Terms of service
Overview
Welcome to Everwell! The terms “we”, “us” and “our” refer to Everwell. Everwell operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Everwell is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, along with any policies referenced herein (these “Terms of Service” or “Terms”), outline your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important details about your legal rights and cover matters such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.
Section 1 – Access and Account
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, or that you have given consent for any of your minor dependents to use the Services under your supervision.
To use the Services, including browsing our online store or purchasing products, you may be required to provide information such as your email, billing, payment, and shipping details. You agree that all information you provide is accurate, current, and complete, and that you have the legal right to provide it.
You are solely responsible for maintaining the security of your account and any activities that occur under it. You may not transfer, sell, or license your account to another person.
Section 2 – Our Products
We strive to accurately represent our products and services online. However, please note that colors, images, or product appearances may vary due to device settings or display differences.
We do not guarantee that any product will meet your expectations or appear exactly as shown online. All product descriptions are subject to change at any time, without notice, at our discretion. We reserve the right to discontinue any product or limit quantities offered on a case-by-case basis.
Section 3 – Orders
When you place an order, you are making an offer to purchase. Everwell reserves the right to accept or reject orders at our discretion. An order is not confirmed until payment has been received and processed.
Please review your order carefully before submitting. Once accepted, we may be unable to accommodate cancellation requests. If we cannot fulfill or must cancel an order, we will notify you via the contact details provided.
All purchases are subject to our Refund Policy. You also confirm that your purchases are for personal or household use and not for resale or export.
Section 4 – Prices and Billing
Prices, promotions, and discounts may change without notice. The price you are charged will be the price at the time your order is placed and will appear in your confirmation email. Unless specified otherwise, prices exclude taxes, shipping, handling, customs, or import charges.
Prices listed online may differ from those in physical stores or third-party marketplaces. From time to time, promotions may apply, and if terms conflict, promotion terms will govern.
You agree to provide accurate and up-to-date billing and payment details, including email address, credit card numbers, and expiration dates. You confirm that:
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The credit card information you provide is accurate.
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You are authorized to use the card.
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Charges will be honored by your credit card company.
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You are responsible for paying all incurred charges, including shipping, handling, and taxes.
Section 5 – Shipping and Delivery
Delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control. Once a product is handed to the carrier, the risk of loss or damage passes to you.
Section 6 – Intellectual Property
All Services, including trademarks, logos, text, images, graphics, videos, and other content, are owned by Everwell, its affiliates, or licensors and are protected by intellectual property laws.
These Terms permit personal, non-commercial use only. You may not reproduce, distribute, modify, or transmit content without written permission. Unauthorized use may violate intellectual property laws.
Everwell’s names, logos, product designs, and slogans are trademarks of Everwell or its affiliates. Shopify’s trademarks remain owned by Shopify. Other names and designs mentioned are property of their respective owners.
Section 7 – Optional Tools
You may be provided access to third-party tools “as is” and “as available,” without warranties or endorsements. Everwell is not responsible for any issues arising from their use.
Your use of such tools is at your own risk and subject to the terms of the third-party providers. Future tools or features introduced will also be governed by these Terms.
Section 8 – Third-Party Links
The Services may contain third-party links or embedded content. Everwell is not responsible for examining or evaluating third-party materials and is not liable for any damages related to their use.
If you choose to interact with third-party websites, you do so at your own risk and must review their policies before engaging in transactions.
Section 9 – Relationship with Shopify
Everwell is powered by Shopify, which enables us to provide the Services. Purchases, however, are made directly with Everwell. Shopify is not responsible for any issues arising from your purchases with Everwell.
By using our Services, you release Shopify from any claims, damages, or liabilities resulting from your transactions with Everwell.
Section 10 – Privacy Policy
All personal information collected through our Services is handled in accordance with our Privacy Policy, as well as Shopify’s policies where applicable. By using our Services, you acknowledge that you have reviewed and accepted these policies.
Because our Services are hosted by Shopify, your information may also be processed by Shopify and shared with third parties as necessary to provide and improve services, including across international borders.
Section 11 – Feedback
By submitting feedback, reviews, or suggestions, you grant Everwell a royalty-free, perpetual, worldwide license to use, reproduce, and share your content for any purpose, including commercial use.
You confirm that you own the rights to your feedback, have disclosed any compensation tied to it, and that it does not violate the rights of third parties.
Everwell reserves the right, but not the obligation, to remove feedback deemed unlawful, offensive, or otherwise inappropriate.
Section 12 – Errors, Inaccuracies, and Omissions
Occasionally, our Services may contain errors or inaccuracies related to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct such errors, update information, or cancel orders at any time without notice, even after submission.
Section 13 – Prohibited Uses
You may only use the Services for lawful purposes. Prohibited uses include, but are not limited to:
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Illegal or fraudulent activity.
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Violating intellectual property rights.
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Harassment or abuse of others.
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Submitting false or misleading information.
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Uploading malicious code or viruses.
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Attempting to access or interfere with security features.
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Collecting personal information of others without consent.
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Sending spam or unauthorized promotional material.
Violation of these terms may result in suspension or termination of your account without notice.
Section 14 – Termination
We may suspend or terminate your access to the Services (in whole or in part) at any time, at our sole discretion, without notice. You remain responsible for any amounts due up to and including the date of termination.
The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by their nature should survive termination.
Section 15 – Disclaimer of Warranties
The information provided through the Services is for general purposes only. We do not guarantee its accuracy, completeness, or usefulness, and any reliance on such information is at your own risk.
Except as expressly stated by Everwell, all Services and products are provided “as is” and “as available,” without warranties or conditions of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee uninterrupted, secure, or error-free use of the Services. Some jurisdictions do not allow certain disclaimers, so these limitations may not apply to you.
Section 16 – Limitation of Liability
To the maximum extent permitted by law, Everwell, its partners, affiliates, employees, agents, contractors, licensors, and Shopify shall not be liable for any damages of any kind, including but not limited to: lost profits, lost revenue, data loss, replacement costs, or any indirect, incidental, punitive, or consequential damages.
This applies whether the claim arises from contract, negligence, strict liability, or otherwise, and even if advised of the possibility of such damages.
Section 17 – Indemnification
You agree to indemnify and hold harmless Everwell, Shopify, and their affiliates, partners, officers, employees, and licensors from any claims, damages, liabilities, or expenses (including legal fees) arising from:
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Your breach of these Terms,
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Your violation of any law or third-party rights, or
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Your use of the Services.
We will notify you of any indemnifiable claim and may control the defense. You agree to cooperate and provide necessary documents or evidence.
Section 18 – Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that portion will still be enforceable to the fullest extent allowed by law, and the unenforceable part will be severed. The remaining Terms will remain valid and enforceable.
Section 19 – Waiver; Entire Agreement
Failure to enforce any right or provision of these Terms does not constitute a waiver of that right.
These Terms, along with any related policies posted by us, form the entire agreement between you and Everwell regarding the Services. They supersede all prior agreements, communications, and proposals (oral or written).
Any ambiguities will not be interpreted against the drafting party.
Section 20 – Assignment
You may not assign, transfer, or delegate these Terms or your rights without our prior written consent. Any unauthorized attempt will be void. We may assign or transfer our rights and obligations without notice.
Section 21 – Governing Law
These Terms and any agreements for Services will be governed by and interpreted under the laws of the jurisdiction where Everwell is headquartered. You consent to submit to the personal jurisdiction of such courts.
Section 22 – Headings
Headings are included for convenience only and do not affect the meaning or interpretation of these Terms.
Section 23 – Changes to Terms of Service
We may update or revise these Terms of Service at any time by posting changes on this page. You are responsible for reviewing the Terms periodically.
If we make material changes, we will notify you as required by law. Continued use of the Services after changes take effect constitutes your acceptance of the updated Terms.
Section 24 – Contact Information
For questions regarding these Terms of Service, please contact us at: