Please read these Terms and Conditions ("Terms," "Terms of Service") carefully before using the https://evercasee.comywebsite ) operated by EverCase Technologies Inc.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Purchases and Product Information
1.1 Product Descriptions
We strive to be as accurate as possible in the description of our EverCase products (e-ink phone cases) displayed on the Service. However, we do not warrant that product descriptions or other content of the Service is entirely accurate, complete, reliable, current, or error-free. E-ink displays, by their nature, may show slight variations in color, tone, or refresh rate compared to digital screen images.
1.2 Pricing and Payment
All prices are listed in USD and are subject to change without notice. The price charged will be the price in effect at the time the order is placed. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service.
1.3 Order Acceptance
The confirmation you receive after placing an order does not signify our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order for any reason, including but not limited to product availability, errors in the description or price, or an unauthorized or suspicious transaction.
2. Shipping, Returns, and Warranty
2.1 Shipping
Risk of loss and title for items purchased from the Service pass to you upon our delivery to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed.
2.2 Returns and Refunds
Returns and refunds are governed by our separate Return and Refund Policy, which is incorporated by reference into these Terms. By agreeing to these Terms, you acknowledge that you have reviewed and agree to the Return and Refund Policy.
2.3 Limited Product Warranty
EverCase offers a limited warranty against manufacturing defects for a period of 6 months from the date of purchase. This warranty does not cover:
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Damage caused by accident, abuse, misuse, liquid contact, or external causes.
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Normal wear and tear, including scratches on the case surface or display.
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Cases used with non-compatible devices.
Warranty claims are subject to the terms outlined in our separate Warranty Policy (if applicable).
3. User Accounts and Content
3.1 Account Responsibility
If you create an account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
3.2 User Submissions (Customization)
If the Service allows users to upload images or content for custom EverCase phone cases:
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You warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use any content you upload for customization.
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You agree not to upload any content that is illegal, abusive, obscene, threatening, defamatory, infringing on intellectual property rights (e.g., logos, trademarks), or invasive of privacy.
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We reserve the right to refuse any customization order that violates these guidelines or for any other reason.
4. Intellectual Property
The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of EverCase Technologies Inc and its licensors. Our trademarks, trade dress, and product name, EverCase, may not be used in connection with any product or service without the prior written consent of EverCase.
5. Limitation of Liability
In no event shall EverCase Technologies Inc, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
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Your access to or use of or inability to access or use the Service;
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Any conduct or content of any third party on the Service;
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Any content obtained from the Service; and
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Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
6. Governing Law and Dispute Resolution
6.1 Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, United States], without regard to its conflict of law provisions.
6.2 Dispute Resolution
Any dispute or claim arising out of or relating to these Terms or the breach thereof, with the exception of injunctive relief, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) in Los Angeles County, California. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
7. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
8. Contact Information
Questions about the Terms and Conditions should be sent to us at evercase25@gmail.com