Terms of Service

Last Revised: May 1, 2023

Ever Preservation Terms of Service

Welcome to https://www.everpreservation.co/ (the “Website”). This Website is owned and operated by Ever Preservation LLC, a Texas limited liability company (“Ever Preservation”, “us”, “we” or “our”). By visiting our Website and by using any of our services, products or by using or otherwise transacting with us (collectively, the “Services”) you hereby understand and agree to accept and abide by the following terms of service (“Terms”).

We reserve the right to change these Terms at any time without notice, provided that we will update the date revised in the event we modify the Terms. You acknowledge and agree that it is your responsibility to review the Terms periodically to become aware of any modifications.

Your Information

In order to access some of our Services, you may be required to provide certain information about yourself (such as contact details, addresses, identification and payment information). For example, you may provide your credit card information to pay for Services. You agree the accurateness of such information is solely your responsibility. Our use of your information is governed by our Privacy Policy linked on our Website.

Modification to Services and Prices

Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue any Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, change in availability, suspension or discontinuance of Services.

Preservation Boxes

Ever Preservation provides Preservation Boxes and Kits (“Preservation Boxes”) for purchase. The applicable price for an Preservation Box, the specifications of Preservation Box, what is included, add-ons and delivery options shall be set forth on the Website at the time of purchase. All users who may purchase an Preservation Box should review the details and description of the Preservation Box linked on our Website at the time of purchase. All details, specifications, information and availability with respect to the Preservation Boxes are subject to change without notice, provided that such changes shall be reflected on our Website.

Frequently Asked Questions

All Users are encouraged to review our Frequently Asked Questions linked on our Website.

Acknowledgement and Agreement: Preservation Box

  • Prior to purchasing a Preservation Box, you acknowledge and agree as follows:
    The delivery address you provide in the order form for the Preservation Box (the “Order Form”)is the address where the completed preservation will be sent, even if such address is different from the address entered at checkout.

  • You have reviewed the list of Repairs & Replacements options on the Order Form and acknowledge that, if your dress requires a repair which is not listed in the Repairs & Replacements section, such service will not be provided by us.

  •  You have reviewed and understand the Care Instructions linked on the Website.

  •  All dresses displayed in the Preservation Box are hung on an acrylic hanger (included) inside the box. Strapless gowns will have semi-permanent straps added that are easily removable for future use. Our tailors will source the color and material to best match your dress.

  • The Preservation Box does not display accessories. All accessories sent will be cleaned and packaged separately and sent back with the completed preservation.

  • While the Preservation Box fits most bridal gowns, crinoline and/or tulle from the bottom under layers of the dress (1-2 layers on average, but ultimately in the amount needed as determined by Ever Preservation in its sole discretion) may need to be removed to fit inside the box.

  • The Preservation Box fits most bridal gowns, however, it does not fit ball gowns or dresses with excessive layers and is not recommended for dresses with a sheer bodice. Please review box dimensions before checkout. If your gown does not fit or if excessive layers of tulle and/or crinoline need to be removed such that it affects the overall construction and/or aesthetic of the gown, Ever Preservation will contact you immediately and either (i) send back your gown or (ii) place the gown in a traditional preservation box and refund the difference in pricing as determined by Ever Preservation.

  • All orders include $2500.00 insured shipping to and from our facilities. Additional protection options are available at checkout. Ever Preservation does not insure or cover any sentimental value.

  • The Preservation Box should only be opened upon receiving the preserved dress if the dress has fallen off the rod or hanger during shipment. Follow all Care Instructions (linked on the Website) when opening the box in such an event and use the white lint free gloves provided when handling.

Limited Warranty for Preservation Box

So long as you follow the Care Instructions, Ever Preservation warrants that, for a period of thirty (30) days from the date a Preservation Box is shipped to you, the Preservation Box will be free from material defects in material and workmanship as of the date of shipment. In the event the Preservation Box does not meet such standards, you must notify Ever Preservation within thirty (30) days of receipt of the Preservation Box. In such an event, Ever Preservation will replace the Preservation Box at no additional cost to you once Ever Preservation has received the nonconforming Preservation Box returned by you at Ever Preservation's’ expense and confirmed such non-conformant. In no event will a refund be given by Ever Preservation to you.

DISCLAIMER
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, EVER PRESERVATION MAKES NO WARRANTY WITH RESPECT TO ITS SERVICES OR PRODUCTS (INCLUDING THE EVER PRESERVATION BOX) INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE EVER PRESERVATION BOX HAS NOT ENDURED LONG-TERM TESTING TO DETERMINE HOW IT PRESERVES A DRESS OVER TIME. IN NO EVENT SHALL EVER PRESERVATION BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE EVER PRESERVATION BOX.

Preservation Box Handling and Storage Instructions

The Preservation Box must be handled with care so as not to disturb the preserved dress. Ever Preservation is not responsible for re-preservation fees due to the dress falling off the hanger or rod or because the Preservation Box was opened.

You agree to follow all handling and storage instructions provided by Ever Preservation, including the Care Instructions linked on the Website. The Preservation Box should not be taken out of its protective

packaging until you are ready to use it. The Preservation Box should never be stored in direct sunlight. Do not open the Preservation Box once preserved.

Preservation Box Shipping and Handling

Ever Preservation is not responsible for anything that may happen during the shipping and handling of the Preservation Box. Title and risk of loss pass to you upon our transfer of the Preservation Box to the applicable shipper. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Since shipping and handling is outside the control of Ever Preservation, you acknowledge and agree that the risk of loss is not placed on Ever Preservation. You acknowledge that a signature is required on the shipping label in order to receive the Preservation Box. If You are not available after three (3) attempts (or however many allowed by the current policies and procedures of the applicable shipper), you may either pick up from the shipper’s customer location for pick-ups (as directed and controlled by the applicable shipper) or pay for new shipping to resend the Preservation Box.

Replacing Your Preservation Box

For best results, Ever Preservation recommends that you replace the Preservation Box every five (5) years.

Order Acceptance And Cancellation

You agree that your order of a Preservation Box is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell such products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

NO REFUNDS

WE OFFER NO REFUNDS. ALL SALES ARE FINAL.

Technology Disclaimer.

We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our Website, its content, and any services or items obtained through the Website. However, in the event of a technological failure, while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third-party provider.

Intellectual Property Rights

To honor and protect our intellectual property, you agree not to reproduce or distribute this Website’s written content, techniques or methods to any third party without our prior written consent. You understand that our written and recorded content are protected by United States intellectual property laws.

The Website and its 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) 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.

Ever Preservation grants you a non-exclusive, non-transferable, limited right to access, use and display the Website and the materials thereon for your personal use only, provided that you comply fully with these Terms. You shall not interfere or attempt to interfere with the operation of the Website in any way

through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these Terms or any applicable law or regulation.

LIMITATION ON LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU ORDERED THROUGH OUR WEBSITE.

Force Majeure

We are not be liable or responsible for, nor be deemed to have defaulted under or breached these Terms, for any failure, interruption, adaptation in format or scheduling, or delay in fulfilling or performing any term of these Terms, when and to the extent such failure, interruption, adaptation in format or scheduling, or delay is caused by or results from the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) pandemic, (f) action by any governmental authority; (g) national or regional emergency; (h) travel restrictions, (i) shortage of adequate power or transportation facilities; and (j) other events beyond the reasonable control of us or our contributors. We shall use diligent efforts to end the failure, interruption, or delay and ensure the effects of such Force Majeure Event are minimized. We shall resume or reschedule the performance of its obligations as soon as reasonably practicable after the removal of the cause.

Indemnification

You agree to defend, indemnify, and hold harmless Ever Preservation, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to any use of the Website’s content, Services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

Dispute Resolution

All matters relating to the Website and these Term, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the City of Scottsdale and County of Maricopa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Ever Preservation’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERM OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver And Severability

No waiver by Ever Preservation of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Changes to Terms

We may modify these Terms from time to time. It is your responsibility to check this Website periodically for changes to these Terms. If we do change these Terms, the date at the top of this Website indicates when these Terms were last updated. Amendments to these Terms will take effect on the date on which we publish the amendments on this Website, and from then on will govern the relationship between you and us in respect of your use of this Website. Continued access will constitute agreement to the updated Terms.

Entire Agreement

These Terms represent the entire agreement between the parties with respect to the Website.

All Rights Reserved

All rights not expressly granted in these Terms are or expressly written here are reserved by us.

Your Comments And Concerns

If you have any questions about any portion of these Terms, please contact us at support@everpreservation.co