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Acceptance Of The Terms Of Use

Welcome to the web pages of AndEverything (the “Company,” “we” or “us”). The following terms and conditions, including the terms contained in our Privacy Notice and Terms of Sale (collectively, the “Terms of Use”) govern your access to and use of http://www.andeverything.com (the “Website”), including any content, functionality, products and services offered on or through the Website, whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, by the terms and conditions in our Privacy Notice and the Terms of Sale, found in this document. If you do not want to agree to these Terms of Use, or the terms and conditions in our Privacy Notice and Terms of Sale, you must not access or use the Website.

This Website is offered and available to users who are at least 18 years of age or older and reside in the United Kingdom or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Website.

You may be required to establish an account with us to use certain aspects of the Website, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

Changes To The Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are urged to check this page frequently so you are aware of any changes, as they are binding upon you.

Accessing The Website And Account Security

We reserve the right to take down or modify the Website, and to cease, take down or modify any content, goods or services we provide on or through the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any account, user name, password or other identifier, whether chosen by you or provided by us, at any time, if, in our sole discretion or in our opinion, we suspect security has been compromised, or that you have violated any provision of these Terms of Use.

APP PERMISSIONS

When you use apps created by the Company, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

EXPORT POLICY

You may not use the Website if you are the subject of sanctions imposed by the U.S. or sanctions consistent with U.S. law imposed by other countries’ governments where you are using the Website. You must comply with all U.S. or other export and re-export restrictions that may apply to products, software, technology, and services.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website as our customer. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download copies of a reasonable number of pages of the Website for your own use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by our end user license agreement for such application(s).

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from any printed or downloaded copies of materials from this site.
  • If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by theseTerms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

TRADEMARKS

The Company name, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notice to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”), this written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:
Lisa A. Lori, Esquire
Klehr Harrison Harvey Branzburg LLP
1835 Market Street, 14th Floor
Philadelphia, PA 19103
llori@klehr.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notice with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

Completed Counter-Notices should be sent to:
Lisa A. Lori, Esquire
Klehr Harrison Harvey Branzburg LLP
1835 Market Street, 14th Floor
Philadelphia, PA 19103
llori@klehr.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful to the Website, users of the Website or the Company.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Content Standards

These Content Standards apply to any and all materials or information you may post, or submit for use in connection with the Website or any product or service contained or offered therein.

“Content” includes all graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information that you upload, permit us to upload, post or submit for use in connection with the Website (referred to herein as “Content”).

Content provided by users must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, content must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

You shall be solely responsible for your own content submitted and the consequences of submitting and publishing your content on the Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents and permissions to publish or use content you submit; and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for use in connection with the services on this Website.

For clarity, you retain all of your ownership rights in your content, except as to data. However, by submitting content to us, you hereby grant to us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the services provided through this Website.

We do not endorse any content submitted by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such content submitted. We do not permit copyright infringing activities and infringement of intellectual property rights on or in connection with the services provided through the Website and, if we are made aware of any such infringement, we will remove the content if properly notified that such content infringes on another’s intellectual property rights. We reserve the right to remove content without prior notice for any reason.

By placing an order on this Website, you warrant that you have all necessary permission, right and authority to place the order. You authorize the Company to produce the products on your behalf. You grant us the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded and permitted us to upload for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit us to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.

PRIVACY NOTICE

This Privacy Notice describes the types of information we may collect from you or that you may provide when you visit this Website or utilize our services. This Privacy Notice also describes our practices for collecting, using, maintaining, protecting and disclosing that information.

This Privacy Notice applies to information we collect:

  • On this Website.
  • From any e-mails, texts or other electronic messages between you and this Website.
  • Through any active or passive browser or other interaction when you access this Website.
  • Or in any other manner from you.

This Privacy Notice does not apply to information collected:

  • By any third party (which may include our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to access or use our Website. By accessing or using this Website, you agree to this Privacy Notice and our policies and practices described in this Privacy Notice.

Please note that this Privacy Notice may change from time to time and, therefore, you are encouraged to check this Privacy Notice each time you access or use our Website. Your continued use of this Website after we make changes to the Privacy Notice is deemed to be acceptance of those changes, so please check periodically for updates.

PRIVACY NOTICE: CHILDREN UNDER THE AGE OF 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features; do not register on the Website; do not make any purchases through the Website; do not use any of the interactive or public comment features of this Website; and do not provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@andeverything.com and provide us sufficient detail to investigate the matter and take corrective action if necessary.

PRIVACY NOTICE: INFORMATION WE COLLECT

We collect several types of information from and about users of our Website and their customers or clients, including information:

  • By which you or third parties may be personally identified, such as name, postal address, e-mail address, credit card/payment information, telephone number and the like (“Personal Information”).
  • From time to time you may be asked to provide information that is about you but that does not identify you, such as demographic data, buying preferences or the like, which we may collect to improve the functionality and utility of the Website; to improve our marketing and advertising of our products and services; and to serve our customers.
  • About your internet connection, the equipment you use to access our Website and usage details. This may include your web browsing history prior to visiting our Website, such as what websites and/or links may have referred you to our Website.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the Website and its webpages. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
  • From third parties, for example, marketing and advertising agencies; data repositories; or our business partners.

PRIVACY NOTICE: INFORMATION YOU PROVIDE TO US

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website, whether provided via check boxes, radio buttons or text boxes. This includes information provided at the time of registering to use our Website, posting any materials to the Website, purchasing goods or services from the Website or paying us for goods and services you order. From time to time, we may also ask you for information when conducting surveys, running promotions or when you report a problem with our Website.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes, including customer satisfaction surveys.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
  • Your search queries or browsing activity on the Website.

PRIVACY NOTICE: INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Website, including your browsing history previous to visiting our Website, and other communication data and resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.

The information we collect automatically may be statistical (e.g., not personally identifiable information), but may also contain personally identifiable information (for example, a static IP address that may be associated with you), and may be maintained or associated with Personal Information about you that we collect in other ways or receive from third parties. Such information helps us to improve our Website and to deliver a better and more personalized service for our customers, including by enabling us to:

  • Estimate our customer base, audience size and site usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests and tastes.
  • Speed up loading of the Website when you access it.
  • Speed up your searches on the Website.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include, among others:

  • Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website, or the functionality of the Website may be degraded. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash Cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies and, thus, may remain on your hard drive even though you believe you have adjusted your browser settings to refuse and/or delete them.
  • Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as “clear gifs,” “pixel tags” or “single-pixel gifs”). These permit the Company, for example, to count users who have visited pages on the Website, opened one of our e-mails and to gather other website statistics, e.g., to determine the effectiveness of advertising and marketing campaigns, to measure and record the popularity of certain website content and to verify system and server integrity.

PRIVACY NOTICE: THIRD-PARTY COOKIES AND OTHER TRACKING TECHNOLOGIES

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our Website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. Typically, this information is used to provide you with interest-based (behavioral) advertising or other targeted content, including via e-mail.

We do not control these third-parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

PRIVACY NOTICE: USE OF INFORMATION

We use information that we collect about you or that you provide to us, including any Personal Information:

  • To market our Website, its contents and/or services contained therein.
  • To provide you with information, products or services that you request from us.
  • To fulfill any other purpose for which you provide information to us, e.g., for order processing, payment and shipment.
  • To provide you with notices about your account with us, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • In any other way we may describe when you provide the information.
  • We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you, including via e-mail.
  • We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. If you click on or otherwise interact with an advertisement on the Website, the advertiser may assume that you meet its target criteria and consent to communications from that advertiser.
  • For any other lawful purpose we deem appropriate.

PRIVACY NOTICE: DISCLOSURE OF INFORMATION

We may use and disclose aggregated statistical information about our users, and any information that does not identify any individual, without restriction.

We may disclose Personal Information that we collect or you provide to us as described in this Privacy Notice:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business, such as third party payment processors and shippers.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by the Company about our Website users is among the assets transferred.
  • To third-parties to market their products or services to you.
  • To fulfill the purposes for which you provide it, and any reasonably related purposes.
  • For any other purpose disclosed by us when you provide the information.
  • To comply with any court order, law or legal process, including to respond to any government or regulatory requests, including but not limited to subpoenas.
  • To enforce or apply our Terms of Use, Terms of Sale and other agreements, including for billing and collection purposes.
  • If we reasonably believe that disclosure is necessary or appropriate to protect the rights, property or safety of the Company, our employees, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  • For any other lawful purpose we deem appropriate.

PRIVACY NOTICE: ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an e-mail at privacy@andeverything.com to request access to, correct or delete any Personal Information that you have provided to us. We will not be able to delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement, or cause the information to be incorrect.

If you delete your information from the Website, be advised that copies of your information may still remain in cached and archived pages, or might otherwise have been copied, stored or printed out.

PRIVACY NOTICE: YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding, among other things, our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please send an e-mail to privacy@andeverything.com

PRIVACY NOTICE: DATA SECURITY

We have implemented measures and safeguards designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure, including industry standard encryption and other protocols for electronic processing of payments.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We likewise urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

PRIVACY NOTICE: CHANGES TO OUR PRIVACY NOTICE

It is our policy to post any changes we make to our Privacy Notice on this page. If we make material changes as to how we treat our users’ personal information, we will notify users via a notice displayed on the Website home page and may (but are not required to) notify users of any changes via e-mail. You are responsible for ensuring that we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and reviewing this Privacy Notice to check for any changes.

LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third-parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the United Kingdom. We provide this Website for use only by persons located in the United Kingdom. We make no claims that the Website or any of its content is accessible or appropriate outside of the United Kingdom. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, UNLESS OTHERWISE EXPRESSLY STATED.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, OR THAT ARE EXPRESSLY PROVIDED WITH ANY GOODS OR SERVICES SOLD THORUGH THE WEBSITE.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR RECONSTRUCDTION OF ANY OF YOUR LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

LIMITATION ON LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, OR THAT ARE EXPRESSLY PROVIDED WITH ANY GOODS OR SERVICES SOLD THORUGH THE WEBSITE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website or these Terms of Use or any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the commonwealth of Pennsylvania, without giving effect to any choice or conflict of law provision or rule.

WAIVER AND SEVERABILITY

No waiver of or by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of the Terms of Use will continue in full force and effect.

TERMS OF SALE

By placing an order through the Website, you agree to be bound by these sales terms and conditions (the “Terms of Sale”).

Please read these conditions carefully before placing an order with the Company. By placing an order with the Company, you signify your agreement to be bound by these conditions.

TERMS OF SALE: PLACING AN ORDER

Orders can be placed by individuals through the Website. You warrant and represent to us that all information you provide to us when you place your order is true, correct and accurate.

Our products and services are set forth and described in the Website. Due to price fluctuations, all prices are subject to change, at any time and without notice.

When you place an order to purchase a product or service from the Company, we will send you a message to the email address you provide at the time of your order, confirming receipt of your order and containing the details of your order (the "Order Confirmation"). The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) or the services ordered. In the event a specific product cannot be supplied, the Company or the Merchant will notify you and provide a similar alternative product. If your order is shipped in more than one package, you may receive a separate Shipping Confirmation for each package, and each Confirmation and corresponding dispatch may contain separate terms and conditions relating to the sale between us for the product(s) specified in that Shipment Confirmation.

Your Order Confirmation will act as your Sales Invoice. Should a further copy of your Order Confirmation be required, you should request a copy from the Company.

TERMS OF SALE: ACCEPTANCE OF YOUR ORDER

  • All offers and orders are accepted subject to these Terms of Sale. The terms of any purchase order, invoice, Order Confirmation or terms set forth at the point of sale on this Website, may also govern.
  • If for any reason we cannot meet your required delivery date, or the delivery date promised, you will be contacted by our representative.
  • All orders are subject to credit approval.
  • Price quotations issued by us do not guarantee automatic acceptance of your order. All orders will be subject to our credit terms and acceptance. Pre-payment may be required depending upon the size or amount of the order. In all cases, any order placed through the Website or otherwise is to be considered an “offer to purchase” that we may accept or reject.
  • Due to price fluctuations, all prices are subject to change without notice.

TERMS OF SALE: CUSTOMIZED ARTWORK

The Website requires you to provide your own designs, artwork or Content (which includes graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information that you upload, permit us to upload, post or submit) to use for your customization project (“User Art”).

By placing an order on this Website, you warrant that you have all necessary permission, right and authority to place the order. You authorize the Company to produce the products on your behalf. You grant us the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded and permitted us to upload for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit us to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you. You agree to defend and indemnify us, and our licensors, agents and affiliates against any claims of infringement or the like.

TERMS OF SALE: SHIPPING

  • In addition to the purchase price and applicable taxes, you will also be required to pay for shipping of your order.
  • We are not responsible for any carrier or enroute delays regardless of shipping method.
  • A drop-shipment charge of $5.00 net will be assessed per additional location.

TERMS OF SALE: RETURNS AND LIMITED WARRANTIES

  • Personalized, customized or decorated goods cannot be cancelled once ordered unless specifically agreed between the Company and the buyer, on the terms set forth below.
  • Merchandise found to be incorrect due to the Company’s sole error will be replaced at no cost if returned within 30 days of receipt of the merchandise. A written authorization including a return merchandise authorization number (“RMA Number”) from the Company is required prior to any returns. Merchandise returned without authorization and RMA Number will not be accepted and will be returned to sender. No credit will be issued for merchandise that is not authorized to be returned to the Company.
  • Defects in merchandise that fall within the scope of the Limited Warranty, set forth herein, and are due to the Company’s or manufacturer’s sole error, will be repaired or replaced by the Company or the manufacturer, or be subject to a credit issued by the Company or manufacturer, in accordance with this Limited Warranty, if returned to the Company within thirty (30) days of discovery by you of the defect. Prior to returning the items to us, you must contact us at returns@andeverything.com with a description of the defect, and you will be provided with a RMA Number that must accompany any return of merchandise. Merchandise returned without a valid RMA Number will not be accepted, and will be returned to the sender. No replacement or repair will be undertaken, and no credit will be issued, for merchandise that you return to us without a valid RMA Number.
  • Shipping costs are non-refundable, and will not be credited in connection with any return.

Under no circumstances will the Company provide any refund or reimbursement, for the following:

  • the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
  • the supply of goods made to your specifications or clearly personalized;
  • the supply of goods which may deteriorate or expire rapidly.

Unless expressly indicated otherwise, the Company is not the manufacturer of the products sold on this Website. While we work to ensure that product information on our Website is correct, actual product packaging and materials may contain more and different information to that displayed on our Website. Ingredients may also change. All information about the products on our Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings and directions provided with the product before use.

For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this Website is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. The Company is not liable or responsible for inaccuracies or misstatements about products by manufacturers or other third parties.

By placing an order through the Website, you agree that the following Limited Warranty applies:

  • Limited Warranty. The Company is providing specialized services, including customized design, for pre-existing products supplied to it by third-parties. The Company makes no warranty as to the quality, fitness or merchantability of any product. The Company shall not be responsible for any defects in any products it provides specialized services for, or any damages to any products it provides specialized services for, unless such defects and damages are directly attributable to any Services performed by the Company. Furthermore, the Company shall not be responsible for any defects or faults contained in any artwork that has been provided to the Company.
  • Other Warranty Limitations. The Limited Warranty described above does not apply, and is void, where any products or goods upon which the Company has performed Services have, when in your possession:
    • (a) been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by the Company; or
    • (b) been reconstructed, repaired or altered by any person or entity other than the Company or its authorized representatives.
  • Limited Warranty Period. The Limited Warranty described above expires thirty (30) days after delivery of the goods or products. No claim made after this time will be honored by the Company or manufacturer of any products.
  • Extent Of Limited Warranty Liability. Notwithstanding anything in these Terms of Sale to the contrary, the Company’s liability under the Limited Warranty described above is discharged, in the Company’s sole discretion and expense, by:
    • (a) the Company repairing or replacing any defective goods or services; or
    • (b) the Company crediting or refunding the price of any defective goods or services, less any applicable discounts, rebates or credits (NOTE: shipping costs are non-refundable).
  • Warranties Disclaimer; Non-Reliance . EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY DESCRIBED ABOVE, (A) NEITHER THE COMPANY, NOR ANY PERSON ON ITS BEHALF, HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING ANY WARRANTIES OF: (i) MERCHANTABILITY; OR (ii) FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED AND (B) YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY THE COMPANY OR ANYONE ON ITS BEHALF, EXCEPT AS SPECIFICALLY DESCRIBED ABOVE.
  • Third Party Products. You acknowledge and agree that in connection with your purchase, the products and goods offered on the Website may contain, be contained in, incorporated into, attached to or packaged together with products manufactured or provided to the Company by third-parties. Such third-party products are not covered by the Limited Warranty unless all conditions for application of the Limited Warranty set forth above are met. For the avoidance of doubt, the Company makes no representations or warranties regarding any third party-products, or products provided to the Company.

TERMS OF SALE: COPYRIGHT NOTICE

User Art, copy or other materials submitted by you for use in producing items ordered will be accepted by the Company as being submitted in full compliance with all applicable laws regarding trademark, service mark, copyright, right of privacy, patent or similar protection, and with the Company’s understanding that you have the legal right to use the same in the ordered product. You, by submitting such User Art, copy or other materials, represent that the use thereof by us or our agents on the items ordered will not violate any laws or the rights of any party or parties in or to the same, and the Company disclaims any liability for compliance with such laws in the use of your User Art, copy or materials. You hereby agree to hold the Company harmless from and indemnify the same from any damages, costs and/or expenses as they arise under all such laws as consequence of the Company’s use of User Art, copy or other materials in fulfilling your order, including but not limited to reasonable attorneys’ fees.

TERMS OF SALE: TRADEMARK NOTICE

Any artwork, designs and trademarks imprinted on the products displayed on this Website are reproduced only as examples of the type and quality of services and products available through this Website, and are not intended to represent any Company endorsement of: (i) any specific product; (ii) any specific artwork, design or trademark; or (iii) any owner of the artwork, design or trademark.

TERMS OF SALE: GOVERING LAW; DISPUTES

All matters relating to the Terms of Sale or any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, the Terms of Sale or any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be instituted exclusively in the courts of England. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, and you hereby waive any right to jury trial.

ENTIRE AGREEMENT

The Terms of Use, our Privacy Notice and our Terms of Sale constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

AndEverything is a trading name of Customer Focus Software Limited a company registered in England and Wales with registered offices at: Unit 4 Rhodes Business Park, Middleton, Manchester, Cheshire. M24 4NE. Company Registration: 05225734