Terms of service

OVERVIEW

Welcome to Evabiotic! The terms "we", "us" and "our" refer to Evabiotic. Evabiotic operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Evabiotic is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. To use the Services, including browsing our store or purchasing products, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all of your account activity.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, product appearance may differ from how it appears on your screen due to your device and settings. All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer.

Our products are dietary supplements. Statements on this site have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare provider before use if you are pregnant, nursing, taking medication, or have a medical condition.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Evabiotic reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Evabiotic confirms acceptance and payment is processed. In the event that we do not accept, change, or cancel an order, we will attempt to notify you using the contact information provided at the time of the order. Your purchases are subject to return or refund solely in accordance with our Refund Policy. You represent that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes. Prices in our online store may differ from prices offered elsewhere (including marketplaces where our products are also sold). Promotions may be governed by separate terms; if there is a conflict, the promotion terms govern.

You agree to provide current, complete and accurate purchase, payment and account information, and you represent that you are duly authorized to use the payment method provided and will pay all charges incurred, including shipping and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, images, graphics, video and audio, and the design, selection and arrangement thereof, are owned by Evabiotic, its affiliates or licensors and are protected by U.S. and foreign intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material on the Services without our prior written consent. Evabiotic's names, logos, and product names are trademarks of Evabiotic or its affiliates. Shopify's name and logo are trademarks of Shopify. All rights not expressly granted are reserved.

SECTION 7 - THIRD-PARTY LINKS AND TOOLS

The Services may contain links to third-party websites or make third-party tools available. We are not responsible for examining or evaluating the content or accuracy of third-party materials, and we provide access to third-party tools "as is" without warranties of any kind. Your use of third-party websites and tools is at your own risk; please review their terms and policies before engaging in any transaction.

SECTION 8 - RELATIONSHIP WITH SHOPIFY

Evabiotic is powered by Shopify. Any sales and purchases you make in our store are made directly with Evabiotic. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Evabiotic, and you release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Evabiotic.

SECTION 9 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Review our Privacy Policy for details on how we, Shopify, and our partners use your personal information.

SECTION 10 - FEEDBACK AND REVIEWS

If you submit any ideas, suggestions, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. You represent that you own or have all necessary rights to your Feedback, that it is accurate, and that it does not violate any third party's rights or contain unlawful, abusive, or obscene content or malware. We may, but are not obligated to, monitor, edit or remove Feedback at our sole discretion. We are under no obligation to maintain Feedback in confidence, pay compensation for it, or respond to it.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).

SECTION 12 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful purpose; (b) to violate any regulations or laws; (c) to infringe our or others' intellectual property rights; (d) to harass, abuse, defame, or discriminate; (e) to submit false or misleading information; (f) to upload or transmit viruses or malicious code; (g) to collect or track the personal information of others; (h) to spam, phish, spider, crawl, or scrape; (i) to impersonate any person or entity; or (j) to interfere with or circumvent the security features of the Services. We reserve the right to suspend or terminate your access for violating any part of these Terms.

SECTION 13 - TERMINATION

We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination will survive, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law.

SECTION 14 - DISCLAIMER OF WARRANTIES

The information on the Services is provided for general information purposes. We do not warrant its accuracy, completeness, or usefulness, and any reliance you place on it is at your own risk. EXCEPT AS EXPRESSLY STATED BY EVABIOTIC, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE', WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

SECTION 15 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL EVABIOTIC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Evabiotic, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 17 - SEVERABILITY; WAIVER; ENTIRE AGREEMENT

If any provision of these Terms is determined to be unlawful, void or unenforceable, it shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the remaining provisions. Our failure to exercise or enforce any right or provision shall not constitute a waiver. These Terms of Service, together with any policies posted by us on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements.

SECTION 18 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Jersey and applicable federal law. You and Evabiotic consent to venue and personal jurisdiction in the state and federal courts located in New Jersey.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@evabiotic.com.

Evabiotic info@evabiotic.com 6050 JFK Blvd E Apt 16j, West New York, NJ 07093