Last Updated (Effective Date): October 10, 2025
Welcome to Evermere LLC (“Evermere,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our websites, mobile sites, social media channels, software, email exchanges, and any other online services (collectively, the “Services”).
By using the Services, you agree to be bound by these Terms, our Privacy Policy, and any supplemental policies referenced herein (collectively, the “Agreement”). If you do not agree, please do not use our Services.
1. Acknowledgement and Acceptance
These Terms are a legal agreement between you and Evermere. You affirm that you are at least the age of majority in your jurisdiction. The Services are not intended for use by anyone under 18 years old.
By using the Services, you acknowledge that Internet transmissions are never fully secure and accept the inherent risks of online communication. Please do not send sensitive personal information via email or contact forms.
You agree that Evermere may update these Terms at any time. Changes take effect upon posting. Continued use of the Services signifies acceptance of the updated Terms.
2. Copyright, Trademarks, and License
All content on the Services—including text, design, graphics, images, photographs, videos, icons, logos, trademarks, service marks, product names, and software code (collectively, “Content”)—is the property of Evermere or its licensors and is protected under U.S. and international intellectual property laws.
Evermere grants you a limited, revocable, non-transferable license to access and use the Services for personal, non-commercial purposes. You may not reproduce, distribute, display, modify, create derivative works from, or exploit any Content without prior written permission.
Unauthorized use may violate copyright, trademark, and other laws. For permission inquiries, contact hello@theevermere.com.
3. Registration and Accounts
You may create an account to facilitate purchases. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at hello@theevermere.com if you suspect unauthorized use. Evermere reserves the right to suspend or terminate accounts for violation of these Terms.
4. Shipping, Returns, Prices, and Payments
Orders are shipped to the address you provide at checkout. Risk of loss transfers to you upon delivery to the carrier. You agree to review our Shipping & Returns Policy, which is incorporated by reference.
Prices are listed in U.S. dollars and may change without notice. Payments are processed securely through third-party payment providers (e.g., Stripe, PayPal). Evermere does not store complete credit card details.
Gift cards are non-refundable and cannot be redeemed for cash or used to purchase other gift cards.
5. Reviews and User Content
By submitting reviews, comments, photos, or other content (“User Content”) to the Services, you grant Evermere a worldwide, royalty-free, perpetual, and transferable license to use, display, reproduce, and distribute such content for marketing and operational purposes.
You represent that you own or control all rights to your submissions and that they do not infringe the rights of any third party. Evermere may remove or moderate User Content at any time at its discretion.
6. Creative Ideas and Feedback
If you share feedback, suggestions, or creative ideas (“Feedback”), you agree that Evermere may use them freely without any obligation to you. You waive any claims related to our use of such Feedback.
7. Discounts and Promotional Codes
Offer codes are valid only as communicated by Evermere, are non-transferable, and may not be combined with other offers. Unauthorized or expired codes will not be honored. Each code is valid for one-time use unless stated otherwise.
8. Communications
By using the Services or communicating with Evermere electronically, you consent to receive communications from us electronically. You agree that electronic communications satisfy any legal requirement that such communications be in writing.
9. Disclaimers and Limitation of Liability
THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. EVERMERE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERMERE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS. EVERMERE’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO EVERMERE IN THE THREE (3) MONTHS PRIOR TO THE CLAIM.
10. Indemnification
You agree to indemnify and hold harmless Evermere, its affiliates, officers, and employees from any claims or expenses arising from your use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.
11. Linked Sites and Third Parties
The Services may contain links to third-party websites. Evermere is not responsible for the content or privacy practices of such sites. Accessing any third-party website is at your own risk.
12. Governing Law
These Terms and any disputes are governed by the laws of the State of Georgia, USA, without regard to conflict of law principles. The exclusive venue for any legal proceedings shall be the state or federal courts located in Fulton County, Georgia.
13. Arbitration and Dispute Resolution
Mandatory Arbitration: Any dispute arising from or relating to these Terms or the Services shall first be subject to good-faith mediation, and if unresolved, shall be finally settled by binding arbitration in Fulton County, Georgia, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
No Class Actions: You and Evermere agree that disputes will be resolved only on an individual basis. You may not participate in a class, collective, or representative action.
Time Limit: Any claim must be filed within one (1) year of the event giving rise to it.
14. DMCA and Copyright Infringement
Evermere complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted material has been used in a way that constitutes infringement, please send a written notice to:
Evermere LLC – Legal Department
650 Ponce De Leon Ave NE, Ste. 300 #3389
Atlanta, GA 30308, USA
Email: hello@theevermere.com
Your notice must include all elements required under 17 U.S.C. § 512(c)(3). Knowingly submitting false claims may result in legal liability.
15. Accessibility
Evermere is committed to ensuring digital accessibility for all users. If you experience difficulty accessing any part of our Services, please contact hello@theevermere.com and we will make reasonable efforts to address your concern.
16. Force Majeure
Evermere shall not be liable for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, acts of government, war, or network interruptions.
17. General Terms
These Terms constitute the entire agreement between you and Evermere regarding your use of the Services. If any provision is deemed invalid, the remaining provisions remain enforceable. No waiver by Evermere shall constitute a continuing waiver of any term.
These Terms may be printed and retained for your records. For questions, contact us at hello@theevermere.com.
Notice for California Users: Under California Civil Code §1789.3, you may contact the Consumer Information Division of the Department of Consumer Affairs at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.
© Evermere LLC. All rights reserved.
