Terms of Service
Welcome to evermix.com. evermix.com (“the Site”) is a website created and managed by everMix, LLC (“everMix”) to introduce, market, and sell the music, art, services, and events of artist Scott Raposa. The Site provides its services to you subject to the following conditions. Please read them carefully. If you visit or shop at evermix.com, you accept these conditions.
ELECTRONIC COMMUNICATIONS
When you visit evermix.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of everMix or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of everMix and protected by U.S. and international copyright laws. All software used on this site is the property of everMix or its software suppliers and protected by United States and international copyright laws.
PRIVACY
Please review our Privacy Notice, which also governs your visit to evermix.com, to understand our practices.
TRADEMARKS
All evermix.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of everMix or its affiliates in the U.S. and/or other countries. everMix’s trademarks and trade dress may not be used in connection with any product or service that is not everMix’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits everMix. All other trademarks not owned by everMix or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by everMix or its affiliates.
LICENSE AND SITE ACCESS
everMix grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of everMix. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of everMix. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of evermix.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the everMix or Scott Raposa name or trademarks without the express written consent of everMix. Any unauthorized use terminates the permission or license granted by everMix. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of evermix.com so long as the link does not portray Scott Raposa, everMix, evermix.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any evermix.com logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. evermix.com sells products to adults, who can purchase with a credit card. If you are under 18, you may use eve only with involvement of a parent or guardian. evermix.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
PRICING
Except where noted otherwise, the Price displayed for products on our website represents the full retail price listed on the product itself, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY EVERMIX OR ITS AFFILIATES ON AN “AS IS” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EVERMIX AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EVERMIX AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVERMIX AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM EVERMIX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVERMIX AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting evermix.com, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and everMix or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to evermix.com or to products you purchase through evermix.com shall be submitted to confidential arbitration in New Jersey, except that, to the extent you have in any manner violated or threatened to violate everMix’s intellectual property rights, everMix may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to evermix.com. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
everMix, LLC
15 Tichenor Place
Montclair, NJ 07042
973.744.1032