Terms of Use and Privacy Policy

Terms of Use

Evanyorkart.com - Terms Of Use

 

We appreciate your interest in shopping online at Evanyorkart.com. Prior to completing your order please read the terms and conditions that govern your use of the site. By using this site and shopping on it you agree to follow these terms.

 

Evan York (hereinafter "Evanyorkart.com") reserves the right to change the terms and conditions governing your use of this site, as deemed necessary. By using the site you also agree to follow the terms and conditions set forth by those changes. Evanyorkart.com may add to, delete, change or move any portion of the site including but not limited to content, as well as equipment or software needed to access this site. Any changes or modifications to the site are effective immediately upon notice thereof, as published and/or posted on the site.

 

By using this web site, you indicate your agreement to the following terms and conditions of use without any limitation or qualification. Please read these terms and conditions carefully before using this web site. Evanyorkart.com may at any time revise these terms and conditions by updating these materials. You are bound by any such revisions and should therefore regularly visit this page to review the then current terms and conditions to which you are bound.

 

Order Cancellations

 

After an order has been submitted and confirmed with payment, or arrangements for payment, whether online or by telephone order, and once shipment has been made from any of the warehouse affiliates of Evanyorkart.com, cancellation of that order - in part or in whole - will result in a 15 percent re-stocking charge. The client's credit card or account will in turn be credited with the balance, i.e., 85 percent of the cost of their order. Return shipment will be at client's expense. An exception to this policy will be granted if cancellation is made as a result of the garments/accessories being defective or damaged, or if the incorrect garments/accessories were shipped.

 

Copyright

 

All content included on this web site, such as text, graphics, logos, button icons, images, videos, audio clips, data compilations, and software, is the property of Evanyorkart.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this web site is the exclusive property of Evanyorkart.com and protected by U.S. and international copyright laws. All software used on this web site is the property of Evanyorkart.com or its software suppliers and protected by United States and international copyright laws. The use of this content by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images, videos and all other content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All trademarks, service marks, trade names, logos and icons used by Evanyorkart.com or any affiliated companies are proprietary to Evanyorkart.com or that affiliate. Nothing contained on the web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark displayed on this web site without the written permission of Evanyorkart.com or such third party that may own the trademarks or service marks displayed on this web site. Your use of the trademarks or service marks displayed on this web site, or any other content on this web site, except as provided herein, is strictly prohibited.

 

Inquiries concerning use of Evanyorkart.com's trademarks, service marks, trade names, logos, icons, copyrights or other intellectual property should be addressed to: info@evanyorkart.com

 

Evanyorkart.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this web site for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

 

Right To Use Copyrights and Trademarks

 

You represent and warrant to Evanyorkart.com that you have right to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, video, name, photograph, portrait, picture or illusion of any person or any other intellectual property in the way it is to be printed on or otherwise applied to the products ordered by you from Evanyorkart.com. You warrant that in obtaining the material and submitting it to Evanyorkart.com for reproduction, you have not violated the property rights of any third party. You agree to indemnify and hold Evanyorkart.com and its owners, officers, employees and agents harmless from and against any suit, demand, claim, loss, liability, damage or expense made against Evanyorkart.com by reason of breach of this warranty, and you agree to pay any judgment or settlement offer resulting from any suit, demand, or claim and to pay any attorney's fees incurred by Evanyorkart.com in defending against any such suit, demand or claim. The burden of determining that any material is not protected by trademark, service mark, copyright or other proprietary right rests with you. You are solely responsible for obtaining proper permissions and licenses, except as may be permitted by copyright law, from third parties whose rights may be violated or infringed by the use of any material protected by trademark, service mark, copyright or other proprietary right. A customer may not use any logo or other graphic material in a manner in which may infringe on copyright, trademark, service mark or other proprietary mark. A customer also may not use any logo or trademark in a vulgar, libelous, disparaging or otherwise unlawful manner. We assume no responsibility for damages or any wrong doing that the customer may cause using a logo, trademark or copyrighted items. You agree to indemnify and hold Evanyorkart.com harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by Evanyorkart.com by reason of the unauthorized, improper, or illegal use of any logo or trademark or copyright that is printed on or otherwise applied to promotional merchandise ordered or purchased by the customer through Evanyorkart.com.

 

Accuracy of Colors

 

Evanyorkart.com has displayed as accurately as possible the colors and graphics of the products that appear on the site. However, we cannot guarantee that your monitor's display of any color and or graphic will be accurate. The colors shown on the site are for reference only. The colors you see will depend on your monitor and may be slightly different from the actual colors of the products. We will have no liability whether for damages, return of merchandise for credit or otherwise, as a result of any variances between the appearance of colors and or graphics displayed on your monitor and on any finished product purchased by you from Evanyorkart.com.

 

Disclaimer of Warranties

 

Evanyorkart.com may provide links and pointers to Internet web sites maintained by third parties. Evanyorkart.com does not operate or control in any respect any information, products or services on these third-party web sites. The materials in the Evanyorkart.com web site and the third-party web sites are provided "as is" and "as available" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Evanyorkart.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Evanyorkart.com does not warrant that the functions contained in the materials will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Evanyorkart.com web site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. Evanyorkart.com does not warrant or make any representations regarding the use or the results of the use of the materials in the Evanyorkart.com website or in third-party web sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You assume the entire cost of all necessary maintenance, repair or correction. Evanyorkart.com makes no warranty regarding any goods or services purchased or obtained through the Evanyorkart.com web site or the newsletters or any transactions entered into, directly or indirectly, through the Evanyorkart.com web site or the newsletters. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Evanyorkart.com web site or the newsletters is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Evanyorkart.com or through or from the Evanyorkart.com web site, bulletin boards or newsletters shall create any warranty.

 

Limitation of Liability

 

Under no circumstances, including, but not limited to, negligence, shall Evanyorkart.com, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Evanyorkart.com content even if Evanyorkart.com or a Evanyorkart.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. You specifically acknowledge and agree that Evanyorkart.com is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Evanyorkart.com content, or with any of Evanyorkart.com's terms and conditions, your sole and exclusive remedy is to discontinue using the Evanyorkart.com web site and/or Evanyorkart.com's services.

 

In no event shall Evanyorkart.com's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to access this web site. Evanyorkart.com assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this web site or your downloading of any materials, data, text, images, video or audio from this web site.

 

Restrictions On Use Of Materials

 

This web site is owned and operated by Evan York. Permission is granted to access and navigate around this web site with a computer using HTML browser software, solely for personal, non-commercial use. You may not distribute, adapt or create derivative works, retransmit, reuse, repost or use the content of this web site for public or commercial purposes, including the text, images, audio and video, without Evan York's written permission. Except as otherwise permitted by Evanyorkart.com or Evan York, no materials from Evanyorkart.com or Evan York or any other web site owned, operated, licensed or controlled by Evan York may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download material displayed on this web site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. Evanyorkart.com does not warrant or represent that your use of materials displayed on this web site will not infringe rights of third parties not owned by or affiliated with Evanyorkart.com.

 

Indemnity

 

You agree to indemnify and hold Evanyorkart.com, Evan York and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post to, upload or transmit through the Evanyorkart.com website, your use of the Evanyorkart.com website, Newsletters, your connection to the Evanyorkart.com website and Newsletters, your violation of the Terms and Conditions, or your violations of the rights of any person or entity.

 

Termination 

 

This agreement is effective until terminated by Evanyorkart.com, at any time with or without notice. In the event of termination, you are no longer authorized to access the Newsletters or the Evanyorkart.com web site, including, without limitation, Bulletin Boards, and the restrictions imposed on you with respect to material downloaded from the Newsletters and the Evanyorkart.com web site, the disclaimers, indemnities and limitations of liabilities set forth in this agreement, shall survive.

 

Modification of Terms and Conditions

 

Upon notice published on the Evanyorkart.com web site, or such other notice as may be given; Evanyorkart.com may amend or modify these Terms and Conditions, or impose new conditions on use, at any time. Your use of this service after such notice shall be deemed to constitute acceptance of the new Terms and Conditions.

 

Modification of Evanyorkart.com Website

 

Evanyorkart.com may modify or discontinue the Evanyorkart.com web site with or without notice to you and without liability to you or any third party.

 

Other

 

This agreement constitutes the entire agreement between Evanyorkart.com and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written and oral. This agreement shall be governed by and construed in accordance with the laws of the State California without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. By placing an order, you are entering into a contract for the purchase of specific items. You accept payment responsibility for the requested embroidered items. You also acknowledge that failure to pay for completed work may be subject of litigation in the state of California.

Privacy Policy

We'll never misuse information you provide.

 

When obtaining information from you, we adhere to a simple, common-sense principle: we ask for only the information we need to provide the service you've requested. For example, to send you a box of clothing, we need an address. If you choose to purchase something, we need a credit card or purchase order number. And if you'd like to have order updates, we need an e-mail address.

 

Our Commitment to Privacy

 

Your privacy is as important to us as it is to you. We are committed to keeping your information private. You can rest assured that your privacy will never be jeopardized. At no time will evanyorkart.com share, sell or rent any information we receive about you.

 

Your Account

 

Your Account allows you to store information with us. We'll save shipping and billing addresses in your Address Book. Your address and the method that you select as preferred will automatically appear for new orders so you don't have to fill them in every time, although they are easy to change to alternative selections. The information is stored on a secure database and is seen by no one but you. All the information is provided to us and retrieved using a secure socket layer (SSL) connection. Once you've set up an account, you can identify yourself at any time with a name and password. Then you have one-click access to all your addresses and your billing information. Once again, this is a service intended to make shopping easier.

 

Interacting with evanyorkart.com via e-mail

 

We read every message that comes to us. We also try to respond back within 24 hours of its receipt. We never sell or give out e-mail addresses to anyone. At evanyorkart.com, we save messages and/or e-mail addresses for only a few specific reasons. We save messages if we think we'll need to refer to them later when we communicate with the client or customer. And we save e-mail addresses provided to us to communicate order status once you've submitted your order.

 

Is my credit card information secure?

 

We have taken many steps to ensure the security of your transaction. Some of them involve adopting industry standards. (For example, the secure connection between your browser and sensitive portions of our site uses industry standard encryption.)Secure Server Software (SSL)Our secure server software (SSL) is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read as the information travels over the Internet. Make sure you are using the 128-bit version of your web browser for maximum security.

 

Using the information we collect throughout our web site, you can order products, make inquiries, and register to be included on our mailing list. One of the basic principles evanyorkart.com followed in designing this website was to require only the information needed to provide the service you've requested. The types of personal information you are requested to provide us at these pages include the following:

 

Name/Address (Bill To and Ship To)

Email Address

Phone Numbers

Payment Information

 

How We Use “Cookies”

 

Evanyorkart.com uses a feature of your web browser called a “cookie” to assign a unique identification to your computer. Cookies are files that your web browser places on your computer’s hard drive. We use these cookie files to track your clicks as you go through our site, to keep track of items you put into your shopping cart, to tell us whether you have visited us before, and to determine whether you came from a particular internet link or banner advertisement. We also collect your IP address to provide a safer and more secure site. Evanyorkart.com cannot and does not use cookies to retrieve personal information about you from your computer.

 

About Our Mailing List

 

If you have registered to be included on our mailing list you will receive infrequent email communications from us about new products, services, promotions and other mailings of interest. If you subscribe and later decide that the communication is no longer of interest simply contact us at unsubscribe@evanyorkart.com and you will promptly removed from our list.

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© 2019 by Evan York - All Rights Reserved

 

Terms of Use - Privacy Policy