Terms & conditions.
The rules of the road for visiting and using evayaorganics.com. Short, written in plain English, and worth a read before you spend any meaningful time on the site.
Twelve terms.
Changes to these Terms.
We may revise and update these Terms from time to time, at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site after a revision means you accept the change. Please check this page from time to time so you are aware of any updates.
Prohibited conduct on the Site.
You may only use the Site for lawful purposes and in accordance with these Terms. Evaya® reserves the right (but is not obligated) to monitor content for compliance and may suspend or terminate your account for violations. You agree not to use the Site:
- In any way that violates federal, state, local, or international law.
- To transmit advertising, junk mail, spam, chain letters, or similar solicitations.
- To impersonate any person or entity, including by using their email address.
- To restrict, inhibit, or harm anyone's use or enjoyment of the Site, or to expose us or our users to liability.
You also agree not to disable, overburden, or impair the Site; not to use robots, spiders, or other automated devices to scrape or copy material without our written consent; not to interfere with the Site's functioning; and not to introduce viruses, Trojan horses, worms, logic bombs, or any other malicious or technologically harmful material. No denial-of-service attacks.
We reserve the right to take appropriate legal action — including referral to law enforcement — for any unauthorized or illegal use of the Site, and to suspend or terminate your access for any violation.
Modifications & interruptions to the Site.
Evaya® does not guarantee continuous, uninterrupted, or perfectly secure access to the Site. Operation may be interfered with or adversely affected by numerous factors outside our control. We are not liable for any modifications, interruptions, outages, downtime, or disruption to the Site. We may modify or discontinue any part of the Site at any time, with or without notice.
Intellectual property.
The contents of the Site are protected by copyright, trademark, and other intellectual property laws. Except as set out in these Terms, you may not use, copy, reproduce, sell, publish, distribute, display, retransmit, or modify any Site content without our express prior written permission.
Evaya® and other graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks of Evaya®. They may not be used in any manner likely to cause confusion — including as part of trademarks, domain names, keyword advertisements, or email addresses.
Your suggestions & feedback.
If you give us feedback — for example, suggestions to improve our products or services — we may act on it in our sole discretion, without further obligation. You understand and agree that by providing feedback, you are irrevocably assigning any rights you may have in it to Evaya®.
Disclaimer of warranties.
Your use of the Site, its content, and any services or items obtained through the Site is at your own risk. The Site, its content, and any services or items obtained through the Site are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. Neither Evaya® nor any person associated with Evaya® makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site. To the fullest extent provided by law, Evaya® disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose.
Limitation of liability.
Evaya® shall not be liable for any damages whatsoever, and in particular shall not be liable for any special, indirect, or consequential damages, or damages for lost profits, lost revenue, or loss of use, arising out of or related to the Site or its content — whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise — even if Evaya® has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may be inapplicable.
California — free mattress removal.
Customers residing in the State of California are entitled by law to old-mattress removal in accordance with state regulations. To request this service, please email support@evayaorganics.com and reference your order number. This service is available only for orders delivered within California.
Governing jurisdiction.
Massachusetts law governs these Terms, as well as any claim, cause of action, or dispute that might arise between you and Evaya®, without regard to conflict-of-law or choice-of-law rules. We make no representation that the Site is appropriate, legal, or available for use in locations outside the United States. If you choose to access the Site, you agree to do so subject to the laws of Massachusetts and the United States.
Third-party sites & linked content.
The Site may include links to other websites owned and operated by third parties. You acknowledge that Evaya® is not responsible for the availability of, or the content located on, any third-party site. Use of such sites is subject to the terms of use and privacy policies of each site, and we are not responsible for them. We encourage all users to review the terms and privacy policies of any third-party site before engaging.
Indemnification.
You agree to defend, indemnify, and hold harmless Evaya®, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands (including costs, expenses, and attorneys' fees) arising from or relating to: (a) your use of the Site or your inability to use the Site; (b) an allegation that you violated any representation, warranty, covenant, or condition in these Terms; and (c) your intentional or negligent misrepresentation or misuse of information, including confidential information and intellectual property. This applies regardless of whether any claim is based on allegations of, or final judgment relating to, violations of law, and regardless of the form of action. This indemnification section survives your termination of, or cessation of use of, the Site.
Miscellaneous terms.
If any provision of these Terms is deemed unlawful, void, or unenforceable, the other provisions remain valid and enforceable to the fullest extent under law. These Terms — and any other agreements referenced here — may be assigned by Evaya® in our sole discretion to a third party in the event of a merger or acquisition. These Terms apply in addition to, and are not superseded by, any other written agreement between us. By accepting these Terms, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.
Contacting us.
If you have any questions regarding these Terms, or wish to contact us for any matter: