Terms of service
Terms of Service
OVERVIEW
This website (the “Site”) is operated by EVERLINX (“EVERLINX,” “we,” “us,” or “our”). By accessing or using our Site, including all information, tools, and services available from this Site, you (“User,” “you,” or “your”) agree to comply with and be bound by these Terms of Service (“Terms”). These Terms govern your access to and use of our services, including purchases made through the Site.
Acceptance of Terms
Please read these Terms carefully before using our Site. If you do not agree to all the Terms, you must not access the Site or use any of our services. These Terms apply to all users of the Site, including, without limitation, browsers, vendors, customers, merchants, and contributors of content. By using our services, you represent that you are of legal age to form a binding contract or that you have given us your consent for any minor dependents to use this Site.
SECTION 1 - ONLINE STORE TERMS
By using our services, you affirm that you are at least the age of majority in your state or province of residence; or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You agree not to use our products for any illegal or unauthorized purpose and agree to comply with all applicable laws in your jurisdiction. You must not transmit any harmful code, worns, or viruses that could disrupt our Site or services.
A breach of these Terms may result in the immediate termination of your access to our services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You agree to provide accurate, current, and complete information for all purchases made at our store. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
You agree that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Our training and materials are intended for individual use only (not including the business kits), and you agree not to reproduce, share, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
The headings in this agreement are for convenience only and do not limit or affect the Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
While we strive to provide accurate and up-to-date information, we are not responsible if information on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon without consulting primary sources, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.
We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We may modify or discontinue the service (or any part or content thereof) without notice at any time. We will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuances of the service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to our refund policy. We strive to display product colors and images accurately, but we cannot guarantee that your computer monitor will reflect these accurately.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You agree that will NOT reverse engineer or reproduce any EVERLINX product or service, including but not limited to, EVERARC™ Welder, EVERSHIELD Patent-Pending (APP #18527996), EVERARC Welding Stylus, Everbright Jewelry Cleaner, Everlinx Diamond Dremel, Starter Kits, Business Kits, EVERLINX subscriptions, EVERLINX Marketing Packages, EVERLINX Affiliate Program, etc.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or household. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If we change or cancel an order, we will attempt to notify you using the contact information provided.
You agree to provide accurate and complete account information and promptly update your account to reflect any changes. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We may also limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
For more details, please review our Refund Policy: Here.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools that we do not monitor or have any control over. You acknowledge that we provide access to these tools "as is" without any warranties of any kind. We will not have any liability whatsoever arising from or relating to your use of optional third-party tools. You are responsible for ensuring that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider(s).
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our service, content, and products may include materials from third parties, including links to third-party websites. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
You should carefully review the terms and policies of any third-party website before engaging in any transaction. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, or other materials, you agree that we may use these without any restriction. Including editing, copying, publishing, distributing, translating, and otherwise using in any medium any submissions that you forward to us and /or the platform. We are under no obligation to maintain any comments in confidence or to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, proprietary, or other personal rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy, which can be viewed here. By using our Site, you consent to the collection and use of your personal information in accordance with this policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our Site or in the service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, and availability. We reserve the right to correct any errors or inaccuracies and to change or update information at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions outlined in these Terms, you are prohibited from using the Site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations;
(d) to infringe upon or violate our intellectual property rights or the rights of others;
(e) to harass, abuse, or harm any person;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code;
(h) to collect or track personal information of others;
(i) to spam, phish, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the service. We reserve the right to terminate your use of the service for violating any of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. The service and all products delivered to you through the service are provided "as is" and "as available" without any representations or warranties of any kind either express or implied, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall EVERLINX, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless EVERLINX, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations.
EVERLINX reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EVERLINX in asserting any available defenses.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
---
SECTION 16- TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. The terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services or when you cease using our Site. If in our sole judgment you fail to comply with any term or provision of these Terms, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - CLASS ACTION WAIVER
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and LINKED Permanent Jewelry Training agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
SECTION 18- LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LINKED PERMANENT JEWELRY TRAINING LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
SECTION 19- MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive your right to bring any legal claims, now or in the future, arising out of or related to the website and our products/services. In the event of any dispute, claim, or controversy arising out of or relating to your use of this website, the terms and conditions shall be construed in accordance with the rules and regulations of the state of Utah and the United States.
You agree to consent and submit to the jurisdiction of the state and federal courts located in Utah without regard to the principles of conflict of law or where the parties are located at the time a dispute arises. You agree to resolve any disputes or claims first through mandatory arbitration in the state of Utah and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.
SECTION 20 - INTELLECTUAL PROPERTY
All content on this website including but not limited to services, products, EVERARC™ Welder, EVERSHIELD Patent-Pending (APP #18527996), EVERARC Welding Stylus, Everbright Jewelry Cleaner, Everlinx Diamond Dremel, Starter Kits, Business Kits, EVERLINX subscriptions, EVERLINX Marketing Packages, EVERLINX Affiliate Program, videos, audio, applications, text, posts, logos, marks, graphics, files, materials, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark, and other intellectual property and unfair competition laws, with the exception of any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferable, informational, and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent, or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
SECTION 21 - USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or information that you upload, display, post, transmit, send, email, or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us. You grant us and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or other proprietary rights of any Content or information that you provide to us.
You agree not to upload, display, post, transmit, distribute, send, email, or submit to us on the website or on any of our social media sites any information or Content that is:
(a) illegal, violates, or infringes upon the rights of others,
(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
(d) distribute material including but not limited to spyware, computer viruses, any kind of malicious computer software, or any other harmful information that is actionable by law,
(e) any attempts to gain unauthorized access to any portion or feature of the website, and
(f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions.
SECTION 22- LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary, or any other damages resulting from your use of this website including but not limited to all the content, information, products, services, and graphics presented here. You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us shall not be liable to you for any damages resulting from:
1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer viruses, hacking of information, and any other system failures;
2) any loss of income, use, data, revenue, profits, business, or any goodwill related to the website;
3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and
4) any use or misuse of the information, products, and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort, or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
If you have any questions regarding these Terms, please contact us at:
EVERLINX
Email: everlinxjewelry@gmail.com
Address: 5909 W Wendy CV, Hurricane, UT 84737
Phone: (385) 382-8206
SECTION 25 - RELEASE OF LIABILITY
You agree that EVERLINX, its owners, and affiliates shall not be held liable for any injuries incurred while using any products or services provided by EVERLINX, including but not limited to the process of creating Permanent Jewelry. By participating, you acknowledge and accept these risks.
SECTION 26 - TRAINING AGREEMENT
Any customer who purchases the " EVERLINX Starter Kit" or any future or past training kits from EVERLINX agree to the following at the time of purchase.
EVERLINX training is proprietary and intended for those who have purchased the " EVERLINX Starter Kit”, or any future or past kits or trainings offered by EVERLINX. By agreeing with these terms you are agreeing that you will not copy or share the information or materials provided within any course offered by EVERLINX with any other individuals or companies outside of yourself. Additionally, you agree that you will in no way utilize the materials within this course to duplicate in a manner that may be in direct competition with EVERLINX and the services provided.
By purchasing any training materials or kits from EVERLINX, you agree not to share, reproduce, or distribute the materials provided in any form. You further agree not to use these materials for competitive purposes, including but not limited to creating derivative works or using them in any business capacity that competes with EVERLINX. Any violations may lead to legal action, including but not limited to injunctive relief. In the event of a breach of this agreement, you agree to pay liquidated damages in the amount of $10,000.00, which both parties acknowledge as a reasonable estimate of the damages incurred by EVERLINX due to such breach. This amount is not a penalty but a pre-determined measure of compensation.
SECTION 27 - COMPETITOR RESTRICTION
You agree not to use our training materials, services, or products, to create, reverse engineer, copy, promote, or sell any competing products or services, directly or indirectly. EVERLINX products and services, include but are not limited to, EVERARC™ Welder, EVERSHIELD Patent-Pending (APP #18527996), EVERARC Welding Stylus, Everbright Jewelry Cleaner, EVERLINX Diamond Dremel, Starter Kits, Business Kits, EVERLINX subscriptions, EVERLINX Marketing Packages, EVERLINX Affiliate Program. You acknowledge that any breach of this section may result in immediate termination of services and legal action against you, including claims for damages and loss of business reputation. In the event of a breach of this agreement, you agree to pay liquidated damages in the amount of $10,000.00, which both parties recognize as a reasonable estimate of the damages incurred by EVERLINX due to such breach. This sum is intended to compensate EVERLINX for the potential loss of business and is not to be construed as a penalty.
SECTION 28 - ANTI-COMPETITION AND ENFORCEMENT
You acknowledge that any unauthorized access to EVERLINX’s materials or products for the purpose of relabeling, reverse-engineering, or otherwise mimicking EVERLINX’s business constitutes a serious violation of these Terms. You shall not engage in any activities that directly compete with the Services offered on this website, including the development, manufacturing, or sale of similar products or services.
Products and services you expressly agree not to reverse engineer or reproduce include but are limited to, EVERARC™ Welder, EVERSHIELD Patent-Pending (APP #18527996), EVERARC Welding Stylus, Everbright Jewelry Cleaner, Everlinx Diamond Dremel, Starter Kits, Business Kits, EVERLINX subscriptions, EVERLINX Marketing Packages, EVERLINX Affiliate Program, any future EVERLINX products and services, etc. In the event that EVERLINX has reasonable grounds to believe that you, or any entity associated with you, are engaged in such activities, EVERLINX reserves the right to take immediate legal action. This includes seeking injunctive relief, damages, and any other legal remedies available under applicable law. Additionally, you agree to pay liquidated damages in the amount of $10,000.00 for each violation, which both parties agree represents a reasonable estimate of the damages incurred by EVERLINX as a result of such conduct. You further agree to indemnify EVERLINX for any costs associated with enforcing this provision, including but not limited to attorney’s fees and court costs.
SECTION 29 – NON-REVERSE ENGINEERING
You acknowledge that the proprietary technology, content, and functionalities of this website are confidential and valuable. Users agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, or structure of any proprietary materials on this website. Products and services you expressly agree not to reverse engineer or reproduce include but are limited to, EVERARC™ Welder, EVERSHIELD Patent-Pending (APP #18527996), EVERARC Welding Stylus, Everbright Jewelry Cleaner, Everlinx Diamond Dremel, Starter Kits, Business Kits, EVERLINX subscriptions, EVERLINX Marketing Packages, EVERLINX Affiliate Program, any future EVERLINX products and services, etc.
SECTION 30 – CONFIDENTIALITY
You shall treat all proprietary information obtained from EVERLINX products, services, or website as strictly confidential and shall not disclose it to any third parties without prior written consent from the website operator. This includes, but is not limited to, data, designs, products, services, and other proprietary content.