Terms and Conditions

1. Acceptance of Terms

By accessing and using The EverStart website (theeverstart.com), you accept and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our website.

We reserve the right to modify these terms at any time. Your continued use of our website following any changes constitutes acceptance of those changes. We recommend reviewing these terms periodically to stay informed of any updates.

2. Website Purpose and Product Information

The EverStart website serves as an informational resource about our batteries, jump starters, battery chargers, marine batteries, powersport batteries, and related automotive power accessories. We provide detailed product specifications, technical information, and guidance to help you understand our complete product lineup.

Product Availability and Purchasing

EverStart products featured on this website are available for purchase through our retail partner, Amazon.com. When you click product links or purchase buttons on our website, you will be directed to Amazon.com to complete your transaction.

All product purchases, transactions, shipping, returns, and customer service related to product orders are handled exclusively by Amazon.com. We do not process direct sales, maintain inventory, or handle order fulfillment through this website.

Product Information Accuracy

We strive to provide accurate and up-to-date information about EverStart batteries, chargers, jump starters, and accessories. However, product specifications, features, availability, and pricing may change without notice. We cannot guarantee that all information on our website is current, complete, or error-free.

Always verify product specifications, compatibility, pricing, and availability directly on Amazon.com before making a purchase decision. The information displayed on Amazon.com at the time of purchase supersedes any information presented on our website.

3. Affiliate Relationships and Disclosures

The EverStart website participates in the Amazon Associates Program, an affiliate advertising program. When you click links to Amazon.com from our website and make a purchase, we may earn an advertising commission at no additional cost to you.

These affiliate commissions help support the operation and maintenance of our website, allowing us to continue providing detailed product information and technical resources about EverStart power solutions.

Our affiliate relationship with Amazon does not influence the product information we provide. We feature genuine EverStart products available through authorized retail channels.

4. Intellectual Property Rights

All content on The EverStart website, including text, graphics, logos, images, product descriptions, technical specifications, and other materials, is owned by or licensed to EverStart and is protected by United States and international copyright laws.

Your Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. This license does not include the right to:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from any content on our website
• Use any content for commercial purposes without our express written permission
• Frame or utilize framing techniques to enclose any portion of our website
• Use any automated system, including robots, spiders, or scrapers to access our website
• Reverse engineer, decompile, or disassemble any portion of our website

Trademarks

EverStart, EverStart Maxx, EverStart Plus, EverStart Value, EverStart Platinum, and all related logos and product names are trademarks. All other trademarks, service marks, and trade names referenced on this website are the property of their respective owners. We are not affiliated with, endorsed by, or sponsored by any third-party brands mentioned on our website unless explicitly stated.

5. User Conduct and Prohibited Activities

You agree to use our website only for lawful purposes and in accordance with these Terms and Conditions. You specifically agree not to:

• Violate any applicable federal, state, local, or international law or regulation
• Transmit any material that is defamatory, obscene, threatening, harassing, or otherwise objectionable
• Impersonate or attempt to impersonate EverStart, an EverStart employee, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the website
• Attempt to gain unauthorized access to any portion of the website, other accounts, computer systems, or networks
• Interfere with or disrupt the website or servers or networks connected to the website
• Use the website in any manner that could disable, overburden, damage, or impair the website
• Use any automated means to access the website for any purpose without our express written permission

6. Third-Party Links and External Websites

Our website contains links to Amazon.com and potentially other third-party websites that are not owned or controlled by EverStart. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites.

When you click a link to leave our website, you do so at your own risk. We do not endorse or make any representations about third-party websites, their content, or the products or services they offer.

Amazon.com operates under its own terms of service, privacy policy, and return policy. Any transactions you conduct on Amazon.com are subject to Amazon’s policies, not ours. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites you visit.

7. Product Warranties and Returns

EverStart batteries, chargers, jump starters, and accessories purchased through Amazon.com are subject to the warranty terms provided by the manufacturer and Amazon’s return policy.

Warranty coverage, duration, and terms vary by product type. Specific warranty information is typically included with the product packaging or available on the product detail page on Amazon.com.

We do not process warranty claims, returns, exchanges, or refunds through this website. All warranty service, returns, and refund requests must be handled directly through Amazon.com according to their policies and procedures.

For questions about specific product warranties, coverage, or claims processes, please contact Amazon.com customer service or refer to the warranty documentation included with your EverStart product.

8. Disclaimers and Limitations of Liability

Website “As Is” Disclaimer

The EverStart website and all information, content, materials, products, and services included on or otherwise made available through this website are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied.

We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the website will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

Product Information Disclaimer

While we strive to provide accurate product information, we do not warrant that product descriptions, specifications, pricing, or other content on our website is accurate, complete, reliable, current, or error-free. Product specifications and features are subject to change by manufacturers without notice.

Limitation of Liability

To the fullest extent permitted by applicable law, EverStart and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the website
• Any conduct or content of any third party on the website
• Any content obtained from the website
• Unauthorized access, use, or alteration of your transmissions or content
• Product purchases made through Amazon.com or other third-party retailers
• Use or performance of EverStart products

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you paid to access this website (which is zero dollars).

Product Liability

We are not liable for any damages, injuries, or losses resulting from the use or misuse of EverStart products. Product safety, proper installation, correct application, and appropriate use are the responsibility of the end user.

Always follow manufacturer instructions, safety warnings, and technical specifications provided with EverStart batteries, chargers, jump starters, and accessories. Improper use, installation, or maintenance may result in equipment damage, personal injury, or void warranty coverage.

9. Indemnification

You agree to defend, indemnify, and hold harmless EverStart and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms and Conditions
• Your use of the website
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

10. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Illinois, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms and Conditions or your use of the website shall be resolved exclusively in the state or federal courts located in Illinois, and you consent to the personal jurisdiction of such courts.

11. Modifications to Website and Terms

We reserve the right to modify, suspend, or discontinue any aspect of our website at any time without notice. We also reserve the right to modify these Terms and Conditions at any time.

We will indicate the date of the most recent updates at the top of this page. Your continued use of the website after any modifications to these terms constitutes your acceptance of the modified terms.

If you do not agree with any modifications to these Terms and Conditions, your sole remedy is to discontinue using our website.

12. Severability

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

13. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and EverStart regarding your use of the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

14. No Waiver

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. Any waiver of any provision of these terms will be effective only if in writing and signed by an authorized representative of EverStart.

15. Assignment

You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without our prior written consent. We may assign or transfer these terms at our sole discretion without restriction. Subject to the foregoing, these terms will bind and inure to the benefit of the parties and their permitted successors and assigns.