Terms and Conditions
Welcome to the CustomEver (Also referred as CustomEver) Website, which is doing business as CustomEver.com. The following Terms of Service ("TOS") contain the terms and conditions that govern your (also referred as User) use of the Website and CustomEver.com Service. Use of the CustomEver Website constitutes acceptance of these TOS. CustomEver.com is a trademark of CustomEver.
CustomEver reserves the right to add, delete, and/or modify any of the terms and conditions contained in this TOS, at any time and at its sole discretion, by posting a change notice or a new agreement on the CustomEver Website.
This TOS constitutes the entire and only agreement between us and you (User), and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings.
CustomEver uses other affiliated companies or third parties to provide certain products and services accessible through the Website. CustomEver does not control those third parties or their services. Users agree that CustomEver will not be liable to you in any way for your use of such services as our affiliates or third parties may have their own Terms and Conditions. In case of conflicts between Terms and Conditions, you must comply with CustomEver’s TOS.
Eligibility to use Website:
CustomEver will only knowingly provide service to customers that can lawfully enter into and form contract under applicable law. If site User is under the age of 18, but at least 13 years of age, he/she may use the CustomEver services under supervision of a parent or legal guardian after they agree to these TOS. CustomEver Website is not intended for children under age of 13.
CustomEver Website CustomEver.com grants Users limited revocable license to access and use the Website for its offered services, subject to Users’ compliance with these TOS. CustomEver does not allow customers to collect or use information collected on the Website to compete with CustomEver or to create derivative work based on the content of the Website. If User uses the information other than per TOS, CustomEver may revoke the access and pursue other legal course of action permitted under applicable state or federal law.
User can only use the Website as expressly permitted by CustomEver. User may not cause harm to the Website. Specifically, but not by way of limitation, User may not:
- Interfere with Website performance by using viruses or any other technology or program designed to affect performance, content, and appearance of the Website.
- Modify, create derivative works from reverse engineer, decompile, or disassemble any technology.
- Collect any User information used for registration.
All the content including but not limited to: Design, graphics, organization, and digital conversion related to site are protected under applicable copyright, trademarks, and other property rights. Copying, downloading, or redistribution of any such matters or any part of site, except outlined in this TOS, is strictly prohibited.
User will retain ownership of the content that is used, referred, or uploaded by the User during the use of the site. "While using any outside content, User grants following licenses to CustomEver, the nonexclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell, and distribute design in or on products and in advertising, marketing, samples, and promotional materials for CustomEver." And the right to make modifications to Users' design. We will not distribute it without prior approval from your side.
User may remove the design, graphics, or file, designed or uploaded by the User, at any time during the usage of the Website. After the content designed by the User is transferred to the CustomEver, if User chooses to remove that content, please notify CustomEver in writing. Any orders that might have derived from that content will prior to the written notification of termination will fulfilled.
You may remove the Content you designed at any time, and you retain any copyright and other intellectual property rights in that Content. If you choose to remove Content that you designed or uploaded and notify CustomEver™ of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that CustomEver™ may fulfill all orders that are in any way derived from that Content placed prior to notice of termination and may continue to use said Content in marketing and promotional materials.
If User believes that her/his work has been copied in a way that constitutes copyright infringement, please provide our copyright agent (sales@CustomEver.com) with the following information.
- Written document with signature of the person authorized to act on behalf of the owner of the copyright interest.
- Detail on material that is claimed as infringed.
- Contract information.
Our Agent will quickly act on any such notice received.
Reservation of Rights:
CustomEver reserves the right but does not assume the obligation to monitor transactions and communications occuring through Website. If CustomEver determines, in its sole and absolute discretion, that User will breach a term or condition of these TOS, CustomEver may cancel such transactions and restrict access.
CustomEver may modify the site CustomEver.com at any time without any prior notice and will incur no liability for doing so.
Representation and Warranties:
User of the site represent and warrant to CustomEver that in use of the CustomEver.com site, User will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other legal right of any third party. User further represents and warrants to CustomEver, that there are no claims, demands, or any form of litigation pending, or to the best of User’s knowledge, threatened with respect to any of User’s content. CustomEver will not be required to pay any third party related to using the content provided by the User. User content should not cause direct or indirect injury to any third party and should be free of viruses or any other program or technology that can cause direct or indirect damage to the site.
Disclaimer and Exclusions:
CustomEver provides a Website CustomEver.com service on an “as is” and “as available” basis. CustomEver, do not represent or warrant that site will be uninterrupted, will be free of errors, and in accuracy will be reliable, will be timely, and will meet User’s requirements. CustomEver makes no warranties other than those made expressly in these TOS, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and noninfringement.
CustomEver will not be liable to any User or any third party for any consequential, incidental, indirect, punitive, or special damages (including damages relating to lost profits, lost data, or loss of goodwill). Arising out of relating to or connected with (a) the use of the site or any service or products based on any cause of action, even if advised of the possibility of such damages. (b) the content contained on the site, or (c) any delay or failure in performance beyond control of the Covered Party.
Limitation of Liability:
Limitation of liability, under for a breach of a party’s representations and warranties under these TOS or in connection with your indemnity obligations under these TOS, in no event will the liability of CustomEver exceed the value of the signs ordered or serviced rendered. Value of the signs or services are limited to the stated value on the CustomEver, site CustomEver.com or charged to the customer.
User must indemnify and hold CustomEver and its employees, partners, suppliers, representatives, agents, affiliates, directors, officers, managers, and shareholders (if applicable) harmless from any damage, loss, or expenses including reasonable attorney’s fees incurred in connection with any third-party claim, demand, or action brought against any of the parties alleging that User has breached any of these TOS through any act of omission.
User might be asked to register at the site. User must agree to provide accurate, complete registration information. Each registration is for personal use only and access to that information should not be made available to multiple Users. CustomEver does not permit any other person to use the registration section besides User’s own registration.
CustomEver uses standard industry software for designing and printing purpose. We do not guarantee any color matching or exact color print. Slight color variations are possible and should be considered as acceptable and will not be considered a production mistake and will not be eligible for refund or return or reproduction. We use best judgment to match color but if you need to visually match color, we suggest ordering sample product.
CustomEver uses production facilities inside and outside of the USA. It can not guarantee where production will be done for each product and order. Your order can be manufactured in the USA or outside.
CustomEver will not proofread any design made by User. Please double check all your design before submitting order. CustomEver can not be held responsible for mistakes in design made by the customer. CustomEver will print submitted file as it is on form. In case where proof is requested, CustomEver will produce using last proof approved by the customer. Any mistake/changes in the proof has to be done before approval of the proof.
CustomEver requires User to respond to all information or proof approval request in three days. If User fails to respond to the request for any reason, CustomEver will use best judgment on if and how to proceed.
CustomEver shows estimated delivery date for each order on the CustomEver.com site. These dates are indicative dates only and are based on production-ready orders and don’t include any public holidays or shipping delays. Any delay due to shipping has to be addressed directly with the shipping company.
Refund and Returns:
How Can I Request a Reprint OR Refund?
CustomEver believes in customer satisfaction. If you find any defect in our print, we will make it perfect for you. This includes any manufacturer's defects such as loose or wavy canvas, bubbles, scratches, or fading. If this occurs, we will either replace your canvas print or fix it at our cost.
If you require a reprint or refund, the process can be expedited by providing a digital image of the damage or defect along with a clear description of the problem (try to be as descriptive as you can while sending defective image). Please contact us at cs@CustomEver.com; we will be happy to assist you.
Returns Procedure: Customer needs to send us the email of the pictures of the damaged product at cs@CustomEver.com. The pictures will be reviewed within 24 hours and if found to be manufacturing defect, Return Authorization number will be issued to customer after which he can return the products.
Returns Window: Customer can return within 90 days from receipt of order.
Refund Method: The refund shall be issued on their card or PayPal from which order was paid for and is generally done within 7 business days.
Responsibility for Return Shipping Costs: Return shipping costs are paid by CustomEver.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of South Carolina without reference to conflict of law principles. These TOS will not be assignable transferable by User without the prior written consent of CustomEver. These TOS contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understanding between the parties regarding its subject matter. User and CustomEver are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (a) US mail or Courier (b) electronic mail. All the notices to CustomEver should be sent to cs@CustomEver.com and also hard copy with signature and contact information should be sent to company address.
In the rare event of dispute, all disputes arising out of, relating to, or connected with these TOS or your use of any part of the CustomEver.com service will be exclusively resolved under confidential binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on arbitration award may be entered in to any court having jurisdiction thereof. CustomEver may seek equitable relief, including, without limitation, injunctive relief and specific performance without the requirement of posting a bond or other security or proving damages are insufficient, from a court of competent jurisdiction.
By placing the order, you agree to receive promotional emails and other newsletters from CustomEver regarding order confirmation.