Effective Date: October 30, 2019
The following Terms of Service (these “Terms”) describe the terms and conditions on which Evereve, Incorporated (sometimes referred to in these Terms as “Evereve,” “Evereve.com,” “Trendsend,” “Trendsend.com,” “we” or “us”) offers you access to this website (this “Site”) and to any related website, application, service or mobile application on or to which these Terms are linked or referenced (collectively with this Site, the “Services”).
Before accessing and using the Services, please read these Terms carefully because they constitute a legal agreement between Evereve and you. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE TERMS AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO.
IMPORTANT NOTE: These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” (Section 8) and “DISPUTE RESOLUTION” (Section 10) below for more information.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE SERVICES.
1. CHANGES TO TERMS
The Effective Date of these Terms is set forth at the top of this webpage. As we add new features, we may need to modify these Terms. Whenever possible, we will provide you with advance written notice of our changes. We will not make changes that have a retroactive effect unless we are legally required to do so. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of or agreements, notices or statements of or about the Terms.
2. ADDITIONAL TERMS
Certain Services may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. If any additional term is irrevocably inconsistent with any provision of these Terms, the additional term will prevail but solely to the extent of the inconsistency.
4. EVEREVE CONTENT
The Services and any information, graphic, artwork, text, video clip, audio clip, trademark, logo and other content provided on, in or through the Services (collectively, “Evereve Content“) are owned by Evereve or its licensors and protected under both United States and foreign copyright, trademark and other laws.
Evereve grants to you a personal, nonexclusive, nontransferable and limited license (without the right to sublicense) to access and use the Services and download, print and/or copy EvereveContent solely for your own personal use and subject to these Terms. You acknowledge that the trade secrets and intellectual property embodied in the Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by Evereve.
5. USING THE SERVICES
5.1. Eligibility: You must be the age of legal majority or older in your place of residence to use the Services.
5.2 Your Account: You are required to create an account (“Account”) to use certain features of the Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete or inaccurate information, you understand that we have the right to terminate your Account and use of the Services. By creating an Account, you agree that Evereve may contact you and send you communications using the information in your Account.
Please do not share your Account with anyone else. You are responsible for all use of your Account, including use by others to whom you have provided access to your Account.
5.3 Your Subscriptions: If you elect you receive orders on a subscription basis, an order will be scheduled to ship 30, 60, or 90 days after your previous subscription order was shipped, depending on your subscription type. You have the ability to cancel or modify a subscription via your account dashboard. If a subscription is cancelled after an order is generated on your subscription date, Evereve cannot guarantee that the order will not be sent out.
5.4 Your Orders: Orders can be placed online or automatically if you are signed up for a subscription. At the time your order is styled, you will be charged a $20 styling fee. This fee is effective for orders styled on or after January 30th, 2019. Evereve will send you a Trendsend order, with items picked for you by a stylist. You may keep all, some, or none of the items in your order. The styling fee is non-refundable, but is applied toward your purchase. If you keep no items, or if your order total is less than $20.00, the value of the styling fee is forfeited. Evereve will charge your credit card for all items kept from a given order. Items you do not pay for must be returned to Evereve in original condition with all tags attached by the date noted in the shipping confirmation email. If no items have been returned by the date stated in the shipping confirmation for a given order, you authorize us to charge your credit card for all items included in the order.
To pay for an order, you will need to provide Evereve with the information necessary to process the order, including your shipping address and the billing information requested to pay for such order. You may purchase items from your order via credit card or other manner then available as Trendsend payment methods. If you have a credit from a past order, the credit will be credited to the purchase and the remaining balance, if any, may then be paid via credit card or other manner then available on the Site. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of the Return Date unless we otherwise notify you. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Site; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
After purchasing item(s) from your Trendsend box, you may return items to an Evereve store, or by using the included return label, within thirty (30) days for store credit in the form of a physical or electronic gift card.
5.5. Your Responsibilities: You may use the Services for lawful, non-commercial purposes only. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party’s use and enjoyment of the Services.
You may not attempt to gain unauthorized access to the Services, other users’ Accounts or Evereve’s computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to encourage or allow any third party to):
- copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Services or Evereve Content;
- remove any copyright, trademark or other proprietary rights notices contained in the Site and/or Services or Evereve Content;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site and/or Services;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site and/or Services or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time
- reformat or frame any portion of the web pages that are part of the Services;
- create more than one Account under false or fraudulent pretenses; or
- collect or store personal data about any other user without his/her express prior written consent.
Evereve has the discretion to terminate your access to the Services without notice for any violation of the above rules.
You are solely responsible for any and all charges, fees and other costs related to use of the Services. If you access and use the Services on your smartphone, tablet or other mobile device, you must have wireless service through Wi-Fi or a participating mobile service provider. You agree that you are solely responsible for all message and data charges that you incur from your mobile service provider.
Evereve may from time to time offer Services that use text messaging (SMS or MMS) capability. We do not impose a separate charge for text messaging services but message and data rates may apply. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. Evereve is not liable for any delays in the receipt of any text messages as delivery is subject to effective transmission from your mobile service provider. Text messages are provided on an “as is” basis and may not be available in all areas at all times.
Once you opt-in to receive text messages from us, the frequency of text messages that we send to you will depend on your transactions with us. By agreeing to receive text messages, you understand and agree that Evereve may use an automatic telephone dialing system to deliver text messages to you and that your consent is not required as a condition of purchase for any goods or services.
5.6. Submissions. Evereve may from time to time offer areas in the Services where you and other users can post or otherwise submit suggestions, ideas, notes, concepts or other information or materials to or through the Services (collectively, “Submissions“). By sending, posting or transmitting Submissions to Evereve (and/or our designees) or any area of the Services, you grant Evereve and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. In other words, Evereve has the automatic right to use your Submissions — including reproducing, disclosing, publishing or broadcasting your Submission — in any medium and for any purpose. Under no circumstances are you entitled to payment if Evereve uses one of your Submissions. All Submissions are deemed non-confidential and non-proprietary.
You are the owner of and are responsible for your Submissions. By posting a Submission, you represent and warrant that:
- you own or otherwise control all of the rights to your Submission, including without limitation all copyrights and trademarks;
- your Submission is true and accurate;
- your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
- your Submission complies with applicable laws, rules and regulations.
You acknowledge and agree that Evereve has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any Submission. Evereve takes no responsibility and assumes no liability for any Submission posted by you or any third party.
Evereve strongly encourages you not to disclose any personal information in your Submissions because other people can see and use the personal information in your Submissions. Evereve is not responsible for information that you choose to communicate via Submissions.
From time to time, we may offer you the opportunity to participate in discounts, offers or other promotions (collectively, “Promotions”). Promotions are not open to employees (and their immediate family members or members of the same household) of Evereve and its affiliates, agents and advertising and promotion agencies. You may not transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through our Promotions. Unless required by law, any Promotion-related prize, premium or other benefit may not be combined with a benefit received in connection with any other Promotion. ANY PRIZE, PREMIUM OF OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM EVEREVE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion or Promotion-related process. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void anywhere that they are prohibited, restricted or taxed.
BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE EVEREVE AND ITS AGENTS AND AFFILIATES FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE AND/OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.
7. LINKS TO OTHER SERVICES
The Services may contain links to third-party websites and services, including social media (collectively, “Linked Services”). Linked Services are not under the control of Evereve and Evereve is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Services. The inclusion of a link does not imply endorsement by Evereve of the Linked Services or any association with the operators of the Linked Services. Evereve does not investigate, verify or monitor the Linked Services. Evereve provides links to Linked Sites for your convenience only. You access Linked Services at your own risk.
8. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
Evereve warrants that Evereve has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Evereve specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Evereve does not warrant that (a) the Services will meet your requirements, (b) operation of the Services will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by Evereve or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
YOU AGREE THAT IN NO EVENT WILL EVEREVE BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF EVEREVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law.
IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN EVEREVE’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO ONE THOUSAND DOLLARS ($1,000).
You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that we would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
You agree to indemnify and defend Evereve and its directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against Evereve by any third party arising from your use of the Services or any violation of these Terms, the rights of a third party or applicable law. Evereve reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of Evereve may be made without Evereve’s prior written approval.
10. DISPUTE RESOLUTION
These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Minnesota without giving effect to the principles of conflicts of laws of such state and are binding upon the parties hereto in the United States and worldwide. You and Evereve agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
YOU AND Evereve AGREE THAT EACH MAY BRING claims against the other only on an individual basis and not as a plaintiff or class member in any PURPORTED class or representative action or proceeding.
YOU AND Evereve AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION 10 AND THAT YOU AND Evereve WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Evereve and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of these Terms to arbitration (collectively, “Covered Disputes“) will be settled by binding arbitration in the State of Minnesota administered by the American Arbitration Association (AAA) in accordance with its rules (including its rules and procedures for consumer-related disputes) in effect on the date thereof (“AAA Rules”). Prior to initiating any arbitration, the initiating party will give the other party at least 60 days’ advanced written notice of its intent to file for arbitration. Evereve will provide such notice by email to the email address that you provided when you created your account and you must provide such notice to Evereve by email at firstname.lastname@example.org.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Evereve will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Evereve for all fees associated with the arbitration that Evereve paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.
A single arbitrator will be selected in accordance with the AAA Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential. Evereve and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. If any provision of the agreement to arbitrate in this Section 10 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section 10, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against Evereve under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this Section 10.
11. ELECTRONIC CONTRACTING
12. GEOGRAPHIC RESTRICTIONS
The Services are based in the United States and provided for access and use only by persons located in the United States.You acknowledge that you may not be able to access the Services outside of the United States and that access may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
These Terms automatically terminate when you fail to comply with any term or condition of them. Evereve may terminate or modify your access to the Services, with or without notice to you, at any time for any reason. For example, access to the Services may be denied without notice if Evereve believes that you are a minor.
Termination will not limit any of Evereve’s other rights or remedies. Sections 4, 8, 9, 10 and 15, as well as any other provision that must survive in order to give proper effect to the intent and purpose of these Terms, shall survive termination.
14. CLAIMS OF COPYRIGHT INFRINGEMENT
We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated in or through the Services, please send your claim or notice of infringement to our DMCA agent at:
3914 West 50th Street
Edina, MN 55424
Our DMCA Agent will only respond to notices and inquiries that comply with the requirements of the DMCA. Please see www.copyright.gov for more information.
- These Terms inure to the benefit of and will be binding upon Evereve’s and your successors and assigns, respectively
- These Terms may be assigned by Evereve but you may not assign the Terms without the prior express written consent of Evereve.
- If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
- If Evereve fails or you fail to perform any obligation under these Terms and the other party does not enforce such obligation, the failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion.
- Nothing contained in these Terms will be deemed to constitute Evereve or you as the agent or representative of the other or as joint venturers or partners.
- If Evereve is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such cause.
- Headings and captions are for convenience only.
If you have any questions about these Terms or the Services, please contact us at email@example.com.