Ownership of Content
The website is owned and operated by Evergreen Wrapping LLC, located at 208 Hewitt Drive, Suite 103-200, Waco, Texas 76712. Evergreen Wrapping websites and applications and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, graphics, photographs, designs, video, audio, and written and other materials that appear as part of this website (collectively, “Content”) are owned, controlled or licensed by or to Evergreen Wrapping LLC, and are protected by U.S. copyright, patent, trade dress, trademark, and other laws, as well as international laws and treaties. No right, title or interest in the Content is conveyed to you. In using our Services, Content is provided to you under a limited license and may be used for personal, non-commercial, and information use only. The limited license granted to you is subject to the following restrictions: (a) you may not copy, modify, create derivative works from, sell, license or otherwise exploit the Services or any of the Content.; (b) you may not systematically collect or use any Content or data from the Services, including but not limited to use of data spiders, robots, or comparable data gathering, mining or extraction methods; and (c) you may not access or use the Services for any competitive or commercial purpose. Any unauthorized use of the Content is strictly prohibited.
You shall not post, transmit, redistribute, upload, or promote any communications, User Generated Content or materials that contain (a) corrupted files, viruses, or any other similar software files; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain any unsolicited advertising, promotional materials or other forms of solicitation to other users; (d) impersonate any person, business or entity; encourage conduct that would constitute a criminal offense; (e) give rise to civil liability; or (f) otherwise violates any law or amounts to any conduct that, in the judgment of Evergreen Wrapping, restricts, impairs, interferes or inhibits any other user from using or enjoying the Services. If Evergreen Wrapping determines, in its sole discretion that you’ve failed to comply with any of our policies or terms and conditions, Evergreen Wrapping may deny you access to its Services.
Inventory Online: We add new merchandise to evergreenwrapping.com periodically. In order to offer a wide variety of new products, we are not able to guarantee inventory if you leave the website without purchasing your selection. Putting the merchandise into your shopping bag does not guarantee inventory. The merchandise will be reserved to you only after you check out. If an item is not available after you have placed an order, you will be notified via email.
Backorders: Although we intend to only show available product online, occasionally popular styles may become out of stock due to demand. This may result in cancelled items on your order. If a backorder occurs on your evergreenwrapping.com order and a second shipment is required, you will not be charged for ground shipping on your second order.
We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
User Generated Content
The Services may permit you to voluntarily submit comments, text, photographs, videos or other material (“User-Generated Content”). User-Generated Content submissions may be accessed and viewed by others, including by the general public, and Evergreen Wrapping does not agree to any confidentiality with respect to any User-Generated Content. By submitting User-Generated Content, you grant to Evergreen Wrapping an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, distribute, exhibit, broadcast or otherwise exploit such content in whole or in part, in any form, media or technology for any purpose including, advertising, promotion, entertainment or commercial purpose without any payment to or further authorization from you.
When you sign up for an online account you can also subscribe to receive email updates regarding the latest products, promotions, and specials from evergreenwrapping.com. You will find an “unsubscribe” text link at the bottom of every promotional or marketing email sent to you. Please click this link to be removed from our email database.
Personal Information Submitted Through The Website
Disclaimer; Limitations of Liability
The Services and all information, content, materials, and products thereof, are provided to you on an “as is” and “as available” basis, unless otherwise specified in writing. Evergreen Wrapping disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Given the unpredictability of technology and the online environment, Evergreen Wrapping does not warrant that the function or operation of this website will be uninterrupted or error–free, that defects will be corrected, or that this website or the server that makes it available will be free of viruses or other harmful elements. As a visitor to the website and user of the Services, you assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website, and you agree that access is undertaken solely at your own risk. Evergreen Wrapping shall not be liable for damages of any kind related to your use of or inability to access this website. In no event will Evergreen Wrapping, its affiliates, or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, that result from your use or inability to use the Services, any websites or applications linked to the Services, any content of the Services, any services or items obtained or purchased through the Services, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Governing Law & Jurisdiction
Although we will make every effort to respond quickly to applicable email messages, evergreenwrapping.com is under no obligation to respond to all pieces of correspondence received through this website, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding evergreenwrapping.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Evergreen Wrapping through this site shall become and remain the property of Evergreen Wrapping. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
Effective Date: November 3, 2019