Terms of Use

1. Acceptance of Terms

Welcome to EVERPHANT. By accessing and using this website (everphant.com), you accept and agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use our website or purchase our products.

These Terms of Use govern your access to and use of the EVERPHANT website and the purchase of products offered for sale through this website.

2. Use of Website

EVERPHANT grants you a limited, non-exclusive, non-transferable license to access and use this website for personal, non-commercial purposes. You agree not to:

• Use the website for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to any portion of the website
• Interfere with or disrupt the website or servers
• Reproduce, duplicate, copy, sell, or exploit any portion of the website without express written permission
• Use any automated system to access the website

3. Product Sales and Orders

EVERPHANT offers personalized gifts and custom keepsakes for sale to customers in the United States. When you place an order through our website, you are making an offer to purchase the products you have selected.

3.1 Order Acceptance

All orders are subject to acceptance by EVERPHANT. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.

3.2 Pricing

All prices are displayed in United States Dollars (USD). We reserve the right to change prices at any time without prior notice. The price charged will be the price displayed at the time of order placement.

3.3 Payment

Payment is required at the time of order placement. We accept major credit cards, debit cards, and other payment methods as displayed on our website. You represent and warrant that you have the legal right to use any payment method you provide.

3.4 Personalization

For personalized products, you are responsible for ensuring that all personalization information (text, images, etc.) is accurate and properly spelled. EVERPHANT is not responsible for errors in personalization information that you provide. Please review your personalization details carefully before submitting your order.

4. Shipping and Delivery

We ship to addresses within the United States only. Shipping times are estimates and are not guaranteed. EVERPHANT is not responsible for delays caused by shipping carriers or circumstances beyond our control.

Risk of loss and title for products purchased from EVERPHANT pass to you upon delivery to the shipping carrier.

5. Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, and software, is the property of EVERPHANT or its content suppliers and is protected by United States and international copyright laws.

The EVERPHANT name and logo are trademarks of EVERPHANT, LLC. You may not use our trademarks without our prior written permission.

6. User-Submitted Content

When you submit personalization content (photos, text, designs) for products, you grant EVERPHANT a non-exclusive, worldwide, royalty-free license to use, reproduce, and modify such content solely for the purpose of creating your personalized product.

You represent and warrant that:

• You own or have the necessary rights to all content you submit
• Your content does not infringe on any third party's intellectual property rights
• Your content does not contain illegal, obscene, or offensive material

7. Disclaimer of Warranties

EVERPHANT strives to provide high-quality products and accurate website information. However, the website and products are provided "as is" without warranties of any kind, either express or implied.

We do not warrant that:

• The website will be uninterrupted or error-free
• Defects will be corrected
• The website is free of viruses or harmful components
• Product images exactly represent the actual product colors (variations may occur due to screen displays)

8. Limitation of Liability

To the fullest extent permitted by law, EVERPHANT shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or goodwill.

Our total liability for any claim arising out of or relating to these Terms or your use of the website shall not exceed the amount you paid for the product giving rise to the claim.

9. Indemnification

You agree to indemnify and hold harmless EVERPHANT, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the website, your violation of these Terms, or your violation of any rights of another.

10. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction in such courts.

11. Changes to Terms

EVERPHANT reserves the right to modify these Terms of Use at any time. Changes will be effective immediately upon posting to this website. Your continued use of the website after changes are posted constitutes your acceptance of the modified Terms.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13. Contact Information

If you have questions about these Terms of Use, please contact us:

EVERPHANT, LLC
123 Commerce Street, Suite 456
New York, NY 10001
Email: info@everphant.com
Phone: (555) 555-1234