Description of Service
While we make our best effort to provide you with up-to-date information regarding available products, availability is subject to change at any time. EVE makes no representations or warranties regarding the availability of any product. In the event of a technical or clerical error in the published availability of any product, EVE reserves the right to cancel your order and provide a refund or replacement for your purchase (including after your purchase is confirmed) and you hereby waive all other claims related thereto. In the event you make a purchase with us, you agree that you will make all purchases in good faith and not based on speculation or fraud.
Registration On Our Sites
Certain features of our Sites (such as making a purchase) may require you to register by providing your personal information, such as your name, e-mail address, credit card number, and other information. You may also wish to register on our Sites to receive information, participate in our EVE Program, subscribe to email lists, or enter a promotion.
SMS Messaging Sign-Up
By signing up via website pop-up, order confirmation page, or through an email link or texting us at a designated sign-up number, and then by responding YES to a text message confirming your sign-up, you have consented to receive marketing messages from us. Messaging will be initiated by our third-party messaging provider. Standard message and data rates may apply. We send approximately 5 marketing messages per month in addition to any transactional messages or responses to inbound questions or requests. Examples of the types of messages we may send include marketing messages, order and shipping confirmations, and other order updates. You may opt-out at any time by texting STOP in response to any of our messages. You may request help at any time by texting HELP in response to any of our messages or by emailing our Customer Service team at firstname.lastname@example.org
Additional Policies and Agreements
Your purchase of products on our Sites may be subject to additional terms and conditions, including our policies on product returns or exchanges and the Terms and Conditions for our EVE Program, which will be presented to you when you make a purchase.
Modifications and Interruption to the Sites
We reserve the right to modify or discontinue all or any portion of our Sites with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Sites, or that operation of our Sites will be uninterrupted or error free. You understand that usage of our Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites and Third-Party Content
Some of the Content, services, and features on our Sites, including without limitation social media Content, may be provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any Content or features on our Sites created or provided by third parties, or with regard to any product or service provided or offered by any third party on the Sites. You acknowledge that any reliance on representations and warranties provided by any party other than EVE will be at your own risk. You expressly agree to hold EVE harmless for any claims of damage arising from any Content, product, or service provided by any third party.
As a condition of your right to use the Sites, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Sites and accessing the Content under the laws of the United States or other country.
Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EVE, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “EVE PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO USE OR OPERATION OF THE SITES (INCLUDING WITHOUT LIMITATION, PARTICIPATION IN OUR PROGRAMS), WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS, PROGRAMS, AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE EVE PARTIES ARE NOT RESPONSIBLE FOR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SITES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE EVE PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITES OR ANY CONTENT, PRODUCT, OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF ANY EVE PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE EVE PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
User-Submitted Content and User Conduct
Any content, whether uploaded, posted, submitted, or otherwise made available on our Sites or to EVE, including without limitation social media posts displayed on our Sites or referencing any of our social media sites, or any other content which does not originate with a EVE Party (“User Content”), is the sole responsibility of the person who made such User Content available. Under no circumstances will any EVE Party be liable in any way for any User Content made available through our Sites or in connection with any of our social media accounts. We may not review all User Content on our Sites, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any User Content.
You agree that you will not use our Sites to transmit or make available any Content that:
- violates any laws, contains any threats, is abusive, harassing, vulgar, indecent, defamatory, libelous, hateful, contains any disparaging statements or opinions, or is otherwise tortious or objectionable;
- infringes any intellectual property rights or other rights of any party;
- violates any person’s rights of privacy or publicity;
- you know or have reason to know is false, misleading, or fraudulent;
- you do not have a right to make available under any law or under contractual or fiduciary relationships;
- employs any techniques to disguise the origin of the Content submitted;
- contains any unsolicited or unauthorized advertising or promotional materials;
- incorporates within it any software viruses or any other computer code, files, or programs whose purpose or function is to interrupt, destroy, or otherwise impair the operability of any software or hardware or telecommunications equipment;
- contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
You further agree not to use our Sites to:
- engage in any conduct which might be harmful to any individual;
- impersonate or misrepresent your affiliation with any person or entity;
- engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
Ownership of User Content
If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and/or posted by individual visitors to our Sites. However, by uploading, posting, transmitting, or otherwise making any User Content available on or through a Site or social media, you are granting EVE, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution, or compensation to you.
All communications, feedback, questions, comments, suggestions, proposed features or products, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of EVE. By submitting Feedback to EVE, you assign to EVE, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how, or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
Copyright and Trademark Information
All Content, copyrights, and other intellectual property rights in the Content available on our Sites, including without limitation Site design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by EVE, with all rights reserved, or in some cases may be licensed to EVE by third parties. This Content is protected by the intellectual property rights of EVE or those owners. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with EVE.
Notification of Claimed Copyright Infringement
In the event that you find Content posted on our Sites which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact us as described below. To report any alleged infringement, you may contact us by email by providing a signed statement containing the following information:
- your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
- a description of the infringing material and the URL where such material is located on the Sites, or a description of where on our Sites you found such material;
- your written statement that you believe, in good faith, that the use of the work on our Sites has not been authorized by the true owner of the work, its agent, or as a matter of law; and
- a statement under penalty of perjury that all of the information you have provided is true.
Please send your notice of alleged infringement via email to email@example.com
In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of EVE to terminate use of our Sites by repeat infringers in appropriate circumstances.
Other Content Complaints
Separate versions of our Content or our Sites may be available for use on mobile devices. If you access our Sites or Content on mobile devices, you understand that your mobile carrier’s standard charges will apply.
Agreement to Arbitrate. This Section 24 is referred to herein as the “Arbitration Agreement.” The parties that any and all controversies, claims, or disputes between you and EVE arising out of, relating to, or resulting from this Agreement (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims), shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
- Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures (the "AAA Rules"), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 23. You may visit http://www.adr.org or call 1-800-778-7879 for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against EVE. EVE agrees that it will pay a consumer’s filing fee FOR the arbitration.
- Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or EVE may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
- Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
- Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
- Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 24.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 24.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Sites in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.
Changes to These Terms