Terms of Service
Welcome to Evostein.com (the “Website”). The terms “we”, “us”, and “our” refer to Evostein, the owner of the Website. By accessing and using this Website, you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
We reserve the right to update, change, or replace any part of these Terms of Service 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 acceptance of those changes.
SECTION 1 – GENERAL CONDITIONS
By using the Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 – USE OF WEBSITE
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the website through which the service is provided, without express written permission by us.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site 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 site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (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, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS AND SERVICES
Some of our products and services may only be available for purchase online through our website. Please note that these products and services may have limited availability and can only be returned or exchanged in accordance with our Return Policy. While we have made every effort to ensure that the colors and images of our products are accurately displayed on our website, we cannot guarantee that your computer monitor will display the colors accurately. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of our products or services, including pricing, are subject to change at any time without notice, at our sole discretion. We may also discontinue any product or service at any time. Please note that any offer for any product or service made on this site is void where prohibited. We do not guarantee that the quality of any product, service, information or other material that you purchase or obtain from us will meet your expectations, and we do not guarantee that any errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order that you place with us, and we may limit or cancel quantities purchased per person, per household, or per order at our sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more information, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools that we neither monitor nor control nor have any input over. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, and without any endorsement. We will not be liable whatsoever for any liability or damages arising from or relating to your use of optional third-party tools. Any use of optional tools provided through our website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also offer new services and/or features through our website in the future, and these shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Service may include content, products, and services provided by third-parties. Additionally, our site may contain links to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we make no guarantees or warranties regarding any third-party products, materials, or services.
Your use of third-party websites is at your own risk, and we will not be held liable for any damages or harm resulting from your purchase or use of any goods, services, resources, content, or other transactions made in connection with any third-party website. It is your responsibility to review and understand the policies and practices of any third-party website before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you submit any specific submissions at our request, such as contest entries, or if you voluntarily send creative ideas, suggestions, proposals, plans, or any other materials (collectively, 'comments'), you agree that we may use, edit, copy, publish, distribute, translate, and otherwise exploit your comments in any medium without restriction. We are not obligated to keep your comments confidential, compensate you for your comments, or respond to your comments.
We may monitor, edit, or remove any content at our discretion that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or infringing on any party's intellectual property or these Terms of Service.
You agree that your comments will not infringe on any third-party rights, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. Your comments must not contain any abusive, unlawful, or obscene material, or any computer virus or malware that may affect the Service's operation or any related website. You must not use a false email address or mislead us or third parties regarding the origin of your comments. You are solely responsible for the accuracy of your comments. We do not assume any liability for comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Any personal information you submit to the website is governed by our Privacy Policy. To view our Privacy Policy, please refer to the link provided.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
We may occasionally display inaccurate, incomplete, or erroneous information on our site or in the Service, such as 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 modify or update any information or cancel orders if any information in the Service or on any related website is inaccurate without prior notice, including after you have placed your order.
We are not obligated to update, amend, or clarify any information in the Service or on any related website, including pricing information, except as required by law. Any update or refresh date specified in the Service or on any related website should not be taken as an indication that all information has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee the accuracy or reliability of any results that may be obtained from the use of the service. We reserve the right to remove the service for indefinite periods of time or cancel the service at any time without notice to you. You acknowledge that your use of, or inability to use, the service is at your own risk. The service, all products and services delivered to you through the service, are provided "as is" and "as available" without any representation, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us.
Under no circumstances shall colors choice, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless colors choice and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that 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 of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we believe that you have failed to comply with any term or provision of these Terms of Service or we have reason to suspect such failure, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Additionally, we may deny you access to our Services (or any part thereof).
SECTION 17 - COMPLETE AGREEMENT
We reserve the right to enforce any right or provision in these Terms of Service, and the failure to do so does not waive such a right or provision. These Terms of Service, along with any posted policies or operating rules on this website or relating to The Service, constitute the complete agreement and understanding between you and us. They govern your use of the Service and replace any prior or contemporaneous agreements, communications, or proposals, whether written or oral, between you and us (including previous versions of the Terms of Service). Any ambiguities in interpreting these Terms of Service will not be construed against the party who drafted them.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide you Services will be governed by and interpreted in accordance with the laws of California.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You may access the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting changes and updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
We reserve the right to update, change, or replace any part of these Terms of Service 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 acceptance of those changes.
SECTION 1 – GENERAL CONDITIONS
By using the Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 – USE OF WEBSITE
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the website through which the service is provided, without express written permission by us.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site 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 site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (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, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS AND SERVICES
Some of our products and services may only be available for purchase online through our website. Please note that these products and services may have limited availability and can only be returned or exchanged in accordance with our Return Policy. While we have made every effort to ensure that the colors and images of our products are accurately displayed on our website, we cannot guarantee that your computer monitor will display the colors accurately. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of our products or services, including pricing, are subject to change at any time without notice, at our sole discretion. We may also discontinue any product or service at any time. Please note that any offer for any product or service made on this site is void where prohibited. We do not guarantee that the quality of any product, service, information or other material that you purchase or obtain from us will meet your expectations, and we do not guarantee that any errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order that you place with us, and we may limit or cancel quantities purchased per person, per household, or per order at our sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more information, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools that we neither monitor nor control nor have any input over. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, and without any endorsement. We will not be liable whatsoever for any liability or damages arising from or relating to your use of optional third-party tools. Any use of optional tools provided through our website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also offer new services and/or features through our website in the future, and these shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Service may include content, products, and services provided by third-parties. Additionally, our site may contain links to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we make no guarantees or warranties regarding any third-party products, materials, or services.
Your use of third-party websites is at your own risk, and we will not be held liable for any damages or harm resulting from your purchase or use of any goods, services, resources, content, or other transactions made in connection with any third-party website. It is your responsibility to review and understand the policies and practices of any third-party website before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you submit any specific submissions at our request, such as contest entries, or if you voluntarily send creative ideas, suggestions, proposals, plans, or any other materials (collectively, 'comments'), you agree that we may use, edit, copy, publish, distribute, translate, and otherwise exploit your comments in any medium without restriction. We are not obligated to keep your comments confidential, compensate you for your comments, or respond to your comments.
We may monitor, edit, or remove any content at our discretion that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or infringing on any party's intellectual property or these Terms of Service.
You agree that your comments will not infringe on any third-party rights, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. Your comments must not contain any abusive, unlawful, or obscene material, or any computer virus or malware that may affect the Service's operation or any related website. You must not use a false email address or mislead us or third parties regarding the origin of your comments. You are solely responsible for the accuracy of your comments. We do not assume any liability for comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Any personal information you submit to the website is governed by our Privacy Policy. To view our Privacy Policy, please refer to the link provided.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
We may occasionally display inaccurate, incomplete, or erroneous information on our site or in the Service, such as 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 modify or update any information or cancel orders if any information in the Service or on any related website is inaccurate without prior notice, including after you have placed your order.
We are not obligated to update, amend, or clarify any information in the Service or on any related website, including pricing information, except as required by law. Any update or refresh date specified in the Service or on any related website should not be taken as an indication that all information has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee the accuracy or reliability of any results that may be obtained from the use of the service. We reserve the right to remove the service for indefinite periods of time or cancel the service at any time without notice to you. You acknowledge that your use of, or inability to use, the service is at your own risk. The service, all products and services delivered to you through the service, are provided "as is" and "as available" without any representation, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us.
Under no circumstances shall colors choice, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless colors choice and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that 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 of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we believe that you have failed to comply with any term or provision of these Terms of Service or we have reason to suspect such failure, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Additionally, we may deny you access to our Services (or any part thereof).
SECTION 17 - COMPLETE AGREEMENT
We reserve the right to enforce any right or provision in these Terms of Service, and the failure to do so does not waive such a right or provision. These Terms of Service, along with any posted policies or operating rules on this website or relating to The Service, constitute the complete agreement and understanding between you and us. They govern your use of the Service and replace any prior or contemporaneous agreements, communications, or proposals, whether written or oral, between you and us (including previous versions of the Terms of Service). Any ambiguities in interpreting these Terms of Service will not be construed against the party who drafted them.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide you Services will be governed by and interpreted in accordance with the laws of California.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You may access the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting changes and updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.