Overview of EVERBELLA’s Terms and Conditions
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER HTTP://EVERBELLA.COM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 14 AND 15).THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of http://EVERBELLA.com (hereafter the “Website”), which is owned and maintained by EVERBELLA LLC (“EVERBELLA,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
Terms and Conditions
1. Website Use.
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
2. Privacy & Security Disclosure.
Our privacy policy may be viewed here. The Privacy Policy is hereby incorporated into these Terms by reference and constitute a part of these Terms. EVERBELLA reserves the right to modify the privacy policy at its sole discretion.
3. General condition and Website User Restrictions.
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
4. Products Sold for Personal use only and as part of a healthy lifestyle.
You agree that any products you purchase from EVERBELLA and/or our Website will be used for your personal, non-commercial use. You agree that you will not resell, re-distribute, modify, or export any product that you order from the Website.
EVERBELLA does not make any guarantee that you will accomplish your fitness, health and/or wellness goals. All products are to be used as a part of a healthy lifestyle that includes appropriate nutrition, exercise, and self-care. Your results may vary.
5. No Medical Advice; Accuracy, Completeness and Timeliness of Information.
The material on the Website is provided for general informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician. The statements made on this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
6. Modifications To the Website and Prices.
We reserve the right at any time to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping and Returns Policies.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
7. Payment.
We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, and Discover.
When placing an order online, you will need:
- The address the card’s statement is sent to (billing address);
- The card number and expiration date; and
- The 3 or 4 digit code found only on the card (CVV2 code).
By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any credit card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
8. Order placement and acceptance.
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any loses or damages that may result from our refusal to provide you any service or product. We reserve the right to require additional information before processing any order.
9. Subscriptions.
When visiting the Website, you may have the option of purchasing a product or group of products one time or through our Subscribe & Save plan. Our Subscribe & Save plan allows you to automatically replenish you supply of products every 30 days, with the card that you provided at the time of enrollment, until you decide to cancel your subscription.
IF YOU ENROLLED IN OUR SUBSCRIBE & SAVE PLAN AT THE TIME OF YOUR INITIAL PURCHASE AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIBE & SAVE PLAN, YOU MAY DO SO AT ANY TIME BY EMAILING INFO@EVERBELLA.COM or CALLING 1-(888) 292-8309 (MONDAY – FRIDAY 9 A.M. – 5 P.M. EST).
If you enrolled in our Subscribe & Save Plan using a credit card and your credit card fails to process for a subsequent shipment, you agree that we may continue attempting to process your payment as well as contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection. In the event we start collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 17 below.
10. Shipping Policies.
We ship orders across the globe. Depending on product availability and your location, orders within the United States are shipped via UPS and typically arrive within 7 days of purchase. For international customers, orders are shipped via UPS and typically arrive within 14-30 days of purchase. Customers located in particularly remote locations may experience some delays and international customers could experience additional delays due to customs clearance. If you have not received your order within 31 days, please contact our customer care center.
Accurate shipping address and phone number are required. We are not responsible for late or missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after you have submitted it to the Website, please contact our customer care center immediately emailing calling info@EVERBELLA.com, or calling 1-(888) 292-8309. If were are unable to redirect your order to the correct shipping address, we will send you another shipment, however, you will be charged an additional shipping and handling fee equal that charged for the original order.
Should you want to modify a pending order, you must contact our customer care center as soon as possible; however, we attempt to ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.
11. Delivery confirmation.
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.
12. Return Policy.
EVERBELLA strives to keep you totally satisfied, which is why we offer a 180-day Money Back Guarantee. If at any point you decide it’s not for you, you are protected by the highest standard 100% money-back guarantee. Just send us the bottle(s) and we’ll refund you your money. If within 180 days of use, you are unhappy and would like a refund, here’s exactly what to do:
- Contact the EVERBELLA Support Team by emailing info@EVERBELLA.com, or calling 1-(888) 292-8309, Monday through Friday, between the hours of 9:00am and 5:00pm Eastern Standard Time. We will gladly provide you with our return address.
- Return the bottle(s), the EVERBELLA invoice that you received, your email, and the order number you have been provided.
- You must pay the return postage, and we do recommend you opt for tracking and confirmation numbers for verification and efficiency purposes.
- We will refund your entire order, excluding shipping costs, when we receive your bottle(s).
These guidelines were created to keep you satisfied, while at the same time ensuring we can continue to provide a quality product to other happy customers for years to come. After following the steps above, please allow adequate time for shipping, quality control, and communication with credit card companies and banks.
13. Social media.
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third party social media platforms we may utilize (“Social Media Presence”).
Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Statement apply to our Social Media Presence. The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of EVERBELLA. Comments that some would consider inappropriate or offensive may appear on our Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
14. Disclaimer of Warranties.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15. Disclaimer of Liabilities.
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL EVERBELLA OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER EVERBELLA HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, EVERBELLA IS FOUND LIABLE UNDER ANY THEORY, EVERBELLA’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER EVERBELLA WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. Dispute resolution by mandatory binding arbitration and class action waiver.
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH EVERBELLA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
a. General
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, EVERBELLA, or any involved third-party relating to your account, your use of the Website, your relationship with EVERBELLA, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by EVERBELLA or any third-
party related to your use or attempted use of the products. You, EVERBELLA, or any involved third-party may pursue a Claim. EVERBELLA agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against EVERBELLA. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended. Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Florida on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this Section.
b. Exceptions
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and EVERBELLA both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. EVERBELLA will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Colorado: (i) an action by EVERBELLA relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by EVERBELLA for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Colorado, and forever waive any challenge to said courts’ jurisdiction and venue.
c. Required Pre-Dispute procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to EVERBELLA, Attn: Legal Department, 2015 Dallas St. Aurora, CO 80010. EVERBELLA will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with EVERBELLA or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Colorado to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
d. Commencing Arbitration.
You and EVERBELLA agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
e. Arbitration Location.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Colorado unless EVERBELLA otherwise agrees to arbitrate in another forum requested by you.
f. Organization, Rules and the Arbitrator.
We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’S Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or EVERBELLA.
g. Fees.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
h. Governing Law and Award.
The arbitrator shall follow the substantive law of the State of Colorado without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
i. Enforceability.
This provision survives termination of your account or relationship with EVERBELLA, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
j. Miscellaneous.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and EVERBELLA and shall not be modified except in writing by EVERBELLA.
k. Amendments.
EVERBELLA reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a EVERBELLA product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, EVERBELLA will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a EVERBELLA product, is affirmation of your consent to such material changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT EVERBELLA LLC, ATTN: LEGAL DEPARTMENT, ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
17. Indemnification.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless EVERBELLA, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
18. Third-Party Websites and Links.
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
19. Testimonials, Reviews and Other Submissions.
EVERBELLA may use testimonials and/or product reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to EVERBELLA’s products, in printed and online media, as EVERBELLA determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. As noted in Section 4 above, your results will vary depending upon a variety of factors unique to you, such as your age, health, and genetics.
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
Additionally, EVERBELLA reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. EVERBELLA shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
20. Electronic Communications
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
21. Assignment
You may not assign any of your rights under these Terms, and any such attempt will be null and void. EVERBELLA and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of EVERBELLA’s business is transferred to another entity by way of merger, sale of its assets or otherwise.
22. No waiver
No waiver by EVERBELLA of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by EVERBELLA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
23. No agency relationship
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of you receiving a product from us or from using this Website.
24. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
No waiver by EVERBELLA of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by EVERBELLA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
25. Termination
In the event that we terminate this Agreement, Sections 2-3, 14-17, 20-24, 26, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
26. Entire Agreement
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Amplify, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
27. Questions and Additional Information.
If you purchased a product through the Website or require assistance, please contact our customer care center by phone or email.
Email: info@EVERBELLA.com
Phone: +1-855-961-3837 (Monday – Friday 9 a.m. – 5 p.m. EST)