Terms & Conditions
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Please review our
Privacy Notice, which also governs your visit to Eversale.com, to understand
When you visit Eversale.com
or send e-mails to us, you are communicating with us electronically. You
consent to receive communications from us electronically. We will communicate
with you by e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in
All content included on
this site, such as text, graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is the property of Eversale.com or
its content suppliers and protected by United States and international
copyright laws. The compilation of all content on this site is the exclusive
property of Eversale.com and protected by U.S. and international copyright
laws. All software used on this site is the property of Eversale.com or its
software suppliers and protected by United States and international copyright
EVERSALE.COM, and other Eversale.com
graphics, logos, page headers, button icons, scripts, and service names are
trademarks, registered trademarks or trade dress of Eversale.com in the U.S.
and/or other countries. Eversale.com's trademarks and trade dress may not be
used in connection with any product or service that is not Eversale.com's, in
any manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits Eversale.com. All other trademarks not owned by Eversale.com
that appear on this site are the property of their respective owners, who may
or may not be affiliated with, connected to, or sponsored by Eversale.com.
LICENSE AND SITE ACCESS
Eversale.com grants you
a limited license to access and make personal use of this site and not to
download (other than page caching) or modify it, or any portion of it, except
with express written consent of Eversale.com. This license does not include any
resale or commercial use of this site or its contents; any collection and use
of any product listings, descriptions, or prices; any derivative use of this
site or its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of Eversale.com.
You may not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout, or form)
of Eversale.com without express written consent. You may not use any meta tags
or any other "hidden text" utilizing Eversale.com's name or
trademarks without the express written consent of Eversale.com. Any
unauthorized use terminates the permission or license granted by Eversale.com.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of Eversale.com so long as the link does not portray
Eversale.com, or its products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any Eversale.com logo or other
proprietary graphic or trademark as part of the link without express written
If you use this site,
you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. Eversale.com
does sell products for children, but it sells them to adults, who can purchase
with a credit card or other permitted payment method. If you are under 18, you
may use Eversale.com only with involvement of a parent or guardian. Eversale.com
reserves the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in their sole discretion.
COMMUNICATIONS, AND OTHER CONTENT
Visitors may post
reviews, comments, photos, and other content; send e-cards and other
communications; and submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of
or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam." You may not use
a false e-mail address, impersonate any person or entity, or otherwise mislead
as to the origin of a card or other content. Eversale.com reserves the right
(but not the obligation) to remove or edit such content, but does not regularly
review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Eversale.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Eversale.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Eversale.com for all claims resulting from content you supply. Eversale.com has the right but not the obligation to monitor and edit or remove any activity or content. Eversale.com takes no responsibility and assumes no liability for any content posted by you or any third party.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats, pixels, web bugs, cookies, or other similar devices (sometimes referred to as spyware or passive collection mechanisms or pcms ).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
RISK OF LOSS
All items purchased from
Eversale.com are made pursuant to a shipment contract. This means that the risk
of loss and title for such items pass to you upon our delivery to the carrier.
(Eversale LLC) shall not be liable for any special, indirect, incidental, or
consequential damages, including without limitation, lost revenues or lost
profits, which may result from the use of these materials. We also reserve the
right to replace/change the products from the ones shown on the site without
prior notice, and to alter the special offers or prices at any time.
provide the information in this web site solely for informational purposes.
Clinical judgment and common sense may obviate certain information in these
notes at varying times and circumstances. Specific medical advice will not be
provided, and we urge you to consult with a qualified health care professional
to discuss both the advantages and risks of using these products and for
answers to your personal questions.
site has been made as secure as possible. However, "security" is
relative and an ever-changing landscape, and therefore always fraught with
danger. While every attempt is made at keeping tight security, no guarantees
are made or implied by EverSale.com (Eversale LLC)
Eversale.com attempts to
be as accurate as possible. However, Eversale.com does not warrant that product
descriptions or other content of this site is accurate, complete, reliable,
current, or error-free. If a product offered by Eversale.com itself is not as
described, your sole remedy is to return it in unused condition.
Except where noted
otherwise, the List Price displayed for products on our website represents the
full retail price listed on the product itself, suggested by the manufacturer
or supplier, or estimated in accordance with standard industry practice; or the
estimated retail value for a comparably featured item offered elsewhere. The
List Price is a comparative price estimate and may or may not represent the
prevailing price in every area on any particular day. For certain items that
are offered as a set, the List Price may represent "open-stock"
prices, which means the aggregate of the manufacturer's estimated or suggested
retail price for each of the items included in the set. Where an item is
offered for sale by one of our merchants, the List Price may be provided by the
With respect to items
sold by Eversale.com, we cannot confirm the price of an item until you order.
Despite our best efforts, a small number of the items in our catalog may be
mispriced. If an item's correct price is higher than our stated price, we will,
at our discretion, either contact you for instructions before shipping or
cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
THIS SITE AND ALL
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED
BY EVERSALE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS,
UNLESS OTHERWISE SPECIFIED IN WRITING. EVERSALE.COM MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR
THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS
OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, EVERSALE.COM DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. EVERSALE.COM DOES NOT WARRANT THAT THIS
SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE;
THEIR SERVERS; OR E-MAIL SENT FROM EVERSALE.COM ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. EVERSALE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE
SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
By visiting Eversale.com,
you agree that the laws of the state of Florida, without regard to principles
of conflict of laws, will govern these Conditions of Use and any dispute of any
sort that might arise between you and Eversale.com.
Any dispute relating in
any way to your visit to Eversale.com or to products or services sold or
distributed by Eversale.com or through Eversale.com in which the aggregate
total claim for relief sought on behalf of one or more parties exceeds $7,500
shall be adjudicated in any state or federal court in Pinellas County, Florida,
and you consent to exclusive jurisdiction and venue in such courts.
MODIFICATION, AND SEVERABILITY
Please review our other
policies, such as our pricing policy, posted on this site. These policies also
govern your visit to Eversale.com. We reserve the right to make changes to our
site, policies, and these Conditions of Use at any time. If any of these
conditions shall be deemed invalid, void, or for any reason unenforceable, that
condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.