EVERYDAY BEAR, LLC Terms of Use

These Terms of Use (“Terms”) govern your relationship with EVERYDAY BEAR, LLC (“EVERYDAY BEAR”, “we”, “our” or “us”) with respect to your access to and use of EVERYDAY BEAR website (the “Site”) as well as certain terms and conditions applicable to the products and services you may obtain through the Site (collectively, the “Services”). By using the Site, you accept the Terms, which may be updated from time to time, and you consent to the collection, use, and sharing of your data and other activities as described in our Privacy Policy. Please review these Terms whenever you visit the Site to take notice of any changes.

EVERYDAY BEAR’S use of any information you provide via the Site or your use of the Site will be governed by our Privacy Policy. EVERYDAY BEAR may change the Privacy Policy from time to time in its discretion without prior notice or liability to you or any other person. By accepting this Agreement, and each time you use the Site, You consent to EVERYDAY BEAR’S collection, use, and disclosure of your personal information in accordance with the Privacy Policy as it then reads without any further notice or any liability to you or any other person. 

By using the Site You may provide information to EVERYDAY BEAR about yourself which is transmittable to EVERYDAY BEAR servers. Such information is made available by you and used by EVERYDAY BEAR under these Terms and subject to the Privacy Policy, the terms and conditions of which are incorporated herein by reference. 

The Privacy Policy may be accessed on our PRIVACY POLICY PAGE. We urge you to read the Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

Accounts 

You may be required to register for an account to obtain Services or to use certain features on the Site. When you create an account, and each time you log in to that account, you agree that (a) you will provide accurate, current, and complete information about yourself and will update such information as appropriate or necessary; (b) you are solely responsible for all activities associated with your account or carried out by a user of your account, whether or not you authorized the activity; (c) you are responsible for maintaining the confidentiality of any username and/or password you provide and will not transfer or share your username or password with any third party; and (d) you will immediately notify us if your account credentials are lost or stolen, or if you become aware of any unauthorized use of your account. 

If you are under 18, you may use the Site only under the supervision of a parent or guardian. Children under the age of 13 are not permitted to use the Site. EVERYDAY BEAR reserves the right to refuse to establish an account or to terminate any account at our sole discretion.

The Site is owned and operated by EVERYDAY BEAR. The Site may be accessed and used only by individuals who have: (a) reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law; and (b) accepted these Terms. Persons using the Site must comply with all applicable laws. You may not use such the Site to: (i) violate any law of to perform any activity that is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, invasive of others’ privacy, hateful, or racially, sexually, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach a third party’s rights; or (iii) advertise, offer, solicit, license or grant public access to any such assessment and screening services. In addition, You agree You will not: (i) intentionally provide irrelevant, misleading, or wrongful information while using the Site; (ii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iii) provide any incomplete, false, or inaccurate information on an application submitted for a job with EVERYDAY BEAR through a third-party website; (iv) post or transmit any content or information that contains a virus, worms, Trojan horses, or corrupted data to the Site; (v) eavesdrop, commit electronic trespassing, fraud or forgery, sniff, spam, nuke, hack, spoof, break passwords, contaminate such assessment and screening services, cause unauthorized, damaging and/or harmful access and/or retrieval of information and data to the Site; (vi) create deep linking from any other page to any part of the Site; (vii) delete any author contributions, legal notices, or proprietary designations or labels on any information or documents You upload to the Site; (viii) upload or transmit any content or information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party to the Site; and/or (ix) delete or revise any material posted by another person or entity on the Web Site. EVERYDAY BEAR may in its discretion refuse permission to access and use the Site.

Products

EVERYDAY BEAR offers natural, safe cleaning products for your home.

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Limited License

Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, or otherwise use content provided through the Site on a personal computer, browser, laptop, tablet, mobile phone or other Internet-enabled device and/or to print one copy of such content for your personal, non-commercial use only. The foregoing limited license does not grant you any ownership or intellectual property interest in content on the Site and it may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. Unauthorized use of the content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Furthermore, by using the Site and providing information to EVERYDAY BEAR through the Site, you expressly grant, and represent and warrant you have a right to grant, to EVERYDAY BEAR a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such information where not inconsistent with EVERYDAY BEAR’S Privacy Policy, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site.

EVERYDAY BEAR reserves the right, without prejudice to any other remedy to which EVERYDAY BEAR may be entitled under these Terms and/or any applicable law, in our sole discretion, and without notice to you, without liability to you or any third party, to: (a) change, suspend or terminate, temporarily or permanently, these Terms, the Site, or any part of it, and/or the Services; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Site or the Services. If you breach any provision of these Terms, you may no longer use the Site.

Usage Restrictions

You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, the Services, or our network. You agree that you will not (a) modify, adapt, or hack the Site otherwise attempt to gain unauthorized access to the Site or related systems or networks; (b) use the Services or the Site in any unlawful manner; (c) attempt to decipher, decompile, reverse engineer, or otherwise discover the source code of any software making up the Site; (e) attempting to probe, scan or test the vulnerability of the System or our network or to breach security or authentication measures without proper authorization, (f) attempt to interfere with services to any user, host, or network, including, without limitation, via means of overloading, “flooding”, “mail-bombing” or “crashing”; (g) forge any TCP/IP packet header or any part of the header information in any posting; (h) use the Site to knowingly post, transmit, upload, link to, send, or store any content that is unlawful; or (i) use the Site to knowingly post transmit, upload, link to, send, or store any viruses, malware, or any other similar harmful or malicious software.

Violations of the Site or network security may result in civil and/or criminal liability. EVERYDAY BEAR will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Intellectual Property Rights

EVERYDAY BEAR is the owner or licensee of the content and/or information on the Site, and all intellectual property rights (including any registered or unregistered trademark, trade name, logo, service mark, or copyright), unless otherwise indicated, in the Site. Material published on the Site may contain other proprietary notices or describe products, services, processes or technologies owned by EVERYDAY BEAR or third parties. Nothing in these Terms shall be construed as granting to you, by implication, estoppel, or otherwise, a license, rights to use, or other rights under any copyright, trademark, patent, or other intellectual property right of EVERYDAY BEAR or any third party, including trade names, service marks, or logos displayed on the Site, except as expressly set forth herein. Any use by you of the registered or unregistered trademark, trade name, logo, service mark, copyright, trademark, patent, or other intellectual property of EVERYDAY BEAR or any third party displayed on the Site is strictly prohibited. Specifically, you may not copy, imitate, modify, reproduce, publish, republish, upload, post, rent, lease, loan, sell, distribute, transmit, or create derivative works of such intellectual property, in whole or in part, without the express prior written consent of EVERYDAY BEAR.

Terms of Sale; Orders

By placing an order, you are offering to make a purchase subject to these Terms and any additional applicable terms relevant to the particular product or service. When you place an order we will send you a confirmation email acknowledging our receipt of your order, however, this email does not constitute acceptance of your order. All orders are subject to availability and confirmation of pricing. Delivery dates and times may vary according to availability and be subject to delays resulting from postal service interruptions or other factors outside our control.

Purchases and Payment

We may use third-party services to process payments made through the Site. By submitting your payment information, you grant us the right to provide such information (including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and CVV number) to these third parties, subject to our Privacy Policy. You also represent and warrant that (a) you have the legal authority to use the payment card information you are submitting through the Site; and (b) the information you supply to us is true, correct, and complete.

We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, suspected fraud, or unauthorized or illegal transaction.

Return Policy

Unopened products can be returned for a refund or exchange within seven (7) days of receiving the products. We will not be held responsible for the return shipping charge, however, will take care of the re-shipment charge. If any part of your order is damaged, a picture must be sent to holly@everydaybear.com and new products will be sent with no cost of shipping to you.

To start a return simply contact holly@everydaybear.com.

Non-returnable Items: Opened/used products and promotional items.

Refunds: We will notify you once your products been received and inspected. We will let you know if your refund has been approved or not. If approved, you will be automatically refunded on your original payment method within ten (10) business days. Please contact us if any problems occur with your refund.

Electronic Communications

By using the Site or obtaining Services through the Site, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of receiving promotional communications from us by following the unsubscribe link or instructions provided in email communications we may send to you.

Disclaimer of Warranties 

THE SITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. NEITHER EVERYDAY BEAR NOR ANY OF ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, SECURITY, USEFULNESS, OR COMPLETENESS OF INFORMATION OR THE SITE,  QUIET ENJOYMENT, AND FREEDOM FROM COMPUTER VIRUS, ALL OF WHICH ARE HEREBY DISCLAIMED BY EVERYDAY BEAR TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EVERYDAY BEAR MAKES NO REPRESENTATION, WARRANTY, OR CONDITION THAT: (A) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE SITE OR DERIVED FROM THE SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON. EVERYDAY BEAR DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW. BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN ANY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.

Limitation of Liability

YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. EVERYDAY BEAR DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE SITE. YOU AGREE THAT THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND/OR SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND EVERYDAY BEAR AND ITS AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTENT OR SERVICE PROVIDERS, SUPPLIERS, AND ALL OTHER RELATED ENTITIES OR PERSONS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY EVERYDAY BEAR OR ANY PERSON TO OR FOR WHOM EVERYDAY BEAR IS RESPONSIBLE OR LIABLE, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS, LOSS OF USE, INCOME, REVENUE, PROFITS, BUSINESS, DATA, OR SALES, OR COST OF SUBSTITUTE SERVICES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT ACTION, OR ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY EVERYDAY BEAR AND ITS AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTENT OR SERVICE PROVIDERS, SUPPLIERS, AND ALL OTHER RELATED ENTITIES OR PERSONS, AND NOTWITHSTANDING THAT EVERYDAY BEAR OR ANY AFFILIATE OR PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON. THE LIMITATION OF CERTAIN LIABILITIES MAY BE PROHIBITED BY IN SOME JURISDICTIONS, SO CERTAIN LIMITATIONS OR LIABILITY MAY NOT APPLY TO YOU.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD EVERYDAY BEAREVERYDAY BEAR, LLC AND ITS RESPECTIVE SUPERVISORS, TRUSTEES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES, ALLEGATIONS, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES), JUDGMENTS, LIABILITIES, LOSSES, AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE AND/OR THE SERVICES; (B) YOUR BREACH OR ALLEGED BREACH OF THESE TERMS; (C) YOUR VIOLATION OF ANY LAWS, RULES, REGULATIONS, CODES, STATUTES, ORDINANCES, OR ORDERS OF ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL AUTHORITIES; (D) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY, OR PRIVACY RIGHT; OR (E) ANY MISREPRESENTATION MADE BY YOU OR ON YOUR BEHALF. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND.

Entire Agreement; Severance; No Waiver; Assignment; Section Titles

These Terms incorporate by reference any notices on the Site and, together with the Privacy Policy and any end-user license agreements, constitute the entire agreement regarding your access to and use of the Site, superseding any prior agreements between you and EVERYDAY BEAR. If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. EVERYDAY BEAR’s failure to enforce a given provision on any occasion shall not be construed as a waiver of such provision.

The Terms inure to the benefit of EVERYDAY BEAR’s successors, assigns and licensees. EVERYDAY BEAREVERYDAY BEAR may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without our prior written consent. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Updates to Terms

We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable additional terms, without prior notice. You agree that we may notify you of any updated Terms by posting them on the Site and/or by sending you an email to the last email address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms. Your continued use of the Site and/or the Services following the posting of revised Terms shall indicate your acknowledgement of such changes and your agreement to be bound by the terms and conditions of such changes. If you object to any such changes, your sole recourse is to discontinue your use of the Site and/or the Services.

Errors and Inaccuracies

EVERYDAY BEAR attempts to keep information on the Site and about the Services current, but it should not be considered comprehensive or error-free and we make no warranties or representations as to the accuracy of the content of the Site, nor do we assume responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information on this Site. The Services may be mispriced, described inaccurately, or unavailable, and we cannot guarantee the accuracy or completeness of any information found on the Site. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout these terms and conditions and on the Site. We may change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Promotions

Any contests, coupons, sweepstakes or other promotions (collectively, “Promotions”) made available through the Site or the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Applicable Law and Jurisdiction

The Site is controlled by EVERYDAY BEAR from in the State of Ohio, Mahoning County, in the United States of America. These Terms your use of the Site, any amendments thereto, and all related matters shall be governed and construed solely in accordance with the laws of the State of Ohio, without regard to principles of conflicts of laws. Any dispute, controversy or claim arising out of, in connection with, or related to these Terms, or the breach thereof, shall be brought in any Federal or State court located in Mahoning County, Ohio, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

International Issues 

The Site does not accept international orders and we will not ship orders to addresses located outside of the United States. EVERYDAY BEAR controls and operates the Site from the United States, and we make no representation that the Site is appropriate or available for use beyond the United States. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Site.

Investigations; Cooperation with Law Enforcement

We reserve the right to investigate and prosecute any suspected breaches of these Terms or violations relating to your use of the Site or the Services. EVERYDAY BEAR may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

Please send reports of any activity in violation of these Terms to holly@everydaybear.com.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. CalOPPA: Because we respect your privacy, we are compliant with the California Online Privacy Protection Act. Please see our Privacy Notice for more information.

Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THESE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY ON OUR PRIVACY POLICY PAGE REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN EVERYDAY BEAR AND YOU CONCERNING YOUR USE OF THE SITE AND THAT IT SUPERSEDES ANY PRIOR COMMUNICATION OR AGREEMENT, ORAL OR WRITTEN, BETWEEN YOU AND EVERYDAY BEAR RELATING TO THESE TERMS.

Latest version: June 7th, 2024