May 6, 2019
1. Eligibility. By using the EV Website, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the EV Website does not violate any applicable law or regulation.
2. Copyright / Intellectual Property Policy. You should assume that everything you see or read on the EV Website is copyrighted by EV unless otherwise noted and that you may not use any of the images, videos, photography, graphics, artwork, text, and other information and material found on the EV Website without the permission of EV. The EV name ("Everything Vacuums"), and the EV logo are trademarks of EV or its subsidiaries, affiliates, or licensors. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners. You may not use or display the EV trademarks without the prior written permission of EV. You may not “scrape”, “frame,” or “mirror” any parts of the EV Website without the written permission of EV. Any unauthorized duplication, reproduction, distribution, derivative work of the copyrighted material on the EV Website is copyright infringement, subject to all penalties and damages under the United States Copyright Act, 17 USC §§ 101, et seq. Without limiting the foregoing, if you believe that your work has been copied and posted on the EV Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the EV Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. EV's Copyright Agent for notice of claims of copyright infringement can be reached as follows: EverythingVacuums.com, 115 West Christi Dr, Dickson, TN 37055, or admin@EverythingVacuums.com.
3. Product and Company Trademarks of Items and Material on the EV Website: All product and company names are trademarks™ or registered® trademarks of their respective holders and owners. Use of these trademarks on the EV Website does not imply any affiliation with or endorsement by them, unless otherwise noted by us as an "Authorized Dealer." To be clear, we are not authorized dealers of all of the products that we sell on the EV Website. If you have a question or concern about whether we are an "authorized dealer" for a specific brand or product, you agree to contact us at admin@EverythingVacuums.com before purchasing any product through the EV Website. By contacting us prior to purchasing a product, we can provide you all available information in order to prevent any confusion about any possible affiliation, connection, or association, as to the origin, sponsorship, or approval of the goods and services listed on the EV Website.
5. Disclaimers. EV is not responsible for any incorrect or inaccurate content posted on the EV Website or in connection with the EV Services and/or EV Product. There is no guarantee the photos used to visualize a product on the EV website will be an exact representation of the product you will receive. Some pages may contain links to other websites; EV is not responsible for the content, accuracy, or opinions expressed on such websites. Inclusion of any linked website does not imply approval or endorsement of the linked website by EV. When you access these third-party sites, you do so at your own risk. You understand that EV cannot and does not guarantee or warrant that files available for downloading and/or viewing on the EV Services will be free of viruses, works, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. You will be responsible for the security of your password.
6. Manuals and Descriptions of Products: Any manual and/or product information material available on the EV Website is provided as a convenience to you only. You are not authorized to download the manuals except for personal use in connection with equipment or parts you own or operate. You are responsible for entering the correct equipment model number to retrieve the correct manual. We are not responsible for any damages resulting from the use of or reliance on an incorrect manual obtained from the EV Website, or resulting from your negligent acts or omissions when using such manual. Reasonable care has been taken to ensure that all information on the EV Website is true and correct; however, the EV Website may unintentionally contain inaccurate information, whether due to the age of information, error, or omission. Contact EV at admin@EverythingVacuums.com if you become aware of inaccurate information or material.
7. Posts & Comments. By posting information, comments, and/or content on the EV Website, you understand and agree that the material you post will become part of EV Website record and will not be removed simply by your request. By posting information, comments, and/or content to any area of the EV Website, such as customer reviews or product reviews, you automatically assign the copyright in the content to EV. This Agreement constitutes a written agreement for purposes of the Copyright Act, and you hereby affirmatively acknowledge the transfer of the copyright to EV. In addition, you agree that EV maintains irrevocable rights to control your published post(s), including the irrevocable right to exploit your posted name, screen name, and location, in any EV advertising campaign, promotional activity, and/or in commerce without your consent.
8. Limitation on Liability. In no event shall we, our affiliates, employees, successors or assigns, our suppliers, or other third parties mentioned at this site or any of their respective owners, officers, employees, agents, or other representatives be liable for any damages (including, without limitation, incidental, consequential, or punitive damages and those resulting from lost profits, lost data or business interruption) arising out of the purchase of any EV Product or Service, the shipment of any EV Product, the use, inability to use, or the results of use of the EV Website or EV Service, any web sites linked to the EV Website, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages. If your use of the EV Product, EV Services, materials, or information from this site results in the need to service, repair, or correct equipment, you assume all costs of such activities. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR ANY SERVICE OR PRODUCT.
9. Disputes. If there is any dispute about or involving an EV Product or EV Service (whether in tort or contract), you expressly agree that the dispute shall be governed by the laws of the State of Tennessee, USA, without regard to conflict of law provisions, and you agree to EXCLUSIVE personal jurisdiction and venue in the state and federal courts of the United States located in the State of Tennessee, City of Dickson. If an action is brought to enforce the terms of this Agreement, then the prevailing party in that action shall be entitled to recover its costs and attorneys' fees in that action.
10. Indemnity. You agree to indemnify and hold EV, its subsidiaries, and affiliates, and their respective owners, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the EV Services or EV Product, that is in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations set forth above that causes EV to be liable to another or be accused of being liable to another.
11. Other. This Agreement is accepted upon one or more of the following acts: (1) your use of the EV Website, including the browsing of the EV Website; (2) your use or purchase of any of the EV Services; (3) your purchase of EV Product from the EV Website; (4) downloading any information or material from the EV Website; (5) contacting EV by US Mail, phone, fax, or email; and (6) your entering into a financial transaction on the EV Website. If you utilize the EV Services or purchase EV Product(s), we may use your name or company name (or logo) on the EV Website as a listed “past customer,” unless you instruct us otherwise. This Agreement constitutes the entire agreement between you and EV. The failure of EV to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: admin@EverythingVacuums.com with any questions regarding this Agreement.
EverythingVacuums.com Account Credit Agreement
1.1. Account Credit is a form of virtual currency issued by EverythingVacuums.com. It can only be used towards the purchase of merchandise or services offered for sale at EverythingVacuums.com. Account Credits are only for use on products available for purchase on the Web Site and may not be used for the purchase of gift cards or services. Account Credit has no monetary value and is not redeemable for cash except unless otherwise provided by law. Account Credits are non-transferable and can only be used on orders associated with your original EverythingVacuums.com account.
1.2. Account Credits can be redeemed via selecting 'Account Credit' as the payment method during checkout. Purchase amounts that exceed the value of the Account Credit will require an additional method of payment for the balance due.
1.3. Account Credits may not be used in conjunction with coupon codes or discounts.
1.4. Please treat Account Credit like cash. We are not responsible for stolen Account Credits. EverythingVacuums.com is under no obligation to restore lost or stolen Account Credits. The Account Credit account balance and transaction history will be available in the Account Information page; it is accessible after logging into your account at the following link: Account Credit.
2. Compliance with Law
2.1. By electing to receive Account Credit, you are certifying and representing to EverythingVacuums.com that the activities in connection with which the Account Credit will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, including the Terms and Conditions that govern the website. In addition, you agree to defend and indemnify us and our subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of Account Credit or violation of any of these Terms and Conditions.
3. Acceptance of these Terms and Conditions
3.1. These terms and conditions are applicable to you upon accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by EverythingVacuums.com without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
3.2. Upon future contingency where EverythingVacuums.com ceases to continue business operations, EverythingVacuums.com reserves the right to void all active Account Credits. EverythingVacuums.com will not be held accountable for compensation of any Account Credits upon such a contingency.
3.3. In the occurrence of disputes, the customer will automatically forfeit their Account Credits. If the customer files a dispute and has already used the Account Credits given from the disputed order, EverythingVacuums.com will bill the disputer for the Account Credit used from the disputed purchased.
3.4. Upon a breach of contract, EverythingVacuums.com will delete and remove all Account Credits and the offender's IP Banned will be banned. The offender will also be billed for any abused Account Credit amount.
3.5 In the event a Chargeback is issued, you are immediately liable for the full amount of the transaction related to the Chargeback. You are also liable for any associated fees, fines, expenses, or penalties. You agree that any associated fees, fines, penalties or expenses can be deducted from your EverythingVacuums.com Account Credit Balance.
3.6 EverythingVacuums.com reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the ‘Account Credit Service’. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement without notice. Your use of the Account Credit Service will be deemed acceptance thereof.
3.7. Your use of Account Credit constitutes acceptance of these Terms and Conditions.
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