TERMS & CONDITIONS

Welcome to the EVIL EYE SANCTUARY online store, www.evileyesanctuary.com, hereafter referred to as "Website." EVIL EYE SANCTUARY, hereafter referred to as E.E.S, offers contents and services on its Website, which are governed by the Terms and Conditions outlined in this document.  The user that accesses the Website through any computing device is hereafter referred to as the Visitor.

The Visitor agrees to have read, understand, and consent to be unconditionally bound by the Terms and Conditions provisions and the Privacy Policy outlined herein.

Privacy

We work with ad networks that may place anonymous cookies on your computing device every time you visit www.evileyesanctuary.com.  Cookies and other parallel technologies allow us to understand your interest through your online activities. This information will enable us to provide advertisements that align with your interest. You can opt-out of viewing targeted ads from most of the advertisement companies when you click here. Kindly note that opting out will not eliminate the ads. However, targeting technology will not be used in delivering ads. 

 

Purchase Related Policies

Website offers products, services, and other related items that are meant for personal use only. The products, services, and associated items purchased from Website or received from us may not be resold. The operators of E.E.S reserve the right, in our sole discretion, to cancel or reduce the number of orders that we believe may violate our Terms and Conditions.  The operators of E.E.S retain the right to cancel any order, for whatever reason, based on our sole discretion.  

Accuracy of Information

We do our possible best to present highly accurate information regarding products on the Website under the applicable laws. However, we cannot guarantee that product descriptions and other Website content are up-to-date, without error, complete, or reliable.

 

Intellectual Property

All content on the Website, including but not limited to audio clips, images, button icons, logos, graphics, and software, herein referred to as “Website Content,” are the property of E.E.S, partners, affiliates, or licensors.  The Content is under the protection of the U.S.A. and international copyright laws.

No Content or Trademarks on the Website may be used modified, accessed, resold, copied, duplicated, reproduced, or used wholly or partially in any capacity whatsoever without written content from E.E.S.  Such requests should be directed to our office address below:

Evil Eye Sanctuary

3811 Crestwood Dr

Northbrook, IL 60062

Tel: (312) 213-7772

 

Your Obligations and Responsibilities

All Visitors are under obligation to adhere to the Terms and Conditions, warnings, and other instructions for accessing the Website.  Your actions must be in alignment with the law, customs and shall be done in good faith. Visitors are forbidden to use Website with malicious intent to disrupt its services, damage content, compromise its security, or harass/scorn E.E.S as an entity, its products, services, or staff.

Visitors are forbidden to send unsolicited messages (spam) to Website or exploit the Website resources to send spam. Visitors must not use Website to store, distribute, or transmit items that:

  1. Violates any law or regulation,

  2. Infringes the trademark, trade secrets, patent, or copyright, or intellectual property rights  of others;

  3. Violates the personal or privacy rights of others.

  4. Are abusive, obscene, hateful, threatening, or libelous.

Your Account

Visitors can create an account on our Website. In such instances, you will need to supply an email/ username and password to create the account.  However, only adults that are at least 18 years are allowed to open an account on our Website.  The responsibility of keeping your account details (username and password) safe and securing your computing device lies in your hands. Therefore, you expressly agree to take full responsibility for all activities within your account.  You agree to supply accurate information in good faith while registering an account on our Website.

If you violate any of the provisions in our Terms and Conditions, we reserve the right to terminate your account without prior notice. We can also terminate an account without prior notice if we deem it necessary in our sole discretion that such action is in the best interest of E.E.S. The information you supplied while creating your account on our Website is also governed by our Privacy Policy. Click here to read our Privacy Policy 

 

The information you provide to E.E.S in connection with setting up your account is subject to our Privacy Policy. Please see our Privacy Policy and details regarding how we collect and use personal information on our Website.

 

Linking

E.E.S shall not be deemed responsible or liable for sites and resources to which our Website links or receives backlinks, including the content materials, products, and services contained in such sites or resources. While E.E.S may use backlinks to reference external materials when the need arises, such links should not be considered an endorsement by E.E.S, our partners, or any associated entities. Whenever you visit a site from a link on our Website, take the time to review the Privacy Policy on the site as the rules and policies may be different from that of E.E.S.  As we deem fit, we may request the removal of an external link to our Website, and such a link shall be removed without delay.

Submissions

We welcome unsolicited feedback, materials, inquiries, ideas, suggestions, and other information you may provide at your discretion. However, we shall regard such information as generic and non-confidential, that you have approved a nonexclusive, irrevocable, royalty-free, perpetual, transferable, and sublicensable right to use such information. As such, we may translate, create derivatives, assign, sell, publish, adapt, modify, reproduce, display, and publish such information in any media we deem fit.  Such information can be used exclusively, or as a part of another product at any time we deem fit.

You also understand and acknowledge that the information you submit on our Website is irretrievable. However, we may use such data, concepts, strategies, and ideas for any purpose we deem fit, including product design, manufacturing, distribution, and marketing.

 

Representations and Warranties; Limitation of Liability

We present, transmit, and distribute our website “AS IS,” without express or implied narratives or warranties, including but not limited to commercial viability, suitability for any specific purpose, noninfringement, in exception to the extent of such disclosure. However, such narratives and warranties are legally nonexcludable.

Except where legally forbidden, we do not assume responsibility for the correctness, suitability, accuracy, inaccessibility, malware, or any other defect on the website or its content.  Except where legally forbidden, E.E.S (including the company’s staff, directors, and agents), or third-party entities involved in creating the content or hosting shall not be held legally responsible for any consequential, incidental, direct, or indirect damages of any type (including loss of revenue) linked to our website irrespective of the action, be it in contract, tort, or any other media. 

Fraud Protection

We can exercise our right to decline the processing of a suspected fraudulent order or a transaction that may be unauthorized or resulting from illegal activity.  We may deny the order outright, or our customer service personnel may call you for additional confirmation in such a scenario.  We reserve the right to terminate accounts or stop shipment to specific addresses due to fraudulent or illegal account activities. We can exercise our right to cancel orders that use any promotional code as we deem fit. In case of order cancellation, the order amount will be credited to the payment medium in full. These procedures are in place to protect ourselves and customers from fraudulent or unauthorized transactions and illegal activities.  

Copyright Infringement
—Notice and Takedown Policy

E.E.S values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others.  If you believe that your copyrighted material has been infringed by any material contained on this Website, you may notify us in writing to remove the content as follows:

Address:

Evil Eye Sanctuary

3811 Crestwood Dr

Northbrook, IL 60062

Electronic Mail Address: info@evileyesanctuary.com

 

Your notice for content removal must follow the procedure described herein.

 

  • The individual with the exclusive right to the purported infringed content or an authorized person must sign the request physically or electronically.

  • The copyright content that is allegedly infringed should be outlined.

  • The material on our website that infringes the copyrighted material should be referenced such that it can be identified easily.

  • Contact information such as name, mail address, or email address that allows E.E.S to contact you.

  • A statement that your complaint was made in good faith, believing that the published content was not authorized by the law, the copyright owner, or a sanctioned agent.

  • A statement affirming that the complainant has been duly authorized by the exclusive right owner of the infringed content, and that the information presented is accurate and may result in perjury if found misleading.

 

U.S. Export Controls

Software used on this Website hereafter referred to as “Software” may be subjected to export control of the United States or other countries where the Visitor is located. The Software on this Website may not be downloaded or used in any manner that violates the export control laws of the United States or other countries.  The download and use of Software are entirely at your own risk.

 

Acquisition of Business

In a scenario where E.E.S or an affiliated entity got involved in a merger, reorganization, consolidation, restructuring, sale, liquidation, or a similar event that affects its business or asset, the user acknowledges and consents that the Website and all its digital assets, including Website data ( such as user formation in our custody,) rights and obligations of the Privacy Policy, shall be transferred to the acquirer or successor (in the event of bankruptcy) who may continue to use the personal information in alignment with the Privacy Policy. in such an event, the notification shall be posted on the website, user email, or other media as required by the law.

 

Disputes and Governing Law

All issues regarding Website usage and Terms of Use shall be governed by the laws of the State of Illinois in the USA; conflict of other law provisions shall be invalid. If it turned out that any part of the Terms and Conditions are unenforceable or invalidated by the law, or void by a valid court order of any jurisdiction for whatever reason, except its narrowed by construction, such section of the Terms and Condition shall be considered invalid or unenforceable for the purpose of such court ruling alone. The invalidation shall be construed as resulting from a high level of narrow construction so as not to completely invalidate or make such section unenforceable. In a scenario where such a section cannot be narrowly construed sufficiently, the sitting tribunal shall modify such section to make it enforceable within such jurisdiction. Thereafter, the revised section of the Terms and Condition shall remain application within such jurisdiction.

In any case, if any section of the Terms and Conditions are deemed as invalid or unenforceable for whatever reason in a jurisdiction, such section shall be regarded as invalid or unenforceable in such jurisdiction to the stipulated extent only, without invalidating other sections of the Terms and Conditions. Narrowly construed invalidation or modification of areas of the Terms and Conditions shall not undermine the validity or enforceability of such sections in other jurisdictions. In even that E.E.S waived a specific section of the Terms and Conditions; it shall not be considered a perpetual waiver of the section or other sections of the Terms and Conditions. If in specific scenarios, E.E.S decides not to enforce it's right or demand compliance, such leniency shall not be considered an abdication of such right or invalidation of such provisions in the Terms and Conditions.

  

 In exception of express prohibition by the law, by clicking on the acceptance button or visiting any section of this Website, you agree to the under-listed facts:

  1.  That disputes, actions, and consequences resulting from this Website's use shall be addressed and resolved separately, without resorting to a class action. Such disputes shall be subjected to a final and binding arbitration in Illinois and within 12 months from the event's date leading to the dispute. In case the conflict resulted from multiple causes, the effective date of the first cause of action shall be considered the valid date. Such arbitration shall be subjected to the regulations of the American Arbitration Association.

  2. The judgment of such arbitration award may be filed in any court within the jurisdiction. Arbitrations shall be pursued independently; it shall not be associated with any other action or arbitration.

Note that the arbitration process differs from court proceedings; it does not involve a jury, and review of the verdict is quite limited. However, the arbitrator can award damages just like a court does. You acknowledge that accepting these terms and conditions means that you are relinquishing your privilege of resolving any grievance with E.E.S in court.

Under the provisioning of the law, you are not permitted under any circumstances to receive an award for dispute or action associated with this Website or its content in any capacity. By visiting this website, you understand that you are relinquishing your rights to claim incidental, punitive, or consequential damages, including attorney’s fees, court charges, and all types of damages.

In any case, if events or actions are established to the contrary of these Terms and Conditions, your entitlement to claims, awards, and judgments to the fullest extent of the law shall be limited to direct costs incurred without the court of attorney fees.

In any case, if events or actions are established to the contrary of these Terms and Conditions, E.E.S may seek an injunction against you or any other party in any state court or federal court in the state of Illinois and/or any court we choose to file the case.  You hereby agree to the court's jurisdiction and venue in scenarios where E.E.S believes there is a violation or possible violation of its intellectual property rights,

 

SMS Privacy Policy

SMS SERVICE:

Our SMS services and their usage are governed by the terms outlined below. By using the SMS service, you agree to the terms and conditions outlined herein.

If you opt-in to receive SMS marketing messages from us through our website or via a phone message, such actions shall be treated as written consent to receive periodic promotional and marketing text messages from us.  We send text messages through an automated SMS messaging portal. The rate at which we sent text messages varies and may include information such as cart items reminder. We provide the option to opt-out of our text messaging list by simply replying to a message with the keyword “STOP.” For further assistance, respond to our text message with the keyword “HELP” or send an email to the address info@evileyesanctuary.com.

Apart from the notified charges, additional fees charged at the rate corresponding to your mobile carrier’s pricing plan may apply for our confirmation Text Message and other subsequent correspondence. You may study your mobile service provider’s pricing plan to know what they charge for data transactions and receipt of text messages. E.E.S or our affiliate and partners shall by no means assume responsibility for text messages or data charges incurred by you or a third-party that has access to your mobile device or phone number. Note that you may not receive text messages from us if your carrier does not permit text messages.

 

The delivery of text messages may be delayed, and in some cases, fail to deliver altogether due to various issues, including transmission from your mobile network operator. In such cases, neither E.E.S nor the mobile network carrier (such as Verizon) can be held liable for the incident. Our text message services are provided “AS IS” without any warranty whatsoever.  Out text messaging service database may obtain information such as mobile number, mobile service carrier, date, time, and message content. This data is usable in alignment with our Privacy Policy for purposes such as contacting you and providing the requested services.

In a scenario where you changed or deactivate the phone number indicated for our SMS service, you must update your account information and remove the phone number no longer in use. This action would prevent us from sending messages to the person that acquires your previous phone number. Your account's updated phone number would receive our standard marketing messages unless you opt-out of our Text Message through the procedure previously described.

After signing up for our text messages, we shall begin sending notifications, including promotional offers. Our messages may leverage the actions you took on our website to send personalized messages to you, including a reminder of items in your cart. Based on the preference you selected while voluntarily opting-in for our SMS notifications, we store your information and actions such as your phone number and when you’ve read a text message.   You can opt-out of our Text Messaging service by replying to any of our messages with the keyword “STOP.”

 

General

By visiting this Website, you are indicating that you willingly agree with the Terms and Conditions contained herein as well as the Privacy Policy. These documents serve as the exclusive agreement between E.E.S and any Visitor to our Website and supersede all previous communications, contracts, and proposals.

We have the right to change the provisions in the Terms and Conditions by posting the updated version of the document on our Website.  Changes in the Terms and condition takes effect immediately the updated version is posted on our Website. Therefore, we advise that you check the Terms and Conditions page periodically for the latest version. You will see the “last updated” information at the top of the page. By continuing to use our Website, you are deemed to have consented to all the stipulations in this document.