Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. 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.
All references contained on this website to “Everclear” are references to Everclear Chemical Solutions, Inc.
Merchandise Return Policy
Everclear Satisfaction Guarantee:
Everclear has an unlimited satisfaction guarantee. If for any reason you are not completely satisfied with your Everclear purchase, we will replace, refund or exchange your product. (Note exceptions below) If you have questions, please call or email for clarification before shipping items back. We do not issue refunds for the initial shipping charges on returned orders, but will provide an equal credit off shipping of a future order.
To return items:
To return an item for a refund, please package it in its original packaging and return the item within 30 days. You are responsible for the cost of shipping the item back to us, and we recommend using a shipping method with tracking for your return. Items must be received in re-sellable condition.
PLEASE RETURN TO THE ADDRESS BELOW AND INCLUDE YOUR INVOICE.
We do our best to refund your credit card within 48 hours of receipt. After that, your bank may take between 2 and 10 days to credit your card.
Return of defective items: If an item is broken or defective, we will replace or exchange your product free of charge. We must be notified of any shipping damages within 3 days of delivery. Please contact us immediately at 1-413-561-0708 for any shipping related damages.
Please note that abuses to the exchange policy, such as abnormal wear and tear, are subject to our discretion.
Please return all items to one of our warehouses:
Everclear Chemical Solutions, Inc.
800 W 17th Street, Cheyenne, WY 82001
50 Buckley Blvd, Chicopee, MA 01020
NOTE: PLEASE INCLUDE YOUR INVOICE IN YOUR RETURN SHIPMENT TO EXPEDITE YOUR REFUND
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 Everclear Chemical Solutions, Inc. RIGHTS RESERVED. Many product images and content on this site are also copyrighted by Everclear and subject to copyright claims.
Use of any images and content must be approved, in writing, by Everclear. We will not grant permission for any images and content, that is not our original property, and will direct any requests to the copyright holder.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Everclear or purchasing Everclear products. 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 Everclear or to purchase Everclear products. Any other use, including but not limited to there production, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by Everclear. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Notice and Procedures for Making Claims of Copyright or Other Intellectual Property Infringements: Everclear respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Everclear does make use of original images and product descriptions to ensure we provide the most accurate representation of the products possible. If however you believe we are using your photography and content without permission, Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to:
Everclear Chemical Solutions, Inc.
800 W 17th Street,
Cheyenne, WY 82001
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
• Identification of the copyrighted work or another intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Site are covered by the notice, a representative list of such works;
• Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owners, its agent, or the law; and
• A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
All trademarks, service marks and trade names of Everclear used in the site are trademarks or registered trademarks of Everclear Chemical Solutions, Inc.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Everclear disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Everclear does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Everclear does 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 limitations may not apply to you.
Limitation of Liability
Everclear shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Everclear has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical and Pricing Errors
In the event that a Everclear product is mistakenly listed at an incorrect price, Everclear reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Everclear 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, Everclear shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Everclear without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination.
Everclear may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to Everclear.
Your use of this site shall be governed in all respects by the laws of the state of Wyoming, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Everclear products) shall be in the state or federal courts located in Laramie County, Wyoming. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Everclear products) must be commenced within one (1) year after the claim or cause of action arises. Everclear’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Everclear may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
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 Everclear, or other licensed employee, host, or representative, as well as other members 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.
Everclear does not and cannot review all communications and materials posted to or created by users accessing the site, 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-generated content on the site, Everclear 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, Everclear 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 rights of another or (d)offensive or otherwise unacceptable to Everclear in its sole discretion.
You agree to indemnify, defend, and hold harmless Everclear Chemical Solutions, Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages 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.
In an attempt to provide increased value to our visitors, Everclear may link to sites operated by third parties. However, even if the third party is affiliated with Everclear, Everclear has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Everclear. These linked sites are only for your convenience and therefore you access the material your own risk. Nonetheless, Everclear seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site but for sites, it links to as well (including if a specific link does not work).