Last Modified: Monday 12, 2019

1.  Applicability of these Terms of Use

1.1  Welcome to the website of EverLighten (or “we”). These terms (“Terms of Use”) govern your access to and use of https://www.EverLighten.com, including any content, functionality and services offered on or through https://www.EverLighten.com (the “Website”), whether as a guest or registered user.

1.2  Please read the Terms of Use carefully before using the Website.  By using the Website, you accept and agree to be bound by these Terms of Use and our Privacy Policy, found at https://www.EverLighten.com/about/privacy-policy  which are incorporated in these Terms of Use by reference. All purchases and transactions for the sale of goods formed through the Website are governed by our Terms of Sale, which follow these Terms of Use.  If you do not agree to these Terms of Use, you should not use the Website.

1.3  This Website is offered and available to users who are 18 years of age or older.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with EverLighten and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not use the Website.

2.  Changes to the Terms of Use and Website

2.1  We may update these Terms of Use from time to time.  All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.  However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

2.2  Your continued use of the Website following the posting of revised Terms of Use means that you have read and agree to the changes. You should check this page from time to time so you are aware of any changes, as they are binding on you.

2.3  We may withdraw or update the content on this Website in our sole discretion without notice or liability to you. The content on the Website is not necessarily complete or up-to-date.

3.  Account Security

3.1  You will ensure that all information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website, including through the use of any interactive features on the Website, is governed by our Privacy Policy  https://www.everLighten.com/about/privacy-policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

3.2  You will treat your user name, password and any other information you provide as part of your registration process as confidential. You acknowledge that your account is personal to you and therefore will provide any other person with access to this Website or portions of it using your user name, password or other security information. You will notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

3.3  We have the right to disable your account or any portion of it at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4.  Intellectual Property Rights

4.1  As between you and EverLighten, all right, title and interest in and to the Website and its contents, features and functionality (including products, information, software, text, displays, images, video and audio, and the design, selection and arrangement of those items), and all intellectual property rights in the Website, are retained by EverLighten.

4.2   You may use the Website for your personal, non-commercial use only.   No right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by EverLighten.  You will 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:

a) Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.

b) You may store files that are automatically cached by your Web browser for display enhancement purposes.

c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

d) 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 personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

e) If we provide social media features with certain content, you make take such actions as are enabled by such features.

4.3  Other than content and designs which you own, which you may have opted to include on this Website under these Terms, EverLighten and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

4.4  You will not:

a) Modify copies of any materials from this Website.

b) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

c) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.

d) Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

4.5  If you wish to make any use of material on the Website other than that set out in this Section 4, please address your request to: info@everLighten.com.

4.6  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.

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

5.  Cancelling an Order and Returning Products

5.1  You may also cancel your order and get refund depending on your order’s current status.

During the Design Phase:

EverLighten does not charge anything during this stage. If you are not satisfied with design, you can cancel the order.

During the Sample Phase:

EverLighten does not charge anything during this stage. If you are not satisfied with sample, you can cancel the order.

During Full Production:

You only need to make payment during this stage. At this stage, all the materials required for your order have already been purchased and your product is being manufactured in its entirety. As such, should you decide to cancel your order during this period, a non-refundable amount of 40% of your total order value will be deducted from your resulting refund as compensation for all material fees, mold fees, and production costs incurred by EverLighten.

After Your Order Shipped:

Due to the custom nature of the products we manufacture, all sales are final. However, under special circumstance EverLighten (as determined by EverLighten), partial refunds (less any manufacturing and shipping costs) may be issued. If you feel that your order falls into this category, please submit a claim to our customer service team within seven (30) calendar days of receipt of your product. Please note that all claims submitted more than seven (30) calendar days after this date are invalid and ineligible for consideration as per our Terms & Conditions

5.2  EverLighten may reject your refund request in the following case:

  • You provide incorrect information;
  • You approve the sample, no matter photo sample or physical sample, but you are not satisfied with the bulk production which is same as the sample.

5.3  EverLighten may reject any order or cancel any purchase of Products at any time in the following cases, subject to any applicable refund:

  • the data you provide to EverLighten in connection with your purchase is incorrect or cannot be checked;
  • your order is marked as suspicious or otherwise suggestive of fraud or illegality by EverLighten’s security systems;
  • there has been an error in the indicated price of the Products; or
  • EverLighten cannot deliver the Products to the address you have provided.
9.  Reliance on Information Posted

9.1  The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

9.2  This Website may include content provided by third parties, including materials provided by other users. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by EverLighten, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of EverLighten. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

10.  Linking to the Website and Social Media Features

10.1  You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

10.2  This Website may provide certain social media features that enable you to:

a) Link from your own or certain third-party websites to certain content on this Website.

b) Send e-mails or other communications with certain content, or links to certain content, on this Website.

c) Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

10.3  You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

a) Establish a link from any website that is not owned by you.

b) Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

c) Link to any part of the Website other than the homepage.

d) Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

10.4  The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

10.5  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

10.6  We may disable all or any social media features and any links at any time without notice in our discretion.

11.  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 websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

12.  Geographic Restrictions

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

13.  Disclaimer of Warranties and Limitation of Liability

13.1  YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.  TO THE EXTENT PERMITTED BY LAW, EverLighten DISCLAIMS ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR PURPOSE IN RESPECT OF THE WEBSITE.

13.2  EXCEPT TO THE EXTENT OUR LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER LAW, IN NO EVENT WILL EVERLIGTEN OR ITS 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 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.

14.  Governing Law and Jurisdiction

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

14.2  Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website will be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case in the county of Los Angeles, California.  However, we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 15. Waiver and Severability

15.1  No waiver of by EverLighten of any term in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term, and any failure of EverLighten to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

15.2  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 will be limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

16.  Entire Agreement

The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and EverLighten 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.

 17.  Your Comments and Concerns

This site is owned and operated by Michael Yang.  All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to:  michael@everlighten.com.

Thank you for visiting the website!