Terms and Conditions of Use
The following rules ("Terms and Conditions") govern the use of the Web site located at URL www.Evercell.com.com and the services offered on the site, Track/Modify an Order, Affiliate Programs, Corporate Account, and the ability to order products and receive newsletters and promotional emails, and links (collectively, our "Site"). Please read the following Terms and Conditions carefully.
By using our Site, you understand and agree to be legally bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing our Site. The Terms and Conditions shall supercede any terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Evercell.com.com ("Evercell.com," "we" or "us"). We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site.
Copyrights and Trademarks of Evercell.com
Our Site is owned and operated by us. Unless otherwise specified, all materials appearing on our Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Evercell.com . Copyright © 2003, ALL RIGHTS RESERVED. The content and software on our Site is the property of Evercell.com and/or its suppliers and is protected by U.S. and international copyright laws. You may view, download, print and retain a copy of pages of our Site only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us at info@Evercell.com.com. All rights not expressly granted herein are reserved.
We post legal notices and various credits on pages of our Site. If you duplicate, publish or otherwise distribute material on our Site, you may not remove this notice or these credits or any additional information accompanying the notices and credits.
The absence of a trademark, trade name and service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and service names are trade names, trademarks or service marks of Evercell.com. All other trade names, trademarks or service marks are property of their respective owners. The use of any Evercell.com trade name, trademark or service mark without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us at info@Evercell.com.com.
Ownership and Use of Marks
You agree that you will not misuse or abuse account access and passwords. You agree that you will use only your password and that you will take all reasonable precautions to protect its secrecy.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
Links and Search Results
Our Site may link to other sites. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may adversely affect your computer. By using our Site to search for or link to another site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of our Site to obtain search results and/or to link to another site. However, if you have a problem with a link from our Site, please notify us. We will investigate the link and take appropriate action.
Violation of the Terms and Conditions
By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to our Site and to any services offered on our Site, and may remove any User Content you have provided if we believe that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of Evercell.com or another user.
Compliance With Laws
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
We respect and make efforts to protect the privacy of all users of our Site.
We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of Evercell.com. By submitting Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We shall be free to use Feedback on an unrestricted basis.
You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through this Site. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.
Shipping and Delivery
Evercell.com, in conjunction with DHL Express and DHL Danzas, will attempt to deliver a product on the requested day. DHL Express does not telephone prior to delivering packages, and we cannot guarantee the time of delivery.
Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the customer.
Specials and Promotions
Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically noted. Limit one promotion per order. Special offers, coupons, or discounts cannot be used in conjunction with orders already placed in the past, offers must be used at time of purchase.
Disclaimer and Limitation of Liability as to Products Sold
EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT IN NO EVENT SHALL EVERCELL.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.
Disclaimer and Limitation of Liability as to Our Site
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION IN OUR SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITE OR ANY SERVICES OFFERED ON OUR SITE, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY CONTENT, SEARCH OR LINK ON IT WILL PROVIDE ANY SPECIFIC RESULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE, ITS OPERATIONS, CONTENTS, INFORMATION OR MATERIALS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT EVERCELL.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF OUR SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, AND USE OF, OUR SITE OR ANY OTHER HYPER-LINKED WEB SITE.
You agree that any legal action brought against us shall be governed by the laws of the State of California, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate federal or state court located in California. We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
By using our Site, you agree to indemnify and hold Evercell.com, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Site, including providing a link to another site or uploading any content to our Site.