Terms & Conditions
RESTRICTIONS ON USE OF MATERIALS
You may be required to create an account and specify a password to use certain features on our Services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing [email protected] EverPatch shall not be responsible for any loss that results from the unauthorized use of your password, with or without your knowledge, and you agree to indemnify and hold harmless EverPatch for losses incurred by EverPatch or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
CONTENT POSTED OR SUBMITTED BY YOU
By submitting or posting Content to the Services, you grant SITE_NAME the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Services, EverPatch does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. EverPatch owns all right, title, and interest in any compilation, collective work, or other derivative work created by EverPatch using or incorporating Content posted to the Services.\
You are solely responsible for anything you may post on the Services and the consequences of posting anything on the Services.
CONTENT POSTED BY OTHER USERS
EverPatch is not responsible for, and does not endorse, Content in any posting made by other users on the Services. Under no circumstances shall EverPatch be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Services. If you become aware of misuse of the Services by any person, please contact EverPatch by emailing [email protected] . If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
USE OF SERVICES
Impersonation of others, including a EverPatch employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Services or use the Services to solicit others for any other commercial online service or other organization.
You may not without the prior written permission of EverPatch, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or App, or accessed through this Site or App. You may not engage in the mass downloading of files from the Services; use the computer processing power of the Services for purposes other than those permitted above; or flood the Services with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to the Services without the prior written consent of EverPatch.
ACTIVITIES PROHIBITED ON THE SERVICES
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Services. EverPatch reserves the right to investigate and take appropriate legal action against anyone who, in EverPatch's sole discretion, engages in any of the prohibited activities.
Prohibited activities include, but are not limited to, the following:
Using the Services for any purpose in violation of local, state, or federal laws or regulations;
Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by EverPatch in its sole discretion or pursuant to local community standards;
Posting Content that constitutes cyber-bullying, as determined by EverPatch in its sole discretion;
Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
Posting telephone numbers, street addresses, or last names of any person;
Posting URLs to external websites or any form of HTML or programming code;
Posting anything that may be "spam," as determined by Kids Foot Locker in its sole discretion;
Impersonating another person when posting Content;
Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
Allowing any other person or entity to use your identification for posting or viewing comments;
Harassing, threatening, stalking, or abusing any person;
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the sole discretion of EverPatch, exposes EverPatch or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
Encouraging other people to engage in any prohibited activities as described herein.
EverPatch reserves the right, but is not obligated, to do any or all of the following:
Monitor, edit, or disclose any Content on the Services; and
Edit or delete any Content posted on the Services, regardless of whether such Content violates these standards.
All content included on the Services, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of EverPatch or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on the Services may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Services is strictly prohibited. EverPatch is a registered trademark of Columbus Epoxy Flooring LLC. The use or misuse of these trademarks except as expressly authorized is prohibited. EverPatch enforces its intellectual property rights to the fullest extent of the law.
Seller warrants that all goods and services (i) shall be free from defects in material and manufacture; (ii) shall comply with the specifications or samples furnished by Seller and (iii) if of Seller's design, shall be free from defects in design. Seller warrants its good and marketable title to all goods, which goods shall be of merchantable quality and fit for the purposes intended, whether express or implied. These warranties shall survive delivery, inspection, acceptance or payment by EvePatch, and shall run to EverPatch, its successors, assigns, customers and any third parties. If any goods or services provided are defective or hazardous in any respect whatsoever, Seller will defend, indemnify and hold EverPatch harmless from any and all losses, claims, costs (including counsel fees and increased Workers' Compensation premiums) and damages (including incidental and consequential damages) that EverPatch sustains or is liable for in whole or part because of a defect, whether resulting from injuries to persons or property, and whether liability is based on contract, tort, strict liability or otherwise.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall EverPatch be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use the Services or the performance of the products, even if EverPatch or authorized representatives of EverPatch have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall EverPatch's total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing the Services.
As a condition of use of the Services, you agree to indemnify, defend, and hold harmless EverPatch, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Services or any Widget, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
All orders placed through the Services are subject to EverPatch's acceptance. EverPatch may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment method has already been charged for an order that is later cancelled, EverPatch shall issue you a refund.
In the event that a product sold is mistakenly listed at an incorrect price, EverPatch reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, EverPatch shall issue a credit to your payment method account.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
What’s the policy for online returns and exchanges? • Returns for online orders must take place within 45 days after the original shipment date in order to receive a credit in the original form of payment. Returns received more than 45 days after shipment date will not be accepted and will be returned to sender. • Returned/exchanged products must be unopened and with the original packaging.