This website is operated by Daily Kind LLC d/b/a Evernest Baby ("we," "us," "our"). Throughout the site, the terms "we," "us," and "our" refer to Evernest Baby. Evernest Baby offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, or opting into SMS communications, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
Section 1 – Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content may be transferred unencrypted and may involve transmissions over various networks.
Section 3 – Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available 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 as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain historical information, which is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.
Section 4 – Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content of it) without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 – Products or Services
Certain products or services may be available exclusively online through the website. These may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We've made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your device's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction, on a case-by-case basis. We reserve the right to limit quantities of any products or services we offer. All descriptions of products or 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 a product or service made on this site is void where prohibited.
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.
Section 6 – SMS Marketing & Communications
If you consent to Evernest Baby's SMS marketing at checkout or through our subscription tools, you agree to receive recurring text notifications (including order updates and abandoned checkout reminders), text marketing offers, transactional texts (including requests for reviews), and other messages from us. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from text marketing messages and notifications, reply STOP to any message sent from us, or use the unsubscribe link provided in our messages. Alternative methods of opting out, such as using different words or requests, will not be considered a reasonable means of opting out.
We do not charge for this service, but you are responsible for any charges and fees your wireless provider imposes for text messaging. Message and data rates may apply.
For questions, you may text HELP to the number you received messages from, contact us through our website, or email us at hello@evernestbaby.com.
We reserve the right to modify any telephone number or short code we use to operate the service at any time; you will be notified of such changes. You agree that messages you send to a number or short code that has changed, including STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
We strive to respect SMS quiet hours but are not liable for any inconvenience or damages caused by messages sent outside preferred hours. Carriers are not responsible for delayed, failed, or undelivered messages. By opting in, you acknowledge that messages may be sent using autodialer technology, prerecorded messages, or artificial voices as permitted by applicable law.
Section 7 – Optional Tools
We may provide you with access to third-party tools that we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools "as is" and "as available," without warranties of any kind and without endorsement. We shall have no liability arising from your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should be familiar with and approve of the third-party provider's terms before using them.
We may, in the future, offer new services and/or features through the website, including new tools and resources. Such new features and/or services will also be subject to these Terms of Service.
Section 8 – Third-Party Links
Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability for any third-party materials, websites, products, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, or other transactions made in connection with third-party websites. Please review third-party policies carefully before engaging in any transaction with them. Complaints 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 certain submissions (for example, contest entries), or you send us creative ideas, suggestions, proposals, plans, or other materials without a request from us — whether online, by email, by post, or otherwise — you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us. We are under no obligation to keep any comments confidential, pay compensation for them, or respond to them.
We may, but have no obligation to, monitor, edit, or remove content we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right, and will not contain unlawful, abusive, or obscene material or any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of your comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Section 10 – Personal Information
Your submission of personal information through the store is governed by our Privacy 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, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you've submitted your order.
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law.
Section 12 – 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, or that results 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 or cancel it at any time, without notice. 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 it 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.
In no case shall Evernest Baby, 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.
Section 13 – Indemnification
You agree to indemnify, defend, and hold harmless Evernest Baby and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
Section 14 – Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
Section 15 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us.
Section 16 – Entire Agreement
These Terms of Service, and any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us.
Section 17 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York.
Section 18 – Contact Information
Questions about these Terms of Service should be sent to us at hello@evernestbaby.com.