of the copyrights and/or trademarks and other proprietary or intellectual property rights of Evermill or others.
The rights granted to you constitute a limited license and not a transfer of title. All right, title, and interest in and to the Services (excluding content provided by users) are and will remain the exclusive property of Evermill and its affiliates. The Services are protected by copyright, trademark, other laws of the United States, and possibly by jurisdictions outside of the United States. Nothing in these Terms gives you a right to use Evermill's intellectual property, including but not limited to Evermill's name or any of Evermill's trademarks, logos, domain names, other distinctive brand features, or copyrights.
Subject to these Terms, Evermill grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Evermill, in the manner permitted by these Terms.
By using the Services you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful or objectionable. We provide no guarantees regarding the content posted by other users or third parties. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any losses or damages of any kind incurred as a result of the use of any content.
Any content, messages, ideas, suggestions, photos, audiovisual works, characterizations, or other materials that you make available through the Services is referred to as "User Content." By choosing to provide User Content, you acknowledge and agree that such User Content may be viewed by the general public and will not be treated as private, proprietary, or confidential. You retain all rights in, and are solely responsible for, the User Content you post to the Service.
You grant Evermill and its affiliates, licensees and sublicensees a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your User Content in any and all media or distribution methods (whether now known or later created) without any further consent, notice, or compensation to you. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral or other rights that you may claim to have in any User Content posted or provided by you.
By submitting User Content, you represent and warrant that such User Content is your own original work, is submitted with the express permission of the owner, or is in the public domain and that you have the right to make the User Content available to us for all of the purposes contemplated in these Terms. You further represent and warrant that such User Content is not defamatory and does not infringe any law or the intellectual property or other proprietary rights of any third party.
You agree that you will not post User Content that violates or encourages any conduct that violates laws or regulations. We reserve the right to remove or modify User Content for any reason, including but not limited to User Content that we believe, in our sole discretion, violates these Terms or our policies.
Following termination or deactivation of your account, or if you remove any User Content from the Service, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Evermill and its affiliates, licensees, and sublicensees and other users of the Services may retain and continue to use, store, display, reproduce, modify, create derivative works of, perform, or distribute any of your User Content that have been stored or shared through the Service.
You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of the Services by us, other users of the Services and/or any third party. Such restriction includes conduct which is unlawful, or which may, in Evermill's sole opinion, harass or cause distress or inconvenience to any person and the transmission of obscene, defamatory, or offensive content, or result in any disruption, within the Services.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Evermill’s computer systems, or the technical delivery systems of Evermill’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Evermill; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by using the Services in such a manner as to interfere with or create an undue burden on the Services.
Copyright Policy/Intellectual Property Policy
We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged intellectual property infringement, including but not limited to copyright infringement, that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please email us at firstname.lastname@example.org.
The Services may contain links to third party websites, advertisers, services, or other content that are not owned or controlled by Evermill. We do not endorse or assume any responsibility for such third party sites, information, products, or services. If you access any third party website, service or content from Evermill, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third party website, service or content.
You have permission to use Evermill buttons, links, and widgets, subject to these Terms, and agree that your use of such buttons, links and widgets will link only to the Services, you will not modify such buttons, links or widgets or associated code in any manner, and that you will not use such buttons, links and widgets in any manner which implies or suggests that Evermill operates, endorses, sponsors, or recommends the website on which such buttons, links, or widgets are used. We retain the right to revoke the permission to use such buttons, links, and widgets at any time for any reason.
We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Term and Termination
These Terms are effective from the date that you first access the Services or submit any information to Evermill, whichever is earlier, and will remain effective until terminated in accordance with its terms, except for those terms that survive termination.
Evermill may terminate or suspend your user account at any time, in our absolute discretion, with or without notice, for any or no reason. Upon termination of these Terms, your right to use the Services will immediately cease, and you will destroy all copies of information that you have obtained through the Services. All disclaimers, limitations of liability, indemnification, Evermill rights of ownership and licenses to Evermill will survive any termination.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, or any part or portion thereof. Nothing in these Terms will be construed to obligate Evermill to maintain or support the Services, or any part or portion thereof, during the term of these Terms.
As a condition of your access to and use of the Services, you agree to indemnify and hold harmless Evermill and its subsidiaries, affiliates, licensors, licensees, shareholders, officers, directors, employees, agents and other partners, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the Services, (b) any breach of your representations, warranties, or covenants under these Terms, or (c) your breach of any of these Terms. You will not enter into a settlement of the foregoing without our prior written approval.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EVERMILL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (I) COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT PROVIDED BY THE SERVICES (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT ANY CONTENT AND OTHER COMMUNICATIONS THROUGH THE SERVICES; AND (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERMILL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL EVERMILL'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO EVERMILL FOR THE PAST SIX MONTHS FOR THE SERVICES.
THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT EVERMILL HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Governing Law and Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or the Services, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in the City and County of Los Angeles, California. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.
You and Evermill agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Services (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Evermill each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Evermill agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available athttp://www.adr.org or by calling the AA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and Evermill agree otherwise, the arbitration will be conducted in Los Angeles, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Evermill submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
The Services are provided by Evermill, LLC. You can contact Evermill by e-mailing us at email@example.com or by writing to us at the following address:
578 Washington Blvd #838
Marina Del Rey CA 90292
Effective August 2020