Terms of Use

PLEASE READ THESE TERMS OF USE BEFORE USING THE SITE.

Introduction

Welcome to the Eviant ("Eviant") website. Your use of this website (the "Site") is governed by these Terms of Use. Your use of the Site constitutes your agreement and acceptance without modification of these Terms of Use. If you do not agree and accept without modification these Terms of Use, do not use the Site. Eviant reserves the right, in its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time in accordance with the procedures set forth in the Amendment Section below.

Consideration

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, including, but not limited to, your use of the Site, receipt of information, data, graphics or other materials available at or through the Site.

Restrictions on Use

All information, content and materials contained on the Site are Eviant's copyrighted property or the copyrighted property of its licensors or licensees. All trademarks, service marks, trade names, and trade dress are the property of Eviant and/or its licensors. You may not copy, reproduce, republish, upload, post, transmit or distribute in any way any information, content or material from the Site. You may download one copy of the information, content or materials from the Site on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright, trademark, service mark and other proprietary notices, (ii) you make no modifications to the information, content or materials, (iii) you do not use the information, content or materials in a manner that suggests an association with any of Eviant's products, services or brands. You may not use any information, content or materials on this Site on any other internet site.

You may not use the Site in any way that is unlawful, or harms Eviant or any other person or entity, as determined in Eviant's sole discretion. Use of the Site for any illegal purpose or in any manner inconsistent with these Terms of Use is expressly prohibited by law, and may result in civil and criminal penalties. Eviant reserves the right to prosecute any and all violators to the maximum extent of the law.

If you download software or information from this Site, the software and information, including all files and images contained in or generated by the software and data, are deemed to be licensed to you by Eviant for your personal, noncommercial home use only with the limited license revocable by Eviant for any reason and without notice. You shall have a nonexclusive, nontransferable, revocable limited personal license to use the software or data solely in its object code version. We do not transfer title to the Software or its intellectual property to you. Without limiting the foregoing, you shall not: (a) alter, merge, modify or adapt any software, data or information contained on or made available through this Site; (b) reverse engineer, disassemble or decompile any software or information contained on or made available through this Site; (c) disclose, lease, transfer, or otherwise make any such software or information available to third parties in any form or manner; or (d) use the software or information for the benefit of any third party. Software from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the U.S.; or (ii) to anyone on the U.S. Commerce Department's Table of Deny Orders or the U.S. Treasury Department's list of Specially Designated Nationals. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.

Privacy

Please review our Privacy Policy, which also governs your visit to the Site.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Links to Third Party Sites

Certain links on the Site will take you to other sites not under Eviant's control. Eviant is providing these links as a convenience and the inclusion of any such link is not an endorsement by Eviant. You acknowledge that when you click on a link that leaves the Site, Eviant is not responsible for those sites or their content. Consequently, Eviant cannot be held responsible for the accuracy, relevancy, copyright compliance or legality of material contained on such third party sites. Eviant reserves the right to disable links from third party sites to any Eviant Site, although Eviant is under no obligation to do so.

Online Payment Types We Accept

Eviant accepts the following forms of payment for your online purchases: MasterCard and Visa. We also accept online-only or virtual credit cards as long as they are issued by one of the credit card companies listed above. However, due to the requirements of these companies, these cards can only be used for website orders that are shipped. We are unable to accept cash, checks, C.O.D. orders and wire transfers for any website purchases.

Product Orders and Prices

Eviant uses its best efforts to fulfill all orders. However, it cannot, and does not, guarantee the availability of any particular product displayed on the Site. Eviant reserves the right to discontinue the sale of any product displayed on this Site at any time and without notice.

Product prices offered on the Site may vary from other advertised prices. Prices quoted on the Site are in United States dollars and are valid and effective only within the United States . Such prices do not include shipping and handling, sales or other taxes. If applicable, such additional charges will be added to your total invoice price. You are responsible for payment of any shipping and handling charges, sales or other taxes that may apply to your order.

Eviant attempts to operate an error-free site. However, we do not guarantee that any content is accurate or complete, including price information, availability of products and product descriptions or specifications. If Eviant discovers errors, they will be corrected on its systems and the correct price will appear on your order. Eviant reserves the right to revoke any stated offer or price and to correct any errors, inaccuracies or omissions, even after an order has been submitted and accepted.

Sales Tax Policy

We do business throughout the United States and accordingly collect sales and use tax as required by applicable law. Your confirmation of your order total will reflect the applicable state and local sales tax, if any. The tax rate applied to your order will generally be the combined state and local rate for the address where your order was shipped or delivered.

For any online purchase of a tax-exempt item during a sales tax holiday period, by completing the purchase, you certify that the item is being purchased for personal use only and you agree to assume liability for the applicable tax if the item is used for other than personal use.

Product Registration

Eviant offers you the opportunity to register your product(s) online solely as a convenience to you. Registration will enable you to receive the following benefits: (i) in case your product(s) are lost or stolen for insurance purposes, (ii) in order to receive services covered by warranty services, (iii) in the unlikely event a safety notification is required under the Consumer Product Safety Act, (iv) by answering our voluntary questionnaire, you will help us release products that meet your needs. It is not necessary to register your product(s) in order to be covered under our product warranty.

Product Warranty

Eviant wants to make sure you enjoy your purchase(s). If you have any problems with a product please check Eviant's online support page first. If you still need assistance, you may call our Customer Support/Technical Service team at (888) 849-0846 (Monday- Friday 8 a.m.-9 p.m. EST only). If you have not done so already, you will be required to register your product(s) before being provided with a repair code which will help track your product(s). You will then be asked to package the defective product(s) and all accessories and send them to Eviant for repair or replacement. If you send product(s) no longer covered by warranty, such item(s) will be returned to you. Product(s) sent without a repair code may delay processing time. In such event(s) we will do our best to address your concerns within thirty (30) days.

Refund Policy

If you are not satisfied with a product that you purchased, please see below to obtain a return or exchange on the product.

1) If you did not purchase the product directly from Eviant, please return the product to the location you originally purchased the product. Eviant is unable to accept any return on a product that was not purchased directly from Eviant.

2) If you purchased the product from Eviant:

•  Return the product to us for a return or exchange with fifteen (15) days of receipt.

•  Send a letter to Eviant indicating the problem(s) with the product and indicate whether you want a credit or exchange.

•  If you want a credit, include a copy of the original packing list and we will issue you a credit within ten to fourteen (10-14) days of receipt of your product.

•  If you want an exchange, please indicate which product you would like to replace your product with. If the replacement product is more expensive than the original product you purchased, please provide us with your credit card number, expiration date and security code in order to charge your credit card. If the replacement product is less expensive, we will issue you a credit for the difference.

•  Send the product and required information to:

Eviant Inc.
Refunds/Exchanges
3129 S. Hacienda Blvd., #379
Hacienda Heights, CA 91745

•  We will not pay any shipping charges for a product sent to us or for a product we ship to you.

Processing/Shipment

Online orders are processed and shipped from our facilities within forty-eight (48) hours of receiving your payment. This time frame does not include delivery time to the final destination. For expedited shipping services, please select the appropriate field when placing your order.

We currently only ship to forty-eight (48) states. For Hawaii and Alaska you must choose two (2) day or next day air delivery. For Puerto Rico and international destinations, please contact us with the item number and quantity for shipping charges. Please provide a physical address for all shipments. We do not ship to any A.P.O., P.P.O., and P.O. Boxes.

Where to Buy

Please see our where to buy tab for a list of retailers which carry our products.

Copyright and Trademark Notice

© 2009-2010 Eviant Inc. Eviant logo is a registered trademark and service mark of Eviant Inc. Eviant name, The Card and The Sheet are trademarks and/or service marks of Eviant Inc. Be Bold. Be for Everyone is a trademark of Tofasco of America, Inc. All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Eviant or its content suppliers and protected by United States and international copyright and trademark laws. The compilation of all content on the Site is the exclusive property of Eviant and protected by U.S. and international copyright and trademark laws. All software used on the Site is the property of Eviant or its software suppliers and protected by United States and international copyright laws. The content on the Site may not be duplicated, cached, distributed, publicly performed, republished, uploaded, posted, transmitted or otherwise used or transmitted in any manner, except with the prior express written permission of Eviant. Fair use of Eviant's intellectual property requires proper acknowledgement.

Trademarks/ Service Marks

Eviant is a trademark and service mark of Eviant (Hong Kong) Limited ("Eviant H.K."). Eviant H.K.'s trademarks, trade dress and service marks may not be used in connection with any product or service that is not Eviant H.K.'s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Eviant H.K. and/or Eviant, in their sole discretion. All other trade and service marks not owned by Eviant H.K. that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Eviant H.K. and/or Eviant. Trade and service marks may only be used by you with the written permission of Netxar H.K. Fair use of Eviant H.K.'s and/or Eviant's intellectual property requires proper acknowledgement.

Patents

For a full and complete list of patents and pending patents, please contact Eviant.

Disclaimer

Eviant MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE APPROPRIATENESS OF THE SITE FOR ANY PURPOSE. THE INFORMATION, CONTENT AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Eviant DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. Eviant DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Eviant DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL EVIANT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE, THE CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF EVIANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EVIANT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $25 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE.

IN ADDITION, UNDER NO CIRCUMSTANCES WILL EVIANT, OUR LICENSORS AND LICENSEES, OR ANY OF SUCH ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND EVIANT'S OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF EVIANT OR EVIANT'S LICENSORS AND LICENSEES, OR ANY OF SUCH ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER EVIANT, ITS LICENSORS AND LICENSEES, NOR ANY OF SUCH ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE SITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SITE IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, THUS SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

Indemnification

You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You will indemnify, defend, and hold Eviant, its licensors, licensees, distributors, agents, representatives and other authorized users, and their respective resellers, distributors, service providers and suppliers, and all of their respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your account(s). You shall use your best efforts to cooperate with Eviant in the defense of any claim. Eviant reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Governing Law, Venue and Jurisdiction

All related disputes concerning these Terms of Use, shall be interpreted according to California law, without regard to its conflict of law principles, and the sole and exclusive venue for all disputes shall be Los Angeles County, California . The parties consent to jurisdiction in Los Angeles County, California.

Amendment

Eviant reserves the right, in its sole discretion, to change, modify, add or delete all or portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify and constitute your assent to and acceptance of such revised Terms of Use.

General Provisions

These Terms of Use contains the entire agreement of the parties and supersedes any prior written or oral agreements between the parties concerning their subject matter. There are no representations, agreements, arrangements, or understandings, whether written or oral, between the parties relating to the subject matter of these Terms of Use that are not fully expressed in this Agreement. The captions of paragraphs in these Terms of Use are for convenience only and do not in any way limit or amplify the terms and conditions of these Terms of Use. The failure to enforce, or timely enforce, any provision of these Terms of Use shall not be a waiver of, or limitation on, enforcement of that provision at a later time or the enforcement of any other provision. Every provision of these Terms of Use shall be construed as though each party participated equally in the drafting and any rule of construction that a document is to be construed against the drafting party shall not be applicable.


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© 2009-2012 Eviant Inc. Eviant ® is a registered trademark and service mark in the United States. Be Bold. Be for Everyone ® is a registered service mark in the United States.
All other brand names, product names, trademarks and service marks are properties of their owners.