Privacy, Terms, Cookies & Disclaimer

Last Updated and Effective Date: January 21st 2025

1. About Us
2. Use of the Website
3. Supply of Products
4. Our Privacy Policy
5. Accessibility
6. Our Cookies
7. General
8. Campaigns
9. Outlet/Sale
 

1.    ABOUT US 

Welcome to our Elomi website.  These are the terms and conditions under which all visitors ("you") may use our (“Eveden Online LLC” or "we/us/our") website (the "Website") and purchase products ("Products" or “Services”) from us.  By accessing and using our Website, you are agreeing to these terms, including the terms of our Privacy Policy (“Agreement”).

2.    USE OF THE WEBSITE

2.1 Rules of Conduct

In order to provide you with the best experience possible, we ask you to follow our house rules when using our Website:

Don’t Break the Law.  You are also responsible for understanding and complying with all applicable local, state, federal and international laws (including minimum age requirements) in regard to the use of our Services.  Use of our Services in any way that violates the law, including appliable intellectual property and privacy rights owned by others, as well as local, state, federal, and international laws prohibiting fraud, theft, anti-competitive conduct, harassment, threatening conduct, or any other unlawful acts or crimes against us, another user, or a third party.

Be Respectful. Even if your conduct is not unlawful, you may not use our Services to harass, threaten, intimidate, or impersonate someone else or otherwise attempt to mislead others as to your identity.

Be Honest.  You may be required to provide proof of identity or other documentation to access or use the Services and you acknowledge and agree you may be denied access to the Services for failure to comply with such requests.

Don’t Steal. You may not use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services or to reverse engineer or attempt to obtain the source code of the Services.  You also agree not to reproduce, duplicate, copy, modify, sell, re-sell or exploit any content from our Services for any commercial, educational, or any other non-personal purpose or for any purpose unrelated to your business, without our express written consent.

Don’t Try to Harm Our Systems.  Don’t upload, post, email or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, spiders, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.  

If we believe you are misusing our Services or violate these Terms in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your use and access to our Services.

2.2 Intellectual Property

The Services and the entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) comprising or relating to our Website are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

All third-party trademarks (including logos and icons) referenced by us remain the property of their respective owners. Unless specifically identified as such, our use of third-party trademarks does not indicate any relationship, sponsorship, or endorsement between us and the owners of these trademarks. All references made by us to third party trademarks are to identify the corresponding third-party goods and/or services and intended to constitute nominative fair use under applicable trademark laws.

2.3 Comments, Feedback & Other Submissions

We welcome your comments and feedback regarding our Website, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to us using this Website or otherwise are not confidential. You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the comments in any manner and for any purpose, including to improve the Website and create other products and services.

2.4 Content of the Website

2.4.1 While we will use our reasonable endeavors to ensure that the information contained in the Website is correct and reliable, no warranty, either express or implied, is given as to the accuracy or completeness of that information.

2.4.2 The Website contains content and services ("Third Party Services") owned, operated, controlled or provided by third party service providers ("TSPs") and not by us. Where appropriate the provision of any Third Party Services to you by any TSP shall be on the terms and conditions of the relevant TSP. It is your responsibility to make yourself aware of such terms and conditions. We exclude any and all liability arising from the provision of any Third-Party Services to you by any TSP and your only remedy for failure to provide such Third Party Services is against the relevant TSP.

2.5 Usernames and Passwords

You may need to register to use any part(s) of the Website or access our Products and Services. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Services account.

3.    SUPPLY OF PRODUCTS

3.1 Ordering products

3.1.1 To place your order follow the steps set out on the Website.

3.1.2 The appearance of the products on our website is an invitation to you to make an offer to purchase them by placing an order with us. We have the right to refuse any orders and no contract will subsist between you and us unless and until we accept your order.

3.1.3 Acceptance of an order will be deemed complete and effectively communicated to you when we send you an email accepting your order (whether or not you receive that email). An automated email acknowledging receipt of your order will not be treated as acceptance of your order.

3.1.4 The products on our website are subject to availability. If we accept your order for any products ("Products") but do not supply those Products to you for any reason, we will not charge you for those Products and will refund any money already paid for them. However we will not be responsible for compensating you for any other losses which you may suffer if we do not supply the Products.

3.2 Price of the products and payment

3.2.1 The prices for the Products and any shipping charges are as set out on our Website and are stated in US dollars. These prices exclude sales tax until a shipping address is selected in the checkout.

3.2.2 While we try to ensure that these prices are accurate, mistakes may sometimes occur. If we discover a mistake in the price of the Products we will contact you as soon as possible and give you the option to either re-order the Products at the correct price or to cancel your order. If we cannot contact you we will treat the order as having been canceled. If the order is cancelled we will not charge you for those Products and will refund any money already paid for them.

3.2.3 Any promotional codes/discounts must be entered before the order has been placed. We are unfortunately unable to apply discounts after the order has received. 

3.2.4 The cost of any order must be paid by you before delivery by a payment method acceptable to us.

4.    OUR PRIVACY POLICY

Privacy Section Last Updated: January 21st 2025

a) Elomi and your personal information

The protection of your personal information is important to us. We respect your privacy and want you to understand what we do with the information we hold about you. This Privacy Policy is meant to help you understand how we collect, use, and share the information we collect about you when you interact with our Website and/or access our products or services.  We are dedicated to being transparent about the data we collect about you, how it is used and with whom it is shared.

b) Personal information we collect

We may collect the following types of personal information from you:

We collect personal information when you provide it
We collect personal information when you create, manage or amend your account with us, purchase products from us, complete forms we provide to you, enter promotions, make a complaint, contact us by phone, email or communicate with us directly in some other way.

You may voluntarily provide us with the following categories of personal information:

- Contact details: information that allows us to contact you directly such as your name, email address, telephone number and addresses associated with your account.
- Security details: such as your password and other security-related information used to access your account.
- Order history: records of the products you purchase.
- Size details: records of your preferred sizing for our products.
- Payment information: credit/debit card details and bank account details you provide to make payment for the products and services you purchase from us. We do not store this information but we pass it to our payment provider who may store this information.
- Shipping information: information relating to the shipment of our products to you.
- Responses to surveys, competitions and promotions: we keep records of any surveys you respond to or your entry into any competition or promotion we run.
- Records of your discussions with our customer support teams: when you share comments and opinions with us, ask us questions or make a complaint we will keep a record of this. This includes when you send us emails, phone our support team or contact us through social media such as through X (formally Twitter), Instagram or on Facebook.

We collect personal information from third-party sources
To better understand your preferences, operate our business, and provide you with products and services we believe you will love, we may receive your personal information from the following third parties:

- Third-party service providers that support our business, including companies that help with our payment services, marketing efforts, analytics providers, advertising networks and cooperatives, third parties that share information with us about the different devices you use online, reviews you have posted on third-party sites about products we offer, and other third parties that we collaborate or work with.

- Online social networks if you follow us or any of our brands on social media sites, including Instagram, Facebook, and Twitter.  We recommend you review the privacy policies of any third-party sites you visit to understand the data collection and practices of those third parties.

We collect personal information using automated technologies

Personal information is also collected through automated technologies and shared with us when you visit our Website, open an email or click one of our advertisements.  We use automated data collection technologies, such as cookies, beacons and tags, to improve your experience and inform marketers of your journey, so that in turn they can make improvements to the website.  For instance, we may collect location information from your computer’s IP address. This may tell us an approximate location when you connect to our websites but this will be no more precise than the city, state or country you are using your device in.

A “cookie” is a small text file that is stored on an individual’s computer and downloaded to the computer or mobile device when they visit a website.  Cookies then send information back to the originating website on each subsequent visit, or to another website that recognizes that same cookie.  We use the following types of cookies:

- Strictly Necessary Cookies.  These cookies are necessary for the Website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for Services, such as setting your privacy preferences, accessing your account and adding products to your basket. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

- Analytical Cookies.  These cookies allow us to get to know how you use our Website. They’re used to count visits and traffic sources so we can get insights into what our visitors like and which pages are the most popular. We also use this information to help improve our Website, make our marketing more relevant and improve your experience. The data used for these cookies is aggregated and anonymized, which means that we can’t identify you as an individual. Therefore, no personal data is used for these cookies.

- Functional Cookies. These cookies enable the Website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages.  If you do not allow these cookies then some or all of these Services may not function properly.

- Targeted Advertising Cookies. These cookies may be set through our site by our advertising partners. They may be used to build a profile of your interests and show you relevant adverts on other sites, search ads and social media. They do not store direct personal information but can identify your browser and internet device. If you do not allow these cookies, you will experience less targeted and relevant advertising. 

If you would like to manage your cookie settings on our website click Manage Cookies where you can easily turn on and off non-essential cookies, including Targeted Advertising Cookies. Some cookies are essential in order to use our Website and so if you do disable cookies our website may not operate properly and you may not be able to make a purchase.

c) How we use personal information

We know your personal information is important to you, so we want to be transparent about the purposes for which we use that information. Here are the ways we use your personal information: 

We may anonymize and aggregate any of the personal information we hold (so that it does not directly identify you). We may use anonymized and aggregated information for purposes that include testing our IT systems, research, data analysis, improving our site and developing new products and services.

d) Who we share your personal information with

We share your personal information with the following parties: 

- Companies in the same group of companies as us: for the purpose of providing a service to you.
- Shipping companies: to deliver products that you have ordered from us.
- Payment providers: to take payment for our products.
- Data analytics suppliers: to better understand how people use our websites.
- Third party companies with advertising services that help us carry out and measure our advertising campaigns. 
- Credit reference agencies: so that we can assess your creditworthiness and to verify your identity.
- Other service providers and advisors: such as companies that support our IT, help us analyze the data we hold, process payments, send communications to our customers, provide us with legal or financial advice and generally help us deliver our products and services to you.
- Purchasers of our business: buyers or perspective buyers who we sell or negotiate to sell our business to.
- Government or our regulators: where we are required to do so by law or to assist with their investigations.
- Police and law enforcement: to assist with the investigation and prevention of crime.

e) Children’s Privacy

We are concerned about the privacy protection of children who access the internet and we comply with the Children's Online Privacy Protection Act (COPPA) and other applicable state laws. Accordingly, the Website is not intended for use by anyone under the age of 16 without the supervision of a parent or guardian.  Accordingly, we do not knowingly process or share personal data of any under 16, and should we become aware that any personal data is stored regarding a child under 16, we will follow our internal processes to delete this data in accordance with your data protection rights as soon as is reasonably possible.

f) Your Rights

If you do not want your information collected, please do not submit it to us. If you have already submitted information and would like to review, correct, or remove it from our records, please contact us at [email protected]. 

Additional information for residents in certain states
Consistent with applicable law, some states provide their state residents with additional rights to:

- Confirm whether we process their personal information.
- Access and delete certain personal information.
- Correct inaccuracies in their personal information, taking into account the information's nature processing purpose
- Data portability.
- Opt-out of personal data processing for targeted advertising, sales, or profiling
- Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights please email us at [email protected]. We will respond to requests within 45 days.

To process your request, we must be able to reasonably verify your identity to make sure you are the person about whom we have collected personal information or an authorized representative. You may be asked to provide us with information such as your name, home address, email address, telephone number. We may also contact you to request additional information in relation to your request. The information you provide must match the information we have in our possession. This measure is in place to help protect your personal information. The information collected through this process will be used for verification purposes only.

We will not discriminate against you because you have exercised any of your rights under applicable law.  

Additional information for EU residents
While EU residents cannot make orders on the Website, we do provide EU residents the option to exercise their rights in the chance their evidence is collected.  EU residents have the following rights in relation to your personal information: 

- the right to be informed about how your personal information is being used 
- the right to access the personal information we hold about you
- the right to opt-out of receiving direct marketing messages
- the right to request the correction of inaccurate personal information we hold about you
- the right to request the blocking or deletion of your personal information where the processing does not comply with applicable data protection laws
- the right to request that we port elements of your data either to you or another service provider  

To exercise any of the above rights, or if you have any questions relating to your rights, please email us at [email protected]. 

If you are unhappy with the way we are using your personal information you can also complain to the UK Information Commissioner’s Office or your local data protection regulator. However, we are here to help and would like to encourage you to contact us directly first so that we can resolve your complaint. More information about your legal rights can be found on the Information Commissioner’s website at https://ico.org.uk/your-data-matters.

Do not sell or share my personal information 
While we do not share your personal information for monetary consideration, certain state laws may characterize our sharing of personal information with companies that provide services to us, such as companies that help us to provide personalized product recommendations to you, “sales”/”sharing” for the purpose of cross-context targeted advertising. You have the right to control the use of your personal information for targeted advertising, as further noted in section G. 

g)    Targeted Advertising

You may opt out of the use of information about your browsing activities on our Services by adjusting your settings for each device and browser you use with the Website. We may provide third parties with aggregate statistical information and analytics about users of our products and services but we will make sure no one can be identified from this information before we disclose it.

To opt out of targeted advertising, you can click the “Do Not Sell or Share My Personal Information” link at the bottom of the page. Alternatively, you may also use an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) signal and can learn more about how to download and use a browser that supports the GPC signal on the Global Privacy Control website at https://globalprivacycontrol.org/orgs. Please note that the GPC signal will not be recognized across devices or browsers. You will need to turn the GPC signal on for each supported browser, browser extension, and device that you use.

Further, you may be able to opt-out of behavioral targeting from Google at https://support.google.com/ads/answer/2662922?hl=en-GB. Many of these companies are also members of the Network Advertising Initiative (NAI), which offers the ability to opt out from online behavioral advertising by any or all member companies on a single page at http://www.networkadvertising.org/managing/opt_out.asp. Opting out of a network does not mean that you will no longer receive online advertising or that the network will stop collecting information about your visit to the sites. It does mean that the network from which you opted out will no longer deliver ads tailored to your Web preferences and usage patterns.

We also use Google Analytics which sets cookies to collect information about how visitors use our website. We use the information to compile reports and to help us improve the website. The cookies collect information including the number of visitors to the website and blog, where visitors have come to the website from and the pages they visited. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

Our site also includes Facebook Pixel which is a piece of code that reports an action, for example purchasing a product. This enables us to understand visitors’ behavior on our site after they have seen a Facebook ad and use this to optimize our ads moving forwards. You can opt out of Facebook Ads by accessing your account settings in Facebook.

h)    Important Notice to Non-U.S. Residents

This website is not intended for non-U.S. residents, but for clarity, we note that the personal information we collect may be transferred to and stored in countries outside of the United States. Some of these jurisdictions require different levels of protection in respect of personal information and, in certain instances, the laws in those countries may be less protective than the jurisdiction you are typically resident in. We will take all reasonable steps to ensure that your personal information is only used in accordance with this Privacy Policy and applicable laws and regulations. 

i)    How long do we keep your personal information for

We store the personal information we receive as described in this Privacy Policy for the time necessary to meet our legitimate business purposes, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. We may also maintain residual copies of your personal information in our backup systems.

j)    Security

Our website has numerous security measures in place to protect the loss, misuse and alteration of information under our control, such as passwords and firewalls. We cannot, however, guarantee that these measures are, or will remain, adequate. We do, however, take data security very seriously and will use all reasonable endeavors to protect the integrity of the information you provide.

You are responsible for using a strong password and keeping it confidential.  You understand and agree not to share your account login credentials with others and that you are responsible for anything that happens through your account unless you close it or report misuse.

k)    Changes to this notice

We may update this Privacy Notice  from time to time. When we change this notice in a material way, we will update the version date at the top of this section. For significant changes to this notice we will try to give you reasonable notice unless we are prevented from doing so. Where required by law we will seek your consent to changes in the way we use your personal information.

l)    External Websites

Our Services may contain links to third-party websites. we have no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

m)    Contact Us

In the event of any query or complaint in connection with the information we hold about you, you can contact us at:

Eveden Online LLC
Attn: Legal Department: Privacy Policy
65 Sprague Street
Hyde Park, Massachusetts 02136 USA
[email protected]

5.    ACCESSIBILITY

This accessibility statement was updated by ilumino on January 21st, 2025.

To help us make the Website a positive place for everyone, we've been referring to the Web Content Accessibility Guidelines (WCAG) 2.2 Levels A & AA. These guidelines explain how to make web content more accessible for people with disabilities, more compatible with assistive technology, and more user friendly for everyone.

We want everyone who visits our website to feel welcome and find the experience rewarding, going above and beyond the recommendations stated in European Standard, EN 301 549 – Accessibility requirements for ICT products and services. WCAG guidelines have three levels of accessibility (A, AA and AAA). We’ve chosen Level 2.2 A & AA as the target for the Website.

We are working hard on the Website and we have hired the certified professionals at ilumino, llc to help us achieve our goal of WCAG 2.2 Level A & AA accessibility. The following pages/documents included in the scope of work are representative of the pages on the website:

- Homepage
- Search Results Page
- Lingerie Page
- Product Details Page 
- Cart Page
- Checkout – Login Page
- Multi Checkout Summary Page
- Order Confirmation Page
- Login Page
- Account Page
- Terms and Conditions Page
- Delivery and Returns Page
- Size Guide Page
- Store Finder Page
- Managed Cookies
- Become a Stockist
- Fitting Guide
- US/UK Size Toggle

The accessibility experts at ilumino, llc conducted manual testing on a Windows or Mac computer using NVDA, JAWs, or VoiceOver, as appropriate. Proprietary software is used for all automated testing.

We are committed to making our website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email our team at [email protected] and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.

6.    OUR COOKIES

What is a cookie?

This cookie statement was last updated on January 21st 2025

We don't store your personal information in our cookies, but personal information that we store about you may be linked to the information stored in, or from, cookies.

The cookies we use on our site are:

Strictly Necessary

- First Party Session:
Stores information which enables core functionality of the site to work e.g. adding items to bag & recently viewed items

- One Trust:
Our Cookie law compliance solution stores information about the cookies the site uses and whether visitors have given or withdrawn consent for the use of each category.

- PayPal       
Third party PayPal cookies are essential for fraud protection and safe transactions, as well as login functions to the PayPal website.

- SAP
SAP provides core site functionality, stores consent data for anonymous users and maps user sessions across servers.

Analytical

- Google analytics:
Captures information about how our customers interact with our website, which we use to improve our shopping experience and marketing campaigns

- Dynatrace: 
This enables us to report on site performance including if error pages are served and page load speeds. We use this information to then drive improvements in our website experience for our customers. 

- MS Clarity
This is a behavioural analysis tool from Microsoft that helps us understand user interaction on our website, which we can use to enhance the website for our users. 

Functional

- First Party:
We use customers’ IP location (only at a country level) & browser settings to help us direct them to our most relevant country site and language and we then store those preferences in a cookie so that we serve the preferred site & language on subsequent visits. We also hold other browsing preferences like number of search results on a page.

Advertising

- Google Marketing Platform:
Tools used by Google Marketing Platform to give insight into customer behavior so we can further optimize our campaigns. To find out more information please view Google’s Privacy and Terms (https://policies.google.com/technologies/partner-sites)

- Bing:
Tools used by Microsoft for unique user tracking

- YouTube, Pinterest, Instagram, Facebook & Twitter
Analytics and ad tracking along with the ability to share our products on social media

Managing Cookies

If you would like to manage your cookie settings on our website click Manage Cookies where you can easily turn on and off non-essential cookies. Some cookies are essential in order to use our website and so if you do disable cookies our website may not operate properly and you may not be able to make a purchase.

Please note that we’re not responsible for the content of external websites.

7.    GENERAL

7.1 We may assign, transfer, mortgage, charge, subcontract, sublicense or otherwise dispose of the whole or any part of this Agreement without your prior written consent.

7.2 The remedies available to either you or us under these terms shall not limit or exclude any other rights that you or we may have against each other.

7.3 Any failure by us to enforce any of our rights under these terms shall not affect our right to enforce them at a later date.

7.4 If any provision or right under these terms is found to be invalid or unenforceable then the remaining provisions or rights under these terms shall be unaffected as if such invalid or unenforceable part did not exist.

7.5 These terms contain all the terms and conditions between you and us regarding your order. No representation, undertaking, warranties or promise shall be taken to have been given or implied except as set out in these terms or implied by law. These terms do not affect your statutory rights. We reserve the right to change these terms at any time without prior notice to you.

7.6 TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SERVICES AND ALL GOODS, SERVICES, PRODUCTS, CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE AND OUR SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND EACH OF THE ASSOCIATED ENTITIES DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE WEBSITE, OUR GOODS AND SERVICES, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. 

TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: 

a.    the Website or our Services; 
b.    your use of or inability to use the Website or our Services;
c.    any action taken in connection with copyright or other intellectual property owners or other rights owners;
d.    any injury you sustain directly or indirectly as a result of your use of the Website or our Services or any products or services purchased through the Website;
e.    any errors or omissions in the Website’s or the Service’s technical operation; or
f.    any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Eveden were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service). 

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you. 

7.7  EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVEDEN’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID EVEDEN TO ACCESS THE SERVICE OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.  FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.

7.8 Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us harmless from and against all claims, losses, costs and expenses (including attorneys' fees) arising out of (a) your use of, or activities in connection with, the Website and our Services; (b) any violation of this Agreement by you; (c) any use or other exploitation, or failure or omission to use or otherwise exploit, any submission (including any portion thereof) that you post; or (d) any claim that your submission or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.

7.9 Nothing in this Agreement shall give any right or benefit to any person who is not a party to it.

7.10 Massachusetts law governs these Terms, without regard to the conflict of laws provisions. We make no representation that our Services are appropriate, legal or available for use in locations outside of the United States. If you choose to access our Services, you agree to do so subject to the laws of Massachusetts and the United States. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

7.11 If you have any questions regarding the meaning or application of this Agreement, please direct such questions to [email protected]. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us.

8.    CAMPAIGNS

8.1 All Campaigns/sales/promotional offers are subject to availability.

8.2 All offers are online only.

9.    OUTLET/SALE

9.1 All Campaigns/sales/promotional offers are subject to availability.

9.2 All Sale/outlet items will be clearly marked down on the web & are on selected lines only.

9.3 All offers are online only