The Everywhere Store® Terms of Service
Last Updated: October 02, 2021
I. Introduction and Eligibility
Please carefully read these Terms of Service ("Terms"), including The Everywhere Store®'s Privacy Policy (which is incorporated by reference into these Terms) before using The Everywhere Store® Service (as defined below).
Binding Agreement. These Terms constitute a binding agreement between you and The Everywhere Store® Inc. and its affiliates and subsidiaries. "You" and "users" shall mean all visitors to and users of The Everywhere Store® Service. You accept these Terms each time you access The Everywhere Store® Service. If you do not accept these Terms, you must not use The Everywhere Store® Service.
Revisions to Terms. The Everywhere Store® may revise these Terms at any time by posting an updated version to this web page. Your continued use of The Everywhere Store® Service after a change to these terms constitutes your binding acceptance of these Terms. However, no revisions to these Terms will apply to any dispute between you and The Everywhere Store® that arose prior to the date of such revision.
Children. No part of The Everywhere Store® Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE EVERYWHERE STORE® SERVICE AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use The Everywhere Store® Service.
The terms "post" or "posting" as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar actions on The Everywhere Store® Service.
II. The Everywhere Store® Service
The Everywhere Store® Service is defined as any website, mobile application, or Internet service under The Everywhere Store®'s control, whether partial or otherwise, in connection with providing the services provided by The Everywhere Store®. The Everywhere Store® Service provides a platform for purchasing and selling products, including but not limited to products, and for reading, learning about, and sharing information regarding products. The Everywhere Store® Service also provides recommendations based on a) the products you like, or b) the recommendations of specific users, and c) the collective judgment of The Everywhere Store® community.
Recommendations Are For Informational Purposes Only. The Everywhere Store® Service will not provide any medical, financial, legal, or other advice. All content on The Everywhere Store® Service is for informational purposes only, and not as a specific directive to undertake a given action.
III. Your Account and Account Communications
You agree to receive email from us at the email address you provided to us for informational or operational purposes, such as billing, account management, or system maintenance.
Electronic Notices. By using The Everywhere Store® Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of The Everywhere Store® Service. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on The Everywhere Store® Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at info@everywherestore.com.
IV. The Everywhere Store®' Content Ownership and Use
The contents of The Everywhere Store® Service include: digital downloads, designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other The Everywhere Store® content (collectively, "The Everywhere Store® Content"). All The Everywhere Store® Content and the compilation (meaning the collection, arrangement, and assembly) of all The Everywhere Store® Content are the property of The Everywhere Store® or its licensors or principals and are protected under copyright, trademark, and other laws.
License to You. The Everywhere Store® grants you, subject to these Terms, a limited license to access and use The Everywhere Store® Service and The Everywhere Store® Content solely for the use of The Everywhere Store®' services, at The Everywhere Store®' discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of The Everywhere Store® Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original The Everywhere Store® Content on any copy you make of The Everywhere Store® Content.
Licensed and Purchased ebooks. Upon your payment of necessary fees to license or purchase an ebook, we grant you a non-exclusive, non-transferable right to view, use and display the ebook for your personal, non-commercial, entertainment use, solely through The Everywhere Store® Service and subject to and in accordance with these Terms. You represent, warrant, and agree that you will use ebooks purchased through The Everywhere Store® Service only for your personal, non-commercial, entertainment use, and not for any redistribution or any other purpose. You agree not to infringe the rights of the ebooks' copyright owners and to comply with all applicable laws in your use of ebooks. You agree you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any ebook unless we give you explicit permission to do so. The amount you pay to purchase or to obtain a license to an ebook is non-refundable.
Digital Rights Management. Ebooks may include unique identifiers that are specific to you or your purchase (e.g., digital rights management, or "DRM"). It may be necessary to use DRM software provided by The Everywhere Store® in order to access certain ebooks through The Everywhere Store® Service. This DRM software will limit your use of ebooks in accordance with the terms of the license granted to you under these Terms or in accordance with ebook-specific terms that may be established from time to time. The Everywhere Store® reserves the right to change, at any time, without prior notice to you, the DRM software required to access ebooks through The Everywhere Store® Service. You agree that you will not decipher, reverse engineer, decompile, disassemble, modify or disable any DRM or use limitation systems associated with the ebooks. The Everywhere Store® does not warrant that any mechanism in the DRM that allows transfer of licenses to other computers or devices will continue to be available. You recognize and acknowledge this limitation and represent that you understand that it means that the ebook files may not be transferable to new computers and/or devices in the future.
The Everywhere Store® Marks. The Everywhere Store®, The Everywhere Store® logo, and other The Everywhere Store® logos and product and service names are or may be trademarks of The Everywhere Store® (The Everywhere Store® Marks"). Without The Everywhere Store®'s prior written permission, and except as solely enabled by any link as provided by The Everywhere Store®, you agree not to display or use in any manner The Everywhere Store® Marks.
V. Conditions of Sale and Payment Terms
Conditions of Sale. To license or purchase Products through The Everywhere Store® Service, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident of the applicable territory in which the products are available for sale. Each license or purchase of an ebook by you will be considered to be a separate transaction and each delivery of an ebook will constitute a separate sale, whether such delivery is in whole or partial fulfillment of an order.
Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell or license. The Everywhere Store® reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by The Everywhere Store® upon delivery of an ebook, as indicated by our servers, or upon the shipping of your order of a physical Product. All orders placed over $100.00 must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
Methods of Payment. All payments must be made by VISA, MasterCard, Discover, American Express, Diners Club, JCB, UnionPay, PayPal, iDeal, or Bancontact. We currently do not accept cash, checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU, AND NOT THE EVERYWHERE STORE, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any conversion fees, foreign transaction fees, and applicable taxes) at the rates in effect when the charges were incurred. Unless you notify The Everywhere Store® of any discrepancies within thirty (30) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If The Everywhere Store® does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by The Everywhere Store® or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. The Everywhere Store® shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within any states or localities that it deems is required.
Price Changes and Modifications to Payment Terms. The Everywhere Store® shall have the right to refuse or cancel any orders placed for Products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. The Everywhere Store® shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit car charged. If your credit card has already been charged for the purchase and your order is canceled, The Everywhere Store® shall immediately issue a credit to your credit card account in the amount of the charge. THE EVERYWHERE STORE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
VI. Intellectual Property Rights and Your License to Use
The Everywhere Store® Claims No Ownership. The Everywhere Store® Service may provide you with the ability to create, post, or share content, including reviews, comments, or photos ("Your User Content"). The Everywhere Store® claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through The Everywhere Store® Service. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
The Everywhere Store®'s Use of Posted Content on The Everywhere Store® Service. By creating, posting, or sharing Your User Content on or through The Everywhere Store® Service, and subject to The Everywhere Store®'s Privacy Policy, you grant The Everywhere Store® a universal, non-exclusive, royalty-free irrevocable, and perpetual license to use, modify, remove, publish, transmit, or display Your User Content for any purpose, including for the purpose of promoting The Everywhere Store® and its services. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. The Everywhere Store® will discontinue this licensed use within a commercially reasonable period after Your User Content is removed from The Everywhere Store® Service. The Everywhere Store® reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.
You Acquire No Ownership of Others' Content. You understand and agree that you will not obtain, as a result of your use of The Everywhere Store® Service, any right, title, or interest in or to such content delivered via The Everywhere Store® Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through The Everywhere Store® Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through The Everywhere Store® Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on The Everywhere Store® Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through The Everywhere Store® Service.
The Everywhere Store® Service contains content from users and other The Everywhere Store® licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through The Everywhere Store® Service.
VII. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on The Everywhere Store® Service infringe your copyright, you (or your agent) may send The Everywhere Store® a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on The Everywhere Store® Service are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow The Everywhere Store® to locate the material on The Everywhere Store® Service;
Your name, address, telephone number, and email address (if available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send The Everywhere Store® a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to The Everywhere Store® Service should be sent via mail to DMCA Notice, The Everywhere Store® Inc. or via email to info@everywherestore.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
VIII. Suggestions and Submissions
The Everywhere Store® appreciates hearing from its users and welcomes your comments regarding The Everywhere Store® Service. Please be advised, however, that The Everywhere Store® does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While The Everywhere Store® values your feedback on its services, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send The Everywhere Store® creative ideas, The Everywhere Store®:
Shall own, exclusively, all now known or later discovered rights to the creative ideas;
Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
IX. User Content Disclaimers, Limitations, and Prohibitions
The Everywhere Store® does not represent or guarantee the truthfulness, accuracy, or reliability of content posted by users ("User Content"). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk.
Prohibited The Everywhere Store® Service Uses. You agree to use The Everywhere Store® Service only for its intended purpose. You must use The Everywhere Store® Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of The Everywhere Store® Service are prohibited. You may not:
Resell or make any commercial use of any The Everywhere Store® Service or The Everywhere Store® Content;
Collect or use any product listings, descriptions, or prices;
Download or copy any information on The Everywhere Store® Service, including account information, for the benefit of another merchant;
Make any derivative use of The Everywhere Store® Service or The Everywhere Store® Content;
Aggregate, copy, or duplicate any The Everywhere Store® Content;
Use data mining, robots, or other data gathering devices on The Everywhere Store® Service;
Remove, disable, damage, circumvent, or otherwise interfere with the security of The Everywhere Store® Service;
Interfere or attempt to interfere with the proper working of The Everywhere Store® Service;
Gain unauthorized access to The Everywhere Store® Service or computers linked to The Everywhere Store® Service;
Reverse engineer or attempt to reverse engineer The Everywhere Store® Service;
Frame or link to The Everywhere Store® Service without permission;
Attempt to or submit a virus to The Everywhere Store® Service;
Take any action imposing an unreasonable or disproportionately large load on The Everywhere Store®' infrastructure;
Attempt to obtain or obtain unauthorized access to other users' accounts;
Sell, transfer, or assign any of your rights to use The Everywhere Store® Service or any ebooks licensed through The Everywhere Store® Service to a third party without the express written consent of The Everywhere Store®;
Use The Everywhere Store® Service in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to The Everywhere Store® or others;
Use The Everywhere Store® Service in an illegal way or to commit an illegal act;
Access The Everywhere Store® Service from a jurisdiction where it is illegal, unauthorized, or penalized;
Control an account if another account controlled by you has performed these activities or otherwise breached these Terms;
Post information on behalf of another person or entity without their consent; or
Post incomplete, false, or misleading information in a user profile, impersonate another person, or misrepresent your affiliation with a person or entity.
X. Your Login Credential Information
You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify The Everywhere Store® immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that The Everywhere Store® will not be liable for any loss or damage arising from unauthorized use of your credentials.
XI. Consequences of Violating These Terms
The Everywhere Store® may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of The Everywhere Store® Service.
The Everywhere Store® reserves the right to suspend or terminate your account and prevent access to The Everywhere Store® Service for any reason, at its discretion. The Everywhere Store® reserves the right to refuse to provide The Everywhere Store® Service to you in the future. Perpetual licenses granted by you to The Everywhere Store® remain in full force and effect.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by The Everywhere Store® or others caused by or arising out of your breach of these Terms and your use of The Everywhere Store® Service.
XII. The Everywhere Store®' Liability
Changes to The Everywhere Store® Service. The Everywhere Store® may change, suspend, or discontinue any aspect of The Everywhere Store® Service at any time, including hours of operation or availability of The Everywhere Store® Service or any feature, without notice or liability.
User Content. The Everywhere Store® does not control User Content and does not have an obligation to monitor it for any purpose. The Everywhere Store® has no obligation to make User Content available through The Everywhere Store® Service. The Everywhere Store® may choose, in its sole discretion, to monitor, review, or otherwise access some User Content, but The Everywhere Store® assumes no responsibility for doing so. The Everywhere Store® assumes no responsibility for the conduct of users or other third parties.
The Everywhere Store® reserves the right, in its sole discretion, to remove Your User Content, and The Everywhere Store® does not assume any obligation to remove it. To the extent permitted by law, The Everywhere Store® disclaims any liability for failing to take any such action. To the extent permitted by law, in no event shall The Everywhere Store® be liable for the deletion, loss, or unauthorized modification of any User Content.
The Everywhere Store® is not liable for any User Content that may infringe intellectual property rights or violate other laws. Users are solely responsible for the content, such as images, they post.
User Disputes. The Everywhere Store® is not responsible for any disputes or disagreements between you and any other user. You assume all risk associated with dealing with other users. You agree to resolve disputes directly with the other party. You release The Everywhere Store® of all claims, demands, and damages in disputes among users of The Everywhere Store® Service. You also agree not to involve The Everywhere Store® in such disputes. Use caution and common sense when using The Everywhere Store® Service.
Content Accuracy. The Everywhere Store® makes no representations about accuracy, reliability, completeness, or timeliness of any contents of The Everywhere Store® Service, including recommendations made to you. Similarly, The Everywhere Store® makes no representations about accuracy, reliability, completeness, or timeliness of any data from third-party service provider or the quality or nature of third-party products or services obtained through The Everywhere Store® Service.
Third-Party Websites. The Everywhere Store® Service may include links to third–party websites and applications. You are responsible for evaluating whether you want to access or use them. The Everywhere Store® is not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and The Everywhere Store® disclaims all liability arising from your use of them.
The Everywhere Store® makes no promises and disclaims all liability of specific results from the use of The Everywhere Store® Service.
Released Parties Defined. "Released Parties" include The Everywhere Store® and its affiliates, officers, employees, agents, partners, and licensors.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF The Everywhere Store® SERVICE IS AT YOUR SOLE RISK, AND The Everywhere Store® SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON The Everywhere Store® SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) The Everywhere Store® SERVICE WILL MEET YOUR REQUIREMENTS, (ii) The Everywhere Store® SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF The Everywhere Store® SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH The Everywhere Store® SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF The Everywhere Store® SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE EVERYWHERE STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE EVERYWHERE STORE® SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF The Everywhere Store® SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON The Everywhere Store® SERVICE; (v) YOUR RELIANCE ON RECOMMENDATIONS MADE BY THE EVERYWHERE STORE; OR (vi) ANY OTHER MATTER RELATING TO The Everywhere Store® SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE EVERYWHERE STORE'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH The Everywhere Store® SERVICE OR YOUR USE OF THE EVERYWHERE STORE'S CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) Your User Content or other material you provide to The Everywhere Store® Service, (ii) your use of or reliance on any The Everywhere Store® Content, or (iii) your breach of these Terms. The Everywhere Store® shall provide notice to you promptly of any such claim, suit, or proceeding.
XIII. General Terms
These Terms constitute the entire agreement between you and The Everywhere Store® concerning your use of The Everywhere Store® Service. The failure of The Everywhere Store® to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
XIV. Arbitration, Class Waiver, and Waiver of Jury Trial
These Terms and the relationship between you and The Everywhere Store® shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and The Everywhere Store® agree to submit to the personal and exclusive arbitration of any disputes relating to your use of The Everywhere Store® Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York, New York. You covenant not to sue The Everywhere Store® in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
How to Contact Us
For questions or comments regarding this Terms of Service, please contact us at:
© The Everywhere Store®, Inc. All Rights Reserved.It all begins with an idea. Maybe you want to launch a business. Maybe you want to turn a hobby into something more. Or maybe you have a creative project to share with the world. Whatever it is, the way you tell your story online can make all the difference.
Don’t worry about sounding professional. Sound like you. There are over 1.5 billion websites out there, but your story is what’s going to separate this one from the rest. If you read the words back and don’t hear your own voice in your head, that’s a good sign you still have more work to do.
Be clear, be confident and don’t overthink it. The beauty of your story is that it’s going to continue to evolve and your site can evolve with it. Your goal should be to make it feel right for right now. Later will take care of itself. It always does.