Terms and Conditions & Privacy Policy

EVERWELLE MARINE

Terms and Conditions

Website terms for visitors, inquiries, and general information about Everwelle offerings

Effective date: [CONFIRM LAUNCH DATE]

Website: [CONFIRM DOMAIN]

Business: Everwelle Marine [CONFIRM FULL LEGAL ENTITY NAME AND DBA]

INTERNAL PRE-LAUNCH REVIEW - REMOVE BEFORE PUBLISHING

This draft is a practical starting point, not legal advice. Confirm every bracketed item, align the language with actual operations and vendor settings, and have qualified counsel review the final policies before launch.

Items Everwelle must confirm

Full legal entity name, business address, customer-service email, and telephone number.
Governing state and county, and whether disputes will use courts, mediation, or arbitration.
Turnkey deposit amount or percentage; when it becomes due; whether it is refundable, transferable, or credited; and what happens after cancellation or delay.
Pricing, taxes, accepted payment methods, financing references, chargeback handling, and remaining payment milestones.
Frame and kit order, cancellation, return, shipping, inspection, damage-claim, replacement-part, and warranty rules.
Turnkey warranty, change-order, acceptance, delivery, title, registration, insurance, transport, commissioning, and owner-training terms.
Whether testimonials, reviews, user photos, deposits, branded merchandise, or an online store will be available at launch.

IMPORTANT CONTRACT DISTINCTION

These website terms govern use of the website. A paid frame, kit, partial build, or turnkey project must be governed by a separate written proposal, invoice, purchase agreement, or build contract. If those documents conflict with these terms, the signed transaction document should control for that purchase.

1. Acceptance of These Terms

These Terms and Conditions ("Terms") govern your access to and use of the Everwelle Marine website, its content, inquiry forms, email sign-ups, and other website features (collectively, the "Site"). By accessing or using the Site, you agree to these Terms and the Privacy Policy. If you do not agree, do not use the Site.

You must be at least 18 years old and legally able to enter into a binding agreement to use any feature involving an inquiry, deposit, order, or purchase.

2. About Everwelle and the Site

Everwelle Marine offers information about custom houseboats, frames, kits, shell or partial builds, turnkey builds, custom enhancements, and related products or services. The Site is intended to introduce the Everwelle concept and facilitate conversations with prospective customers.

Website content is general information only. It is not a binding offer, engineering specification, construction document, warranty, delivery commitment, or representation that a particular product, feature, configuration, price, production slot, or completion date is available.

3. Build Paths, Capacity, and Availability

Turnkey builds. Everwelle currently anticipates accepting only a limited number of turnkey projects, generally approximately three to five per year. This figure is an estimate, not a promise or guaranteed annual capacity. Availability depends on production schedules, design scope, materials, suppliers, weather, testing, transport, customer decisions, and other operational factors.

Frames and kits. Everwelle does not currently plan a fixed annual cap for frame and kit orders. Orders remain subject to production capacity, component and material availability, shipping constraints, final specifications, payment, and acceptance by Everwelle. References to broad or unlimited availability do not guarantee immediate acceptance, inventory, or a particular delivery date.

Submitting an inquiry, joining a mailing list, requesting a quote, attending an event, or discussing a project does not reserve inventory or a production position.

4. Quotes, Specifications, and Separate Purchase Agreements

All descriptions, renderings, photographs, floor plans, dimensions, weights, capacities, performance information, finishes, equipment, and pricing shown on the Site are illustrative and may change. Images may include concepts, optional enhancements, prototypes, digitally created scenes, or features not included in a standard offering.

A purchase is accepted only when Everwelle and the customer complete the documents and payment steps specified by Everwelle. The final scope, specifications, inclusions, exclusions, price, taxes, freight, delivery location, estimated schedule, warranty, and other transaction terms will be stated in a separate written agreement.

5. Turnkey Deposits and Production Slots

A deposit is required for every turnkey Everwelle project. Unless Everwelle expressly agrees otherwise in writing, a turnkey production slot is not reserved until the applicable proposal or purchase agreement has been signed, the required deposit has cleared, and Everwelle has issued written confirmation of acceptance and scheduling.

The amount or percentage of the deposit, whether and when it is refundable or transferable, how it is credited, the consequences of cancellation, and the remaining payment schedule will be disclosed in the applicable written proposal or purchase agreement before payment. [CONFIRM THESE TERMS BEFORE ACCEPTING ANY DEPOSIT.]

An estimated production position or completion window may change as permitted by the applicable agreement. Website statements about annual capacity do not create a right to a slot or priority over another customer.

6. Prices, Taxes, and Payment

Unless expressly stated otherwise, website prices are estimates, may change without notice, and may exclude options, customization, design or engineering work, taxes, duties, permits, insurance, title and registration costs, storage, launch, transport, delivery, marina fees, commissioning, and other third-party charges.

Payment terms, accepted methods, milestone payments, late-payment consequences, and any payment-processing fees will be stated in the applicable transaction documents. Charges must be expressly authorized. Everwelle does not offer recurring billing unless it is separately and clearly disclosed and authorized.

7. Changes, Cancellations, Returns, and Refunds

Custom and made-to-order products may not be cancelable or returnable after specified design, procurement, fabrication, or production milestones. No website statement creates a cancellation, return, or refund right.

The controlling rules for deposits, cancellations, change orders, returns, refunds, restocking, replacements, and customer-caused delays will appear in the applicable purchase agreement, invoice, or written order policy. Any legally required rights remain unaffected.

8. Timelines, Delivery, and Delays

Any schedule, lead time, production window, shipping date, delivery date, or event appearance is an estimate unless a signed agreement expressly states otherwise. Delays may result from design changes, customer approvals, material shortages, supplier performance, transportation, inspections, testing, permitting, weather, force majeure events, or circumstances beyond Everwelle's reasonable control.

Delivery, freight, risk of loss, inspection, acceptance, damage claims, launch, commissioning, and storage will be governed by the applicable transaction documents.

9. Customer Responsibilities

Customers are responsible for independently confirming that the contemplated Everwelle, frame, kit, build, equipment, and intended use are lawful, safe, insurable, financeable, and suitable for the destination and waterway. This includes marina or mooring availability, access, utilities, water depth, bridge and transport clearances, local rules, permits, registration, title, insurance, taxes, environmental requirements, navigation rules, occupancy restrictions, and any professional design or installation services.

Unless expressly included in a signed agreement, Everwelle does not provide legal, tax, financial, insurance, marina, zoning, permitting, navigation, or professional engineering advice.

10. Safety and Proper Use

Houseboats, construction projects, electrical systems, propulsion systems, fuel, batteries, solar equipment, heating appliances, water systems, tools, launching, and navigation involve serious risks. Follow all manuals, warnings, laws, professional instructions, maintenance requirements, capacity limits, and safety practices.

Do not rely on Site content as a substitute for trained operators, licensed contractors, qualified marine professionals, code officials, or emergency guidance.

11. Intellectual Property

The Site and its text, graphics, photographs, videos, renderings, plans, drawings, logos, trademarks, trade dress, designs, downloads, and other content are owned by or licensed to Everwelle and are protected by applicable intellectual-property laws.

Everwelle grants you a limited, revocable, nonexclusive, nontransferable right to access the Site for personal, noncommercial evaluation of Everwelle offerings. You may not copy, modify, reproduce, distribute, publish, scrape, train an artificial-intelligence system on, reverse engineer, create derivative works from, or commercially exploit Site content without prior written permission, except as allowed by law.

12. Information You Submit

You agree that information submitted through the Site will be accurate and that you have the right to provide it. Do not submit confidential design ideas, proprietary plans, sensitive financial information, health information, government identification numbers, account credentials, or payment-card details through a general inquiry form.

Unless Everwelle agrees otherwise in writing, an inquiry or unsolicited idea does not create a confidential, fiduciary, partnership, agency, or professional relationship. Personal information is handled as described in the Privacy Policy.

13. Prohibited Uses

You may not use the Site to violate law or another person's rights; submit malicious code; interfere with Site security or operation; impersonate another person; collect information without authorization; make fraudulent inquiries or payments; or use automated means to access the Site in a manner that burdens or damages it.

14. Third-Party Services and Links

The Site may link to or rely on third-party services, including website hosting, forms, analytics, maps, social media, video, email, payment processing, scheduling, or other providers. Everwelle does not control and is not responsible for third-party content, availability, security, or practices. Your use of a third-party service may be governed by its own terms and privacy policy.

15. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." EVERWELLE DISCLAIMS ALL WARRANTIES REGARDING THE SITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

These disclaimers apply to the Site only. Product or workmanship warranties, if any, will be stated in the applicable signed purchase agreement or warranty document.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERWELLE AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF USE, OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERWELLE'S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SITE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID, IF ANY, SPECIFICALLY TO ACCESS THE SITE DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain exclusions or limitations, so portions of this section may not apply to you.

17. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Everwelle and its owners, officers, employees, contractors, and service providers from claims, losses, liabilities, damages, judgments, costs, and expenses, including reasonable attorneys' fees, arising from your unlawful use of the Site, your violation of these Terms, or your infringement of another person's rights.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of [CONFIRM STATE], without regard to conflict-of-law principles. Subject to any enforceable dispute process in a separate signed agreement, disputes relating solely to the Site will be brought in the state or federal courts located in [CONFIRM COUNTY AND STATE], and each party consents to those courts' jurisdiction and venue.

[CONFIRM WITH COUNSEL WHETHER TO USE INFORMAL RESOLUTION, MEDIATION, ARBITRATION, A CLASS-ACTION WAIVER, OR A JURY-TRIAL WAIVER. DO NOT ADD THOSE PROVISIONS WITHOUT JURISDICTION-SPECIFIC REVIEW.]

19. Changes to the Site or These Terms

Everwelle may modify or discontinue Site features and may update these Terms. The updated Terms will be posted with a revised effective date. Changes apply prospectively unless law permits otherwise. Continued use of the Site after an update means you accept the revised Terms.

20. General Terms

If a provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in effect. A failure to enforce a provision is not a waiver. You may not assign your rights under these Terms without Everwelle's written consent. Section headings are for convenience only.

21. Contact

Questions about these Terms may be sent to:

Everwelle Marine [CONFIRM LEGAL ENTITY]
[CONFIRM MAILING ADDRESS]
Email: [CONFIRM LEGAL OR CUSTOMER-SERVICE EMAIL]
Phone: [CONFIRM PHONE NUMBER]

EVERWELLE MARINE

How Everwelle Marine collects, uses, discloses, and protects personal information

Effective date: [CONFIRM LAUNCH DATE]

Website: [CONFIRM DOMAIN]

Business: Everwelle Marine [CONFIRM FULL LEGAL ENTITY NAME AND DBA]

INTERNAL PRE-LAUNCH REVIEW - REMOVE BEFORE PUBLISHING

Items Everwelle must confirm

Full legal entity name, mailing address, privacy email, and telephone number.
Exact Wix features and all connected providers: forms, CRM, hosting, analytics, pixels, maps, video, scheduling, chat, payment processing, spam prevention, and email marketing.
Whether nonessential analytics or advertising cookies are used and whether a consent banner or preference center is required.
Whether Everwelle sells personal information, shares it for cross-context behavioral advertising, or uses targeted advertising. Remove the bracketed alternative that is not accurate.
Actual retention periods for inquiries, newsletter records, quotes, contracts, transaction records, warranty records, and website analytics.
States and countries where Everwelle will market or sell, and whether any state privacy law, GDPR/UK GDPR, or Canadian privacy law applies.
Whether customers can create accounts, purchase merchandise, pay deposits online, upload content, or submit payment information through the website.
Whether photographs, testimonials, event registrations, text messaging, or call recording will be used.

DATA-MINIMIZATION RECOMMENDATION

At launch, require only first name and email on the general contact form. Keep phone number, imagined location, interests, and message optional. Do not request payment-card details, government identifiers, financial records, or other sensitive information through a general inquiry form.

1. Scope

This Privacy Policy explains how Everwelle Marine [CONFIRM FULL LEGAL ENTITY NAME AND DBA] ("Everwelle," "we," "us," or "our") collects, uses, discloses, and protects personal information when you visit [CONFIRM DOMAIN], submit an inquiry, join our mailing list, communicate with us, attend an event, request a quote, or otherwise interact with our website and related online services (collectively, the "Services").

This Policy does not govern information handled under a separate customer, employment, contractor, or vendor agreement to the extent that agreement provides a different notice. Third-party websites and services have their own privacy practices.

2. Personal Information We Collect

2.1 Information You Provide

Depending on how you interact with us, we may collect:

Contact information, such as your first and last name, email address, telephone number, mailing address, and preferred contact method.
Inquiry information, such as the build path or features that interest you, where you imagine using an Everwelle, your questions, desired timing, and other details you choose to share.
Marketing preferences, newsletter sign-up status, event interests, and unsubscribe records.
Transaction and project information, such as quote requests, selected options, proposals, contracts, deposits, payment status, shipping or delivery details, warranty communications, and customer-service history.
Content you provide, such as messages, photographs, testimonials, reviews, survey answers, or event registrations.
Payment information, if online payments are enabled. Payment-card and bank details should be collected and processed directly by the selected payment provider rather than stored by Everwelle, except for limited transaction records such as payment status, amount, date, and processor reference. [CONFIRM PAYMENT FLOW.]

2.2 Information Collected Automatically

When you use the Services, we and our service providers may automatically collect information such as:

IP address, browser type, device type, operating system, language, approximate location derived from IP address, and device or advertising identifiers.
Pages viewed, links clicked, referring and exit pages, dates and times, session duration, interactions with forms, and general website usage.
Cookie, pixel, local-storage, log-file, and similar technology information.
Diagnostic, security, fraud-prevention, and error information.

2.3 Information From Other Sources

We may receive information from service providers and business partners, such as Wix or another website platform, analytics providers, email and customer-relationship-management tools, social-media platforms, event organizers, payment processors, shipping providers, or referral sources. We may combine this information with information collected directly from you, as permitted by law.

3. How We Use Personal Information

We may use personal information to:

Operate, maintain, secure, troubleshoot, and improve the Services.
Respond to inquiries and provide information about houseboats, frames, kits, partial builds, turnkey projects, custom enhancements, pricing, availability, events, and other offerings.
Prepare proposals, administer deposits and purchases, coordinate design and production, arrange shipping or delivery, provide customer service, and maintain transaction and warranty records.
Personalize communications and understand which offerings or website content are of interest.
Send newsletters, build updates, event announcements, and other marketing where permitted by law and consistent with your choices.
Analyze website performance, audience engagement, and marketing effectiveness.
Detect, investigate, and prevent fraud, abuse, security incidents, and unlawful activity.
Comply with law, enforce agreements, establish or defend legal claims, and protect Everwelle, customers, visitors, and others.
Carry out another purpose disclosed when information is collected or with your consent.

4. Cookies and Similar Technologies

We and our service providers may use cookies and similar technologies for the following categories:

Essential technologies needed for security, network management, forms, preferences, and core website functions.
Analytics technologies that help us understand traffic and improve the website.
Functional technologies that support embedded video, maps, social features, chat, scheduling, or other enhanced functionality.
Advertising technologies, if enabled, that measure campaigns or personalize advertising across websites or services. [CONFIRM WHETHER THIS CATEGORY APPLIES.]

You may be able to manage nonessential technologies through a cookie banner or preference center and through browser settings. Blocking technologies may affect website functionality. [CONFIRM AND CONFIGURE WIX COOKIE SETTINGS AND ALL CONNECTED TOOLS BEFORE PUBLICATION.]

5. How We Disclose Personal Information

We may disclose personal information to:

Service providers that support website hosting, forms, customer relationship management, email, analytics, payments, fraud prevention, security, storage, professional services, shipping, delivery, and customer support.
Vendors, fabricators, installers, shippers, marinas, event partners, or other project participants when reasonably necessary to respond to your request or perform an agreement.
Professional advisers, including attorneys, accountants, insurers, and auditors.
Government authorities, courts, law enforcement, or other parties when required by law or reasonably necessary to protect rights, safety, property, or the integrity of the Services.
A buyer, investor, lender, successor, or adviser in connection with a proposed or completed merger, financing, acquisition, reorganization, sale of assets, or similar business transaction.
Other parties at your direction, with your consent, or as otherwise disclosed when information is collected.

We do not disclose personal information merely because a visitor submits an inquiry. However, a project may require sharing relevant information with selected providers and partners to prepare a quote or perform contracted work.

6. Sale, Sharing, and Targeted Advertising

SELECT ONE ACCURATE VERSION BEFORE PUBLICATION

Option A, if accurate: "Everwelle does not sell personal information for money and does not share personal information for cross-context behavioral advertising or targeted advertising." Option B, if advertising pixels or similar tools are used: replace this section with a disclosure of the categories involved, applicable opt-out rights, a "Do Not Sell or Share My Personal Information" mechanism where required, and recognition of required browser-based opt-out signals. Counsel should confirm whether Everwelle meets any applicable statutory thresholds.

7. Email and Other Marketing Choices

You may unsubscribe from marketing emails by using the unsubscribe link in the message or contacting us. We may still send nonmarketing communications about an inquiry, quote, transaction, safety matter, or legal notice. Marketing emails should accurately identify the sender, use nondeceptive subject lines, include a valid postal address, and provide a working opt-out method.

If Everwelle uses text-message marketing, a separate, clear consent and opt-out disclosure should be implemented before collecting telephone numbers for that purpose. [CONFIRM WHETHER SMS MARKETING WILL BE USED.]

8. Data Retention

We retain personal information for as long as reasonably necessary for the purposes described in this Policy, including to respond to inquiries, administer projects and warranties, maintain business and tax records, comply with law, resolve disputes, enforce agreements, and protect security. Retention depends on the type of information, the relationship, legal requirements, and operational need.

[CONFIRM AND INSERT PRACTICAL RETENTION PERIODS. Suggested starting framework for counsel review: inactive general inquiries - 24 months; marketing subscription and suppression records - while subscribed plus the period needed to honor opt-outs; unsuccessful quotes - 3 years; contracts, payments, tax, and transaction records - 7 years or the legally required period; warranty and product records - useful life of the product plus the applicable limitations period; analytics - use the shortest practical vendor setting.]

9. Data Security

We use reasonable administrative, technical, and physical safeguards designed to protect personal information. No website, storage system, or transmission method is completely secure, and we cannot guarantee absolute security. You should not send sensitive financial, identification, health, credential, or payment-card information through a general inquiry form.

10. Your Choices and Privacy Rights

Depending on where you live and subject to applicable exceptions, you may have rights to request access to, correction of, deletion of, or a copy of certain personal information; to opt out of certain sales, sharing, targeted advertising, or profiling; to limit certain uses of sensitive personal information; or to appeal a denied request.

To make a request, contact us using the information below and describe your request. We may need to verify your identity and authority. You may use an authorized agent where permitted by law. We will not unlawfully discriminate against you for exercising a privacy right.

[CONFIRM WHICH STATE PRIVACY LAWS APPLY BASED ON REVENUE, data volume, advertising practices, customer locations, and other statutory thresholds. If Everwelle is not subject to a particular law, avoid representing that every statutory right applies, but consider honoring reasonable access, correction, and deletion requests voluntarily.]

11. Children's Privacy

The Services are intended for adults and are not directed to children under 13. We do not knowingly collect personal information from children under 13. If you believe a child has provided personal information, contact us so we can review and delete it as appropriate.

12. Third-Party Websites and Services

The Services may contain links to or integrations with third-party websites, videos, maps, social networks, payment providers, scheduling tools, event platforms, and other services. Their privacy practices are governed by their own notices. Review those notices before providing information.

13. International Visitors

Everwelle is based in the United States. If you access the Services from another country, your information may be transferred to and processed in the United States or other countries where our providers operate. [CONFIRM WHETHER EVERWELLE WILL ACTIVELY MARKET TO OR ACCEPT CUSTOMERS FROM THE EEA, UNITED KINGDOM, CANADA, OR OTHER JURISDICTIONS REQUIRING ADDITIONAL DISCLOSURES OR TRANSFER MECHANISMS.]

14. Changes to This Policy

We may update this Privacy Policy to reflect changes in our practices, technology, providers, offerings, or legal obligations. We will post the updated version with a revised effective date and provide additional notice when required by law.

15. Contact Us

Questions or privacy requests may be sent to:

Everwelle Marine [CONFIRM LEGAL ENTITY]
Attn: Privacy
[CONFIRM MAILING ADDRESS]
Email: [CONFIRM PRIVACY EMAIL]
Phone: [CONFIRM PHONE NUMBER]