Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS carefully before using this website (‘the Site’). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined hereafter), information, recommendations and/or services provided to you on or through the Site. By accessing and using the Site, you signify your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. If you do not agree to these Terms and Conditions in their entirety please leave the Site.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Please refer to our Privacy Policy, linked here: https://evenodd.us/privacy
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Ownership of Content
The Site is owned and operated by EvenOdd, LLC. All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by EvenOdd, LLC, its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with EvenOdd, LLC, no portion or element of the Site or its Content may be copied or retransmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of EvenOdd, LLC or its licensors unless otherwise expressly agreed.
Site Features
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. 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.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. Please refer to our Privacy Policy, linked here: https://evenodd.us/privacy
Copyright & Trademarks
Copyright
The copyright in all Content is and remains owned by EvenOdd, LLC Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the consent of EvenOdd, LLC For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by EvenOdd, LLC. EvenOdd, LLC does not transfer title to the Software to you. You own the medium on which the Software is recorded, but EvenOdd, LLC retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Trademarks
All trademarks, service marks and trade names of EvenOdd, LLC used herein (including but not limited to: the word mark “EvenOdd”, “the EvenOdd logo”) are trademarks or registered trademarks of EvenOdd, LLC or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify EvenOdd, LLC trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without EvenOdd, LLC’ prior written consent. The use of EvenOdd, LLC trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is prohibited without the express written consent of EvenOdd, LLC
Disclaimer of Warranties
The Site and the content are provided ‘as is’ and without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the site is for general information purposes only and does not constitute advice. EvenOdd, LLC does not represent or warrant that the information and/or facilities contained in the Site are accurate, complete or current, or that the site will be uninterrupted or error free, or that any defects in the site will be corrected or that the site or the server that makes the Site available are free of viruses or any other harmful components.
EvenOdd, LLC does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law. EvenOdd, LLC reserves the right to suspend or withdraw the whole or any part of the site at any time without notice without incurring any liability.
Limitation of Liability
Your use of the Site is at your own risk. Neither EvenOdd, LLC, nor any of its affiliates, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Site will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the Site, including damages caused by viruses or any incorrectness or incompleteness of the information on the Site, or the performance of the products, even if EvenOdd, LLC has been advised of the possibility of any such damages. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions and limitations may not apply to you.
Links to Third Parties
For your convenience and to improve the usage of the Site, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside EvenOdd, LLC’s service and off the EvenOdd, LLC Site and are beyond EvenOdd, LLC’s control. This includes links to partners that may use EvenOdd, LLC’s logos as part of a co-branding agreement. The sites you can link to have their own separate privacy policy and although EvenOdd, LLC seeks to protect the integrity of its Site, EvenOdd, LLC is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.
Misuse of the Site
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
Participation Disclaimer
From time to time EvenOdd, LLC makes it possible to view and distribute content generated by you, for instance through social sharing to others persons. If you make use of this you acknowledge that EvenOdd, LLC only acts as a passive conduit for the distribution and is not responsible and liable for the content of the communications and materials generated by you or other users.
EvenOdd, LLC reserves the right at its sole discretion to block or remove any communications and materials it believes is not in accordance with these Terms and Conditions, or otherwise unacceptable to EvenOdd, LLC.
Unsolicited Ideas
EvenOdd, LLC maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to EvenOdd, LLC. You should therefore not post any Materials on the Site or send these to EvenOdd, LLC by e-mail or otherwise. In the event you do sent EvenOdd, LLC any Materials, despite the request not to do so, EvenOdd, LLC shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and free of charge and EvenOdd, LLC shall not be bound by any confidentiality obligation in respect of such Materials.
Changes to the Terms
EvenOdd, LLC reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the EvenOdd, LLC Privacy Policy) will mean you accept those changes.
Purchases
See the our Shipping Information and Return Policy. When we make it possible to order products via the Site, please also read the terms and conditions and the shipping and return/exchange policies that will apply to those purchases. You can find these terms and conditions and return policy on the page where you place your order.
Products & Services
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 Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
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 reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Modification to 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.
Accuracy, Completeness & 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.
Occasionally there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Applicable Law and Jurisdiction
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Any issues involving this site shall be governed by the laws of the state of New York and anybody using this site agrees that any lawsuit shall be litigated in state or federal court in New York. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect. Last revised June 5, 2018. Your Consent By using our site, you consent to our privacy policy
How to Contact Us
If you have any questions or comments about the Site or any of our services, please email [email protected].