Terms of Use for Everlano

Welcome to Everlano (“we,” “us,” or “our”) and our website (everlano.com) (“Website”). These Terms of Use (“Terms”) govern your access to and use of the Website, including any content, features, services, or tools made available on or through the Website (e.g., browsing products, creating an account, leaving reviews). By accessing or using the Website, you (“you” or “User”) agree to be bound by these Terms, as well as our Privacy Policy and Terms of Purchase (if you make a purchase). If you do not agree to these Terms, please do not access or use the Website.

1. Eligibility to Use the Website

To use the Website, you must:

  • Be at least 13 years of age (or the age of majority in your jurisdiction, whichever is higher). If you are under the age of majority, you may use the Website only with the consent and supervision of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.
  • Have the legal capacity to enter into a binding contract (or be supervised by someone who does).
  • Provide accurate, complete, and up-to-date information when using the Website (e.g., when creating an account or placing an order).

We reserve the right to restrict or terminate access to the Website if we reasonably believe you do not meet these eligibility requirements.

2. User Accounts

To access certain features of the Website (e.g., saving favorite products, tracking orders, leaving reviews), you may need to create a user account (“Account”). When creating an Account, you agree to:

  • Choose a unique username and a strong, secure password that you will not share with others.
  • Keep your Account information (e.g., email address, shipping address) accurate and up-to-date. You can update this information at any time by accessing your Account settings.
  • Be solely responsible for all activities that occur under your Account, including purchases, comments, or other actions made using your username and password.
  • Notify us immediately at [email protected] if you suspect any unauthorized access to your Account or a breach of security (e.g., lost or stolen password). We will not be liable for any losses or damages resulting from your failure to protect your Account credentials.

We reserve the right to suspend or terminate your Account at any time, with or without notice, if we believe you have violated these Terms (e.g., sharing your password, engaging in fraudulent activity).

3. Permitted Use of the Website

You may use the Website only for lawful, personal, and non-commercial purposes (unless you have obtained our prior written consent for commercial use). Specifically, you agree to:

  • Use the Website to browse products, create an Account, place orders (in accordance with our Terms of Purchase), leave honest reviews, and contact our customer support team.
  • Comply with all applicable laws, regulations, and industry standards when using the Website (e.g., data protection laws, consumer protection laws).
  • Respect other Users and our team—do not engage in harassment, discrimination, or abusive behavior when interacting with others on the Website (e.g., in review sections or customer support communications).

4. Prohibited Uses of the Website

You are strictly prohibited from using the Website for any of the following activities. Violation of these prohibitions may result in immediate termination of your access to the Website, and we may take legal action against you if necessary:

  • Unauthorized Access: Attempting to access restricted parts of the Website (e.g., admin panels, other Users’ Accounts) without permission, or using automated tools (e.g., bots, scrapers) to access, collect, or copy content from the Website without our prior written consent.
  • Fraud or Misrepresentation: Providing false or misleading information (e.g., fake names, stolen payment details) when creating an Account, placing an order, or interacting with our team. This includes attempting to defraud Everlano or other Users (e.g., claiming false returns, using counterfeit payment methods).
  • Harmful Content or Activity: Uploading, posting, or transmitting any content that is illegal, harmful, offensive, or infringing (e.g., malware, hate speech, copyrighted material you do not own). This also includes disrupting the Website’s functionality (e.g., launching a DDoS attack, overloading servers with excessive requests).
  • Misuse of Intellectual Property: Copying, reproducing, modifying, distributing, or displaying any content from the Website (e.g., product images, descriptions, logos, brand names) without our explicit written permission. All intellectual property on the Website is owned by Everlano or our licensors (see Section 5 for details).
  • Violation of Others’ Rights: Interfering with other Users’ access to the Website, invading their privacy (e.g., collecting their personal information without consent), or defaming, harassing, or threatening them.

5. Intellectual Property Rights

All content and materials on the Website—including but not limited to product images, descriptions, logos, brand names, graphics, text, software, and design elements (“Intellectual Property”)—are owned by Everlano or our third-party licensors. These Intellectual Property rights are protected by copyright, trademark, patent, and other applicable laws worldwide.

You do not acquire any ownership rights to the Website’s Intellectual Property by accessing or using the Website. You may only use the Intellectual Property for personal, non-commercial purposes related to your use of the Website (e.g., saving a product image to show a friend). Any other use—including commercial use, reproduction, distribution, or modification—requires our prior written approval. To request permission, contact us at [email protected].

If you believe that any content on the Website infringes your intellectual property rights (e.g., a copyrighted image you own), please notify us at [email protected] with details of the infringement (e.g., your contact information, a description of the infringing content, proof of your ownership rights). We will review your claim and take appropriate action (e.g., removing the infringing content) in accordance with applicable laws.

6. Third-Party Links & Content

The Website may contain links to third-party websites, services, or content (e.g., social media platforms, payment processors, shipping carriers) that are not owned or controlled by Everlano. We provide these links for your convenience only—we do not endorse, monitor, or assume responsibility for any third-party content, services, or practices.

Your use of third-party websites or services is governed by their own terms of use and privacy policies, not these Terms. We encourage you to review the terms and policies of any third party before accessing their content or using their services. Everlano will not be liable for any losses or damages arising from your use of third-party links or content.

7. Website Availability & Updates

We strive to keep the Website available and functional at all times, but we do not guarantee that the Website will be error-free, uninterrupted, or accessible 24/7. We may need to temporarily suspend or restrict access to the Website for maintenance, updates, or technical issues (e.g., server repairs, software upgrades). We will make reasonable efforts to notify Users of planned downtime (e.g., via a notice on the Website or email), but we may not be able to provide advance notice for unplanned outages (e.g., due to a cyberattack or natural disaster).

We also reserve the right to modify or discontinue any features, services, or content on the Website at any time, with or without notice. We will not be liable to you or any third party for any loss or inconvenience resulting from the temporary unavailability of the Website or changes to its features.

8. Disclaimer of Warranties

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERLANO DISCLAIMS ALL WARRANTIES—INCLUDING BUT NOT LIMITED TO:

  • Implied Warranties: Warranties of merchantability (that the Website or products will meet your expectations), fitness for a particular purpose (that the Website will work for your intended use), and non-infringement (that the Website’s content will not infringe others’ rights).
  • Warranties of Accuracy: Warranties that the Website’s content (e.g., product descriptions, prices, availability) is accurate, complete, or up-to-date. We make every effort to ensure accuracy, but errors may occur (e.g., typographical mistakes, outdated stock information).
  • Warranties of Security: Warranties that the Website is free from malware, viruses, or other harmful components, or that your use of the Website will be secure. While we implement security measures (as described in our Privacy Policy), no online platform is 100% secure.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, any implied warranties will be limited to the maximum extent permitted by law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERLANO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THE WEBSITE. THIS INCLUDES BUT IS NOT LIMITED TO:

  • Damages from lost profits, data, or business opportunities.
  • Damages from Website downtime, errors, or technical issues.
  • Damages from third-party links or content (e.g., a third-party website scamming you).
  • Damages from unauthorized access to your Account (unless caused by our gross negligence).

Our total liability to you for any claim related to the Website (whether for breach of contract, negligence, or otherwise) shall not exceed $100 USD. This limitation applies even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation of liability for certain types of damages, so the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Everlano, our employees, directors, officers, affiliates, and licensors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Website (including any violation of these Terms).
  • Your Account activities (e.g., unauthorized purchases made under your username).
  • Your violation of any third-party rights (e.g., infringing someone’s copyright, harassing another User).

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to cooperate with our defense of these claims.

11. Changes to These Terms

We may update these Terms of Use from time to time to reflect changes in our business practices, legal requirements, or Website features. When we make changes, we will revise the “Last Updated” date at the top of this page and post the updated Terms on the Website. The revised Terms will take effect immediately upon posting.

We encourage you to review these Terms periodically—your continued use of the Website after the updated Terms are posted constitutes your acceptance of the changes. If you do not agree to the revised Terms, please stop using the Website.

12. Contact Us

If you have any questions, concerns, or requests related to these Terms of Use (e.g., Account issues, intellectual property claims), please contact our customer support team at:

Email: [email protected]

Thank you for using Everlano!

— The Everlano Team