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Terms of Use

Effective and Last updated June 3, 2026

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The following terms of use (the "Agreement") contain the terms and conditions applicable to you and your access to and use of this website, AsEver.com, including the mobile version and any successor site(s), regardless of how accessed (collectively, the "Store"). The Store is hosted by Shopify, on behalf of As Ever Enterprises, LLC and/or one or more Affiliates (collectively with As Ever Enterprises, LLC, "As ever Entities"). "Affiliates" includes entities under control of one or more of the persons or entities that owns or controls As Ever Enterprises, LLC. When used herein, the terms "we," "us" or "our" refers to As ever Entities .

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THE WEBSITE OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. As ever Entities may revise this Agreement by updating this post at any time. You are bound by any such revisions and should therefore periodically revisit this page.

This document comprises the entire agreement between As ever Entities and authorized user ("user" or "you"), superseding any prior agreements between you and As ever Entities with respect to its subject matter. Our principal address is 8383 Wilshire Blvd #1000, Beverly Hills, CA 90211.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

You represent and warrant that you are at least the age of majority in your jurisdiction (18 or 21 depending on your jurisdiction), and that you have the legal capacity to enter into this agreement.

We are committed to making the Store accessible for all users and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Policy for more information. If you have difficulty accessing any content, feature, or functionality of the Store, please Contact Us.

Ecommerce

The Store may allow you to purchase products directly on it. If you are able to purchase products on the Store, the provisions of this Agreement apply.

Orders

We may make improvements and/or changes in products or services described on the Store, add new features, or terminate the Store at any time without notice. We also: (i) reserve the right to change the goods and services advertised or offered for sale through the Store, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (ii) cannot guarantee that goods or services advertised or offered for sale through the Store will be available when ordered or thereafter; (iii) reserve the right to limit quantities sold or made available for sale; (iv) do not warrant that information through the Store (including without limitation product descriptions, colors, or photographs) is accurate, complete, reliable, current, or error-free; and (v) reserve the right to modify, cancel, terminate, or not process orders (including accepted orders) where the price or other material information on the Store is inaccurate, where we have insufficient quantities to fulfill an order, or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated (or if the Store has a non-US domain), products sold on the Store are intended for end use in the United States and are not labeled or intended for international distribution.

Taxes

If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase, you may Contact Us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

Payment Processing

We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.

We are not liable for any lost shipments when USPS is selected as the shipping method.

Promo Codes and Discounts

We may create or advertise promo codes, discounts, coupon codes, and offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers. Only consumers can use promo codes. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Store.

Free Items and Gifts with Purchase

Promotions including free items, sometimes referred to as gifts with purchase, are available for a limited time only and offered while supplies last. No rainchecks will be provided for out-of-stock free items. There is a limit of one (1) free item per transaction.

Safer Choice

Certain products on our Sites may be marked as “Safer Choice.” The Environmental Protection Agency’s (“EPA”) Safer Choice recognition does not constitute endorsement by the EPA or the As ever Entities of this product. The Safer Choice label signifies that the formula for this product, as As ever Entities has represented it to the EPA, contains ingredients with more positive health and environmental characteristics than conventional products. The EPA/Safer Choice relies solely on As ever Entities’s integrity and good faith for information on the composition, ingredients, and attributes of its products.

EPA/Safer Choice has not independently identified, i.e., via chemical analysis, the ingredients in the product formula, nor evaluated any of As ever Entities’ non-ingredient claims. EPA/Safer Choice provides its evaluation only as to the environmental and human health characteristics of the product, based on currently available information and scientific understanding.

Rebates

We may offer rebates on certain products. Rebates require you to provide us with certain information after your purchase in order to receive money back. Unless otherwise indicated, in connection with your rebate you must provide us with:

  • Your name
  • Your contact information
  • The original sales receipt
  • The UPC code, if applicable
  • The rebate slip or form

We encourage you to make copies of all the information above, as well as evidence that the information was sent to us and when. We must receive this information within thirty (30) days of your date of purchase. Rebates will typically be returned to you approximately twelve (12) weeks later.

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of the As ever Entities. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with  As ever Entities or purchasing items made available on the Store by As ever Entities on behalf of As ever Entities. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with As ever Entities or to purchase products made available on the Store. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by As ever Entities. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

You are granted a limited, non-exclusive right to create text hyperlinks to the Store for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking website or service does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a website’s root directory, we grant to the operators of public search engines permission to use spiders to copy content from the Store for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such content, but not caches or archives of such content, or for any machine-learning or training data purposes. We may revoke these permissions at any time.

Trademarks

All trademarks, service marks and trade names used on or in connection with the Store are owned by As ever Entities or site operator Shopify, or used with permission.

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.

If you believe that any content on the Store infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:

  • A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
  • The URL or other specific location on the Store that contains the alleged infringing material described above, with reasonably sufficient information to enable us to locate the alleged infringing material;
  • Your name, mailing address, telephone number and email address;
  • The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Designated Agent: Copyright Manager

Email: Copyright@AsEver.com

Address: 8383 Wilshire Boulevard, Suite 1000, Beverly Hills, CA 90211

Phone: (310) 356-9560

To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.

We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
  2. Your name, mailing address, telephone number and email address;
  3. The following statement: “I consent to the jurisdiction of [insert one of the following: (1) “the Federal District Court in which my mailing address is located”, or (2) if you reside outside of the United States, “the United States District Court for the Central District of California;”
  4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent;”
  5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” and
  6. Your signature, in physical or electronic form.

Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Further, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Store.

Text Message Program Terms

BY PARTICIPATING IN A TEXT MESSAGE PROGRAM, YOU ARE AGREEING TO THE LIMITATION OF LIABILITY PROVISION OF THIS AGREEMENT, AS WELL AS THE REST OF THE TERMS HEREIN.

We may offer you mobile alerts regarding promotional events and discounts, new product releases, cart reminders, special offers, loyalty program alerts, and order alerts by SMS message (each a “Text Message Program”). By participating in a Text Message Program, you acknowledge your personal information is subject to our Privacy Policy.

Enrollment in a Text Message Program requires you to provide your mobile phone number and to agree to this Agreement. You may not enroll if you are under eighteen (18) years old (or the applicable age of majority in your home state) or if you do not agree to the terms of this Agreement. We reserve the right to stop offering the Text Message Program and/or terminate your participation in a Text Message Program at any time with or without notice.

By opting into a Text Message Program, you:

  • Authorize us to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
  • Acknowledge that you do not have to consent to receive text message advertisements as a condition of purchasing goods or services.
  • Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt into a Text Message Program.
  • Consent to the use of an electronic record to document your opt-in.

While you consent to receive messages sent using automated technology, this Agreement shall not be interpreted to suggest or imply that we send any or all of our text messages using an automatic telephone dialing system (or other automated technology, as defined under applicable laws).

Message frequency may vary, and you may receive alerts about (i) marketing, offers, and coupon programs; (ii) promotional events or discounts and new product releases; (iii) cart reminders; (iv) informational services or alerts; (v) order tracking and delivery alerts; (vi) loyalty program alerts; and (vii) on-demand text message reply services.

You may opt out of receiving text messages from us at any time by texting “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” to any of the text messages you have received from us. For a Text Message Program operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a text request to clarify the Text Message Program to which it applies (if you have subscribed to more than one). To complete your opt-out, please provide the requested clarification.

You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” keyword commands and agree that we and our service providers will have no liability for failing to honor such texts that do not contain such keyword commands. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from a Text Message Program list, is not a reasonable means of opting out.

If you unsubscribe from one of our Text Message Programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs. This Agreement will still apply if you withdraw the consent mentioned above or opt out of a Text Message Program.

If you need assistance at any time, or you forget what keywords are supported, text “HELP” to the number sending the text message you received.

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) as a result of using a Text Message Program. A Text Message Program may not be available on all wireless carriers. We may add or remove any wireless carrier from a Text Message Program at any time without notice. We and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

Text Message Programs are offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with a Text Message Program.

If you change, forfeit, or deactivate the phone number you provided to us for a Text Message Program, you agree to notify us immediately of such change or to unsubscribe from the Text Message Program prior to changing, forfeiting, or deactivating the phone number. Failure to do so constitutes a material breach of this Agreement. To notify us or find out more information on our text message marketing programs, contact us at the contact information provided in our Privacy Policy. Our Privacy Policy applies to text message marketing programs.

Typographical Errors

In the event that a product offered on the Store is mistakenly listed at an incorrect price, As ever Entities reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. As ever Entities reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, As ever Entities shall issue a credit to your credit card account in the amount of the incorrect price.

Notice

As ever Entities may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to As ever Entities.

Use of Site

While using the site, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the site for any fraudulent or unlawful purpose, and you may not take any action to interfere with the site or any other party’s use of the site.

In addition, we expect users of the site to respect the rights and dignity of others. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a As ever Entities or other licensed employee, host, or representative, as well as other users or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Additionally, you may not do any of the following without our consent:

  • Post to or transmit through the Store any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
  • Violate, or attempt to violate, the security of the site;
  • Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the site;
  • Build a competitive product or service using the site, build a product or service using similar ideas, features, functions, or graphics as the site or determine whether the site, in whole or in part, is within the scope of any patent;
  • Interfere in any manner with the operation or hosting of the site or monitor the availability, performance, or functionality of the site;
  • Use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods, directly or indirectly, on the site or to collect any information from the site or any other user of the site; or
  • Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the site.

User Content and Participation Disclaimer

You are responsible for any information, text, reviews, posts, images, videos, sound recordings, messages, profile information, or other materials or content that you post on the Store, upload to us, or transmit through the Store (“User Content”). You agree, represent, and warrant that any User Content you post on the Store or transmit through the Store is truthful, accurate, not misleading, and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post, or otherwise make available on or through the Store any User Content protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such right(s). If you are uploading a receipt, you represent and warrant that you have the right to upload the receipt and understand that receipts may contain information about your transaction. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. As ever Entities does not and cannot review all communications and materials posted to or created by users accessing the Store, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User Content on the Store, As ever Entities is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, As ever Entities reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to As ever Entities in its sole discretion. Notwithstanding anything to the contrary contained herein, no provision of this Agreement shall apply to waive your right to make any statement regarding any of the As ever Entities or its employees or agents, or concerning the As ever Entities’ goods or services.

UNLESS OTHERWISE STATED, PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. Unless otherwise stated, by sending any ideas, concepts, know-how, proposals, techniques, suggestions, or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose; (ii) such User Content will be deemed not to be confidential or proprietary; (iii) we may have something similar already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.

User Content License: By submitting User Content to us directly or indirectly (including through any use of third-party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a worldwide, royalty-free, perpetual, sublicensable, transferable, irrevocable, and unrestricted right and license: (i) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit, and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (ii) to incorporate such User Content in other works in any form, media, product, service, or technology now known or hereafter developed for any purpose, including sale, manufacture, or advertising (and to exercise all intellectual property rights associated with such products or other works); and (iii) to use your name, screen name, location, photograph, avatar, image, voice, likeness, and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Store a non-exclusive license to access your User Content through the Store, and to tag, rate, review, comment on, use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Store and under this Agreement. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “Contact Us” forms, product order pages, job application portals, or other forms that are intended to be confidential will be handled in accordance with our Privacy Notice and will not be publicly disclosed, except as described in our Privacy Notice or otherwise approved by you.

We may host message boards, user-generated content, promotions, reviews, blogs, games, and other interactive features or services through which users can post or upload User Content or otherwise interact with the Store or something on it (each, a “Forum”). We do not endorse User Content posted in Forums, cannot guarantee the accuracy or authenticity of such User Content, and are acting only as a passive conduit for such User Content. User Content may include suggestions for uses of our products that have not been evaluated or approved by us; we do not recommend such uses. You should never use our products in any manner other than as is described on its packaging. WE RESERVE THE RIGHT TO REMOVE ANY FORUM CONTENT, OF ANY VARIETY, AT ANY TIME FOR ANY REASON.

Forums are Public: You acknowledge and agree that interactions with other users may be public spaces and that your participation in such interactions creates no expectation of privacy. You further acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (i) evaluate User Content before allowing it to be posted on the Store or any Forum; (ii) monitor User Content and Forums or any difference of opinion, disagreement, or dispute between you and other users; (iii) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (iv) disclose any User Content, and the circumstances surrounding its transmission, to any third-party in order to operate the Store, to protect us, our Store visitors or others, to comply with legal obligations or governmental requests, to enforce this Agreement, or for any other reason or purpose we deem appropriate. If you see User Content on the Store that you believe violates this Agreement, please Contact Us.

You shall be solely responsible for, and we shall have no liability for, your interactions with other users, or for any user’s action or inaction. You understand that our staff, outside contributors, or other users connected with us may participate in these interactions or other aspects of the Store and may employ anonymous usernames when doing so. Any user failing to comply with this Agreement may be suspended from and refused continued access to such interactions in the future. However, we are not responsible for User Content that you or others choose to communicate in these interactions, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE ON OR THROUGH THE STORE, YOU DO SO AT YOUR OWN RISK.

Sharing Content: The Store may also allow you to make recommendations or send content to others, for example through an “email this” feature that will send content to the email address you provide. Only provide contact information for individuals who have told you they want to receive the content. By providing someone’s contact information, you represent and warrant that they have confirmed to you that they want to receive the content.

Account

Certain areas of the Store may allow you to create an account. We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) (i) that is already being used by someone else; (ii) that may be construed as impersonating another person; (iii) that belongs to another person; (iv) that violates the intellectual property or other rights of any person; or (v) that is offensive. You may only have one active account at any given time, and you may not allow other people to use your account to access the Store. It is your responsibility to maintain the confidentiality of your login credentials and your account, and we expect you to accurately maintain and update any information about yourself that you have provided to us. Additionally, you are responsible for any and all activities that occur under your account, including all transactions and other activities undertaken. You agree to sign out from your account at the end of each session if you are using a device that is shared with other people.

You agree to notify us of any unauthorized use of your account username, log-in ID, password, or any other breach of security that you become aware of involving or relating to the Store by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Store and your account, including without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

Descriptions, Testimonials, and Opinions

The Store may contain expert opinions. Information on the Store identified as expert opinion, or accessed from the Store by a hyperlink, represents the opinions of those respective experts, which are not necessarily those of the As ever Entities. Certain aspects of the Store may also make statements related to supplements or similar products. Those statements should not be taken as medical advice or statements about a supplement’s effectiveness or suitability for treatment of a medical condition. You should always consult a qualified physician for matters related to your health, and a qualified veterinarian for matters related to the health of your pets.

The Store may contain blogs with information about how to use a product or statements about a product’s effectiveness. Some of these statements are not written by us and do not represent our opinion. Other statements may be written by us but are not a representation or warranty about a product and should not be relied upon as such.

Similarly, the Store may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of the same.

The Store may allow you to leave product reviews, opinions, or testimonials, all of which is User Content. If you leave a review on another website, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content.

Descriptions and graphic representations of products on our Store are for informational purposes only and may not completely reflect the current product or its packaging. We reserve the right to change product descriptions at any time, and we are not responsible for variations between a product description and the actual product being provided. Technological issues, such as your device settings, may alter how a product appears on the Store.

WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY REVIEW, TESTIMONIAL, DESCRIPTION, OR OPINION POSTED ON ANY SITE OR PLATFORM TO THE MAXIMUM EXTENT ALLOWED BY LAW AND ARE NOT LIABLE FOR INACCURATE, FALSE, WRONG, OR MISLEADING OPINIONS PRESENTED ON THE SITE OR STORE TO THE MAXIMUM EXTENT ALLOWED BY LAW. CLAIMS CONTAINED IN REVIEWS, TESTIMONIALS, BLOGS, DESCRIPTIONS, OR OPINIONS HAVE NOT BEEN SUBSTANTIATED SCIENTIFICALLY OR BY THE FOOD AND DRUG ADMINISTRATION. YOU UNDERSTAND THAT THE STORE DOES NOT PROVIDE MEDICAL ADVICE, MAKE CLAIMS ABOUT DRUG EFFECTIVENESS, OR DETAIL TREATMENTS FOR SPECIFIC ILLNESSES OR AILMENTS.

Third-Party Links and Content

In an attempt to provide increased value to our visitors, As ever Entities may link to sites operated by third parties. However, even if the third party is affiliated with As ever Entities, As ever Entities has no control over these linked sites, all of which have separate privacy and data collection practices, independent of As ever Entities. These linked sites are only for your convenience and therefore you access them at your own risk. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites, services, platforms, or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked website, platform, or service is authorized to use any of our trademarks, logos, or copyright symbols. Nonetheless, As ever Entities seeks to protect the integrity of the Store and the links placed upon it and therefore requests any feedback on not only its own site but for all sites it links to as well (including if a specific link does not work).

We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, X (formerly Twitter), YouTube, TikTok, Pinterest, Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on the Store, but rather a website operated by a third party. All comments, visuals, and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values, or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, PLATFORMS, SITES, SERVICES, AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, PLATFORMS, AND RESOURCES.

Any information, statements, opinions, or other information provided by third parties and made available on the Store are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement, or other third-party content on the Store.

Updates to the Store

We reserve the right to enhance, upgrade, improve, modify, or discontinue features of our Store as we deem appropriate and in our discretion. We will not materially reduce the core functionality or discontinue the Store unless we provide you with prior written notice. We may offer additional functionality to our standard site or premium feature improvements for an additional cost.

Updates to this Agreement

We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes, such as by posting a banner on our Store indicating that the terms have changed or by sending an email to you. However, please check the “Last Updated“ legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of the Store and related sites. Your continued use of the Store will signify your continued agreement to this Agreement as revised.

Other Terms, Conditions, and Policies

This Agreement applies exclusively to your access to, and use of, the Store and does not alter in any way the terms or conditions of any other agreement you may have with us for products or otherwise. Additional terms, conditions, and/or policies may apply to use of specific portions of the Store, related sites, and to the purchase of certain merchandise and are included as part of this Agreement, whether they reference this Agreement or not.

Other types of agreements and policies that you may be subject to include, but are not limited to:

  • Policies for retailers, distributors, and other vendors
  • Contest and sweepstake rules
  • Conditional guarantees
  • Rebate Rules
  • Privacy policies
  • Minimum advertised price policies
  • Employment agreements

Other policies and agreements, such as our Privacy Notice, are typically found by navigating the sites, typically by checking website headers and footers and by reviewing hyperlinked terms at the point of sale.

Any sweepstakes, contests, coupons, or other promotions made available through the Store may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission, and/or entry are valid; you agree to read and abide by the applicable rules.

We have also adopted a Privacy Notice that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Notice.

Should we employ you, none of the materials provided on the Store constitute or should be considered part of an employment contract or an offer for employment.

Termination

This Agreement and your access to the Store are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on the Store, including in your account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any account information or other Store credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Store or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected from liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.

The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Upon any such termination, (i) you must destroy all content obtained from the Store and all copies thereof; (ii) you will immediately cease all use of and access to the Store; (iii) we may delete or disable access to any of your User Content at any time; and (iv) we may delete your account at any time. You agree that if your use of the Store is terminated pursuant to this Agreement, you will not attempt to use the Store under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Store after termination will be a violation of this Section, which survives any termination.

Even after the termination of this Agreement, your account, access to the Store, or any User Content you have posted or submitted may remain on the Store indefinitely.

Children

The Store is not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under eighteen (18) years of age. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO ACCESS AND USE THE STORE. If you are under the age of majority in your local jurisdiction, which is eighteen (18) years in most jurisdictions, you may not establish an account, and you should use the Store only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, the Store or aspects of the sites, as well as promotions, programs, and commerce we may offer on the Store, may be explicitly limited to people over the age of majority. If you are not old enough to access the Store or certain sections or features of the Store, you should not attempt to do so.

Pursuant to 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Warranty Disclaimer

This Store, sites and the materials and products on this site are provided “as is” and on an “as available” basis and without warranties of any kind, whether express or implied.

TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. The As ever Entities do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The As ever Entities do not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitation may not apply to you. As ever Entities reserves the right to restrict or terminate your access to this website or any feature of this website or part thereof at any time.

Limitation of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS, AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE STORE, CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.

RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the As ever Entities and all of their respective officers, directors, employees, agents, licensors, suppliers, and Releasees from and against all actual or alleged claims, losses, expenses, damages, suits, actions, judgments, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

When you use the Store or send communications to us through the Store, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Store. We may communicate with you by email or by posting notices on the Store. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating an account, or otherwise providing us with your email address, postal address, or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Notice.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.

Assignment

We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

Government End Users

Products or services provided under this Agreement are designed and intended for use by non-government entities and individuals. Use by or on behalf of a Government End User as defined under 15 C.F.R. § 772.1 is strictly prohibited and requires prior written authorization from us. If authorization is granted by us, the authorized Government End user must abide by applicable regulations, including but not limited to regulations in 48 C.F.R. Chapter 1 and 41 C.F.R. §§ 60-1.4(a), 60-300.5(a), and 60-741.5(a).

Disputes, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.

Agreement to Arbitrate

Except as may be otherwise described herein, any dispute, claim, or controversy arising out of or relating to this Agreement, other agreements on the Store, or the Privacy Notice, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be referred to and finally determined by arbitration in a tribunal that consists of a sole arbitrator and in accordance with JAMS International Arbitration Rules or submitted to small claims court. The location of the hearing shall occur in Los Angeles, California, whether submitted to arbitration or small claims court. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having appropriate jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Reasonable discovery will be allowed during arbitration in accordance with these rules. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. The JAMS Rules are available at www.jamsadr.com or by emailing JAMS at globalteam@jamsadr.com.

No Class Actions

EXCEPT FOR COORDINATED CLAIMS (AS DEFINED BELOW) AND AS LIMITED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND WE ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, except for Coordinated Claims (defined below), unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your or our claims respectively, and may not otherwise preside over any form of a representative or class proceeding.

If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and shall be severed from the remainder of this Agreement.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Seeking Arbitration

If you believe you have a dispute with us, prior to initiating arbitration or filing a claim in small claims court, you must first call our customer service representatives by contacting us and present your claim or dispute to allow us the opportunity to resolve the claim or dispute. Similarly, if we believe we have a dispute with you, our customer service representatives will first contact you in an attempt to resolve the dispute. If the dispute cannot be resolved by customer service and either you or we intend to seek arbitration, the party wishing to initiate arbitration must send to the other party a written notice of the claim (“Notice”). Your Notice to us must be delivered by certified mail and addressed to: As Ever Enterprises, LLC 8383 Wilshire Blvd Suite 1000, Beverly Hills, CA 90211. If we initiate arbitration, we will send a written Notice to an email address or other contact information you have previously provided to us, if available. We may also use any other means to contact you, including a message in your account. A Notice, whether sent by you or by us, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. Except in the event of a Coordinated Claim (as defined below), if you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 (or equivalent in your local jurisdiction’s currency at time of filing) or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing

If your claim is for US$10,000 (or equivalent in your local jurisdiction’s currency at time of filing) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000 (or equivalent in your local jurisdiction’s currency at time of filing), the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator's decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Award

In the event arbitration awards you damages of an amount at least US$100 greater than our last documented settlement offer, we will pay your awarded damages or US$2,500, whichever is greater.

Coordinated Proceedings

If twenty-five (25) or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding and governed by JAMS Mass Arbitration Rules. If there is a conflict by the JAMS Mass Arbitration Rules and this Agreement, then the JAMS Mass Arbitration Rules shall prevail.

Counsel for the individuals and counsel for As ever Entities shall each select five (5) cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten (10) have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five (5) cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against the As ever Entities. Individuals bringing Coordinated Claims shall be responsible for up to US$250 (or equivalent in your local jurisdiction’s currency at time of filing) of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.

Injunctive Relief

Notwithstanding the foregoing and if applicable in your jurisdiction, you and we both agree that you or we may sue in court of jurisdiction to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality

The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Governing Law and Rules

This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Delaware, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect, or consequential damages, damages for lost profits, or other equivalent damages that may be present in your local jurisdiction. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

Severance of Arbitration Agreement

If the clauses concerning and describing the procedures and obligations related to the agreement to arbitrate disputes, Coordinated Claims, and Test Case procedures is or becomes invalid or unenforceable due to applicable law, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying, or otherwise describing the arbitration agreement shall be severed from this Agreement. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.

Terms for Users in Certain Geographic Locations

New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) Disclaimer of Warranty; (ii) Limitation of Liability; (iii) Indemnity; and (iv) under the Disputes, Arbitration, and Class Action Waiver section and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.

California Residents

Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 951-5210.

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code § 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using our Store and related sites, you agree that these California Civil Code § 1542 protections no longer apply to you.

International Users

Each claim or statement about the effectiveness of our products or comparing the effectiveness of our products is expressly limited to the United States, unless otherwise disclosed. The products referred to on the Store may only be available in the territory to which the Store is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON THE STORE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THE STORE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE STORE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE STORE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. If you choose to access the Store, you do so on your own initiative and at your own risk, and you are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation, any United States embargoes or other federal rules and regulations restricting exports.

Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND WE RESERVE THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit the Store’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.

Contact Us

If you have questions about this Agreement, or if you have technical questions about the operation of the Store, please contact us by notifying us at: Info@AsEver.com

If you have any questions or comments about our company or have other customer service needs, please contact our customer service representatives using the information above.