Terms of Service
1. ACCPETANCE OF TERMS. Welcome to Everson Enterprises, Inc. Everson Enterprises, Inc. provides its service to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at http://www.eversoninc.com. In addition, when you particular Everson Enterprises, Inc. services, you and Everson Enterprises, Inc. shall by subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE. Everson Enterprises, Inc. currently provides user with access to various resources, including shopping services, personalized content and branded programming through its network of properties (the “Service”). You also understand and agree that the service may include certain communications from Everson Enterprises, Inc., such as service announcements, administrative messages and the Everson Enterprises, Inc. newsletter, and that these communications are considered part of Everson Enterprises, Inc. membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current service, including release of new Everson Enterprises, Inc. properties, shall be subject to the TOS. You understand and agree that the services provided “AS-IS” and that Everson Enterprises, Inc assumes no responsibility for the timeliness, deletion, mis-deliver or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service that access may involve third party fees (such as internet service provider or anytime charges.) You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the service.
3. YOU REGISRATION OBLIGATIONS. In consideration of your of the service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service’s registration form (such information being the “registration data”) and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Everson Enterprises, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Everson Enterprises, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).
4. EVERSON ENTERPRISES, INC. PRIVACY POLICY. Registration data and certain other information about you is subject to our privacy policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY. You will receive a password and account designation upon completing the service registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Everson Enterprises, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Everson Enterprises, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this section (5).
6. MEMBER CONDUCT. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted, are the sole responsibility of the person from which such content originated, this means that you, and not Everson Enterprises, Inc. are entirely responsible for all content that you upload, post, email, transmit, or otherwise make available view their Service. Everson Enterprises, Inc. does not control the content posed via the service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Everson Enterprises, Inc. be liable in any way for content, including, but not limited to, for any errors omissions in any content or for any loss or damage or any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service.
You agree to not use the service to:
A. Upload, post, email, transmit, or other make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive or another’s privacy, hateful or racially, ethnically or otherwise objectionable;
B. Harm minors in any way;
C. Impersonate any person or entity, including, but not limited to, any Everson Enterprises, Inc. official, forum leader, guide or host or falsely state or otherwise misrepresent you affiliation with a person or entity:
D. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
E. Upload, post, email, transmit, or otherwise make available any content that you don not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
F. Upload, post, email, transmit, or otherwise make available content that infringes any patent, trademark, trade, secret, copyright, or other proprietary rights (“rights”) of any patty;
G. Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramids schemes” or any other form of solicitation;
H. Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
I. Interfere with or disrupt the service or servers or networks connected to the service, or disobey an requirements, procedures, policies, or regulations of networks connected to the service;
J. Intentionally or unintentionally violate any applicable local, or international law;
K. “STALK” or other harass another; or
L. Collect or store personal data about other users.
You acknowledge that Everson Enterprises, Inc. does not pre-screen content but that Everson Enterprises, Inc and it designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the service. Without limiting the foregoing, Everson Enterprises, Inc. and it designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely of any content created by Everson Enterprises, Inc. or submitted to Everson Enterprises, Inc.
You acknowledge and agree that Everson Enterprises, Inc. may preserve content and may also disclose content is required to do so by aw or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce TOS; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the right, property, or personal safety of Everson Enterprises, Inc., its users and the public.
You understand that the technical processing and transmission of the service, including, your content, may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONTIONS FOR INTERNATIONAL USE. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVALIABLE FOR INCLUSION ON THE SERVICE. Everson Enterprises, Inc. does not claim ownership of content you submit or make available for inclusion of the service. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the service, you grant Everson Enterprises, Inc. the following worldwide, royalty free and nonexclusive license(s) as applicable;
With respect to content you submit or make available for inclusion on publicly accessible areas of Everson Enterprises, Inc., the license to use, distribute, reproduce, modify, adapt publicly perform and publicly display such content on the service solely for the purposes of providing an promoting Everson Enterprises, Inc. This license exists only for a long as you elect to continue to include such content on the service and will terminate at the time your remove Everson Enterprises, Inc. removes such content from the service.
With respect to photos, graphics, audio or video you make available for inclusion on publicity accessible area for the service other than Everson Enterprises, Inc., the license to use distribute, reproduce, modify, adapt, publicly perform and publicly display such content of the service solely for the purpose for which such content was submitted or made available. This license exists only for as long as you elect to continue to include such content of the service and will terminate at the time you remove or Everson Enterprise, Inc. removes such content from the service.
With respect to content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the service, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in a whole or in part) and to incorporate such content into other works in any format or medium now know or later developed.
“Publicly Accessible areas of the service are those areas of the Everson Enterprises, Inc. network of properties that are intended by Everson Enterprises, Inc. to be available to the general public.
9. INDEMNITY. You agree to indemnify and hold Everson Enterprises, Inc., and it subsidiaries, affiliates, officers, agents, co branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by third party due to or arising out of content you submit, post transmit, or make available through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.
10. NO RESLAE OF SERVICE. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the service, use of the service or access to the service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE. You acknowledge that Everson Enterprises, Inc. may establish general practices and limits concerning use of the service, including without limitations the maximum that will be allotted by Everson Enterprises, Inc. servers on your behalf, and the maximum number of time (and the maximum duration for which) you may access the service in a given period of time. You agree that Everson Enterprises, Inc. has no responsibility or liability for the deletion or failure to store any messages an other communications or other content maintained or transmitted by the service. You acknowledge that Everson Enterprises, Inc. reserves the right to lof off accounts that are inactive for an extended period of time. You further acknowledge that Everson Enterprises, Inc. reserves the right to change these practices and limits at any time in its sole discretion with or without notice.
12. MODIFICATIONS TO SERVICE. Everson Enterprises, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Everson Enterprises, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
13. TERMINATION. You agree that Everson Enterprises, Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use the service, and remove and discard any content within the service, for any reason, including, without limitation, for lack of use, or if Everson Enterprises, Inc. believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Everson Enterprises, Inc. may also in it sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Everson Enterprises, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the service. Further, you agree that Everson Enterprises, Inc. shall not be liable to you or any third-party for any termination of your access to the service.
14. DEALINGS WITH ADVERTISERS. Your correspondence or business dealing with, or participation in promotions, or advertisers, found on or through the service including payment and delivery of related goods or services, and other terms, conditions, warranties, or representations associated with such dealing, are solely between you and such advertisers. You agree that Everson Enterprises, Inc. shall not be responsible or liable for any loss or damage of any incurred as the result of any such dealing or as the result of the presence of such advertisers on the service.
15. LINKS. The service may provide or third parties may provide, links to other World Wide Web sites or resources. Because, Everson Enterprises, Inc. has no control over such sites and resources, you acknowledge and agree that Everson Enterprises, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and it not responsible or liable for any content, advertising, products, or other materials on or available form such sites or resources. You further acknowledge and agree that Everson Enterprises, Inc. shall not be reasonable or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, services available on or through any such site or resource.
16. EVERSON ENTERPRISES, INC. PRPRIETRAY RIGHTS. You acknowledge and agree that the service and necessary software used in connection with the service (“software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Everson Enterprises, Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the service or the software, in whole or in part.
Everson Enterprises, Inc. grants you a personal, non-transferable and nonexclusive right and license to use the object code of its software on a single computer; provided that you do no (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in otherwise transfer any right in the software. You agree not to modify the software including (without limitation) for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any mean other than through the interface that is provided by Everson Enterprises, Inc. for use in accessing the service.
17. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERTAND AND AGRED THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVALIALBE” BASIS. EVERSON ENTERPRISES, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MECHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. EVERSON ENTERPRISES, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNITERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASES OR PURCHASES OR OBTAINED BY YOU THROUGH THE SERVICE YOU WILL MEET YOU EXPECTAIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DON’T AT YOUR OWN DISCRETION AND TISK THAT YOU WILL SO SOLELEY RESPONSIBLE FOR ANY DAMGAE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WIRTTEN, OBTAINED BY YOUR FROM EVERSON ENTERPRISES, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERTAND AND AGREE THAT EVERSON ENTERPRISES, INC. SHALL NOT BE LIABLE FOR ANT DIRECT, INFIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF EVERSON ENTERPRISES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PRCUREMENT OF SUBSTITUE GOODS AND SERVICES RESULTING FROM ANY GOODS, DADTA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSCTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACESS TO OR ALTERATION OR YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE (v) ANY OTHER MATTER REALTING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXSLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSIONS OF LIABLITY FOR INCIDENTIAL OR CONSEQUENTAL DAMAGES. ACCORDINGLY, SOME OF THE ABOCE LIMITAIOINS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADOMONITION FOR SERVICES RELATING TO FINANCIAL MATTER. If you intend to create or join any service, receive, or request any new messages, alerts, or other information form the service concerning companies, stocks, quotes, investments or securities, please read above the sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase “let the investor beware” is apt. The service is provided for informational purposes only, and no content included in the service is intended for trading or investing purposes. Everson Enterprises, Inc. and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the service, and shall not responsible or liable for any trading or investments decisions made based on such information.
21. DEFAULT OF FINANCIAL TERMS. If, by reason of any default on the part of the subscriber it becomes necessary for the owner/agent to employ an attorney in case owner/agent shall bring suit to recover any fees due hereunder, or for breach of any provision of this subscription contract or to recover any fees due hereunder, or for breach of any provision of this subscription contract or to recover possession of the services, or if subscriber shall and owner/agent, deleclarotry or otherwise, arising out of this subscription contract and owner/agent shall prevail in such action , then and in any such events subscriber shall pay owner/agent a reasonable attorneys fee and all cots an expenses as allowed by law, incurred by owner/agent, in connection with such default or action. Any such action any be commenced and maintained in Chelan/Douglas Counties, Washington, regardless of residents residence or place of business.
22.NOTICE. Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOS or other matters by TOS or other matters by displaying notices or links to notices to you generally on the service.
23. TRADEMARK INFORMATION. Everson Enterprises, Inc. the Everson Enterprises, Inc. logos are trademarks. You agree not to display or use in any manner the Everson Enterprises, Inc marks.
24. COPYRIGHTS AND COPYRIGHT AGENTS. Everson Enterprises, Inc. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in ways that continues copyright infringement, or your intellectual property rights have been otherwise violated, please provide Everson Enterprises, Inc. the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of copyright or other intellectual property interests.
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of where the material that you claim is infringing is located on the site.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the copyright owner, its agent, or the law does not authorize the disrupted use.
A statement by you made under penalty of perjury, that the above information is accurate and that you are copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Everson Enterprises, Inc. agent for notice of claim of copyright of other intellectual property infringement can be reached as follows:
EVERSON ENTERPRISES, INC.
7 N. WENATCHEE AVE SUITE 202
WENATCHEE, WA 98801
EMAIL: info@eversoninc.com
25. GENERAL INFORMATION. The TOS constitutes the entire agreement between you and Everson Enterprises, Inc. and you govern your use of the service, superceding any prior agreements between you and Everson Enterprises, Inc. You may also vet subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The TOS and the relationship between you and Everson Enterprises, Inc. shall be governed by the laws of the State of Washington and the United States of America or enforce any right of conflict of law provisions. The failure of Everson Enterprises, Inc. to exercise or enforce any right of provisions of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
26. VIOLATIONS. Please report any violation of the TOS to our customer care.
2. DESCRIPTION OF SERVICE. Everson Enterprises, Inc. currently provides user with access to various resources, including shopping services, personalized content and branded programming through its network of properties (the “Service”). You also understand and agree that the service may include certain communications from Everson Enterprises, Inc., such as service announcements, administrative messages and the Everson Enterprises, Inc. newsletter, and that these communications are considered part of Everson Enterprises, Inc. membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current service, including release of new Everson Enterprises, Inc. properties, shall be subject to the TOS. You understand and agree that the services provided “AS-IS” and that Everson Enterprises, Inc assumes no responsibility for the timeliness, deletion, mis-deliver or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service that access may involve third party fees (such as internet service provider or anytime charges.) You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the service.
3. YOU REGISRATION OBLIGATIONS. In consideration of your of the service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service’s registration form (such information being the “registration data”) and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Everson Enterprises, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Everson Enterprises, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).
4. EVERSON ENTERPRISES, INC. PRIVACY POLICY. Registration data and certain other information about you is subject to our privacy policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY. You will receive a password and account designation upon completing the service registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Everson Enterprises, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Everson Enterprises, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this section (5).
6. MEMBER CONDUCT. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted, are the sole responsibility of the person from which such content originated, this means that you, and not Everson Enterprises, Inc. are entirely responsible for all content that you upload, post, email, transmit, or otherwise make available view their Service. Everson Enterprises, Inc. does not control the content posed via the service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Everson Enterprises, Inc. be liable in any way for content, including, but not limited to, for any errors omissions in any content or for any loss or damage or any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service.
You agree to not use the service to:
A. Upload, post, email, transmit, or other make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive or another’s privacy, hateful or racially, ethnically or otherwise objectionable;
B. Harm minors in any way;
C. Impersonate any person or entity, including, but not limited to, any Everson Enterprises, Inc. official, forum leader, guide or host or falsely state or otherwise misrepresent you affiliation with a person or entity:
D. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
E. Upload, post, email, transmit, or otherwise make available any content that you don not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
F. Upload, post, email, transmit, or otherwise make available content that infringes any patent, trademark, trade, secret, copyright, or other proprietary rights (“rights”) of any patty;
G. Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramids schemes” or any other form of solicitation;
H. Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
I. Interfere with or disrupt the service or servers or networks connected to the service, or disobey an requirements, procedures, policies, or regulations of networks connected to the service;
J. Intentionally or unintentionally violate any applicable local, or international law;
K. “STALK” or other harass another; or
L. Collect or store personal data about other users.
You acknowledge that Everson Enterprises, Inc. does not pre-screen content but that Everson Enterprises, Inc and it designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the service. Without limiting the foregoing, Everson Enterprises, Inc. and it designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely of any content created by Everson Enterprises, Inc. or submitted to Everson Enterprises, Inc.
You acknowledge and agree that Everson Enterprises, Inc. may preserve content and may also disclose content is required to do so by aw or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce TOS; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the right, property, or personal safety of Everson Enterprises, Inc., its users and the public.
You understand that the technical processing and transmission of the service, including, your content, may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONTIONS FOR INTERNATIONAL USE. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVALIABLE FOR INCLUSION ON THE SERVICE. Everson Enterprises, Inc. does not claim ownership of content you submit or make available for inclusion of the service. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the service, you grant Everson Enterprises, Inc. the following worldwide, royalty free and nonexclusive license(s) as applicable;
With respect to content you submit or make available for inclusion on publicly accessible areas of Everson Enterprises, Inc., the license to use, distribute, reproduce, modify, adapt publicly perform and publicly display such content on the service solely for the purposes of providing an promoting Everson Enterprises, Inc. This license exists only for a long as you elect to continue to include such content on the service and will terminate at the time your remove Everson Enterprises, Inc. removes such content from the service.
With respect to photos, graphics, audio or video you make available for inclusion on publicity accessible area for the service other than Everson Enterprises, Inc., the license to use distribute, reproduce, modify, adapt, publicly perform and publicly display such content of the service solely for the purpose for which such content was submitted or made available. This license exists only for as long as you elect to continue to include such content of the service and will terminate at the time you remove or Everson Enterprise, Inc. removes such content from the service.
With respect to content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the service, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in a whole or in part) and to incorporate such content into other works in any format or medium now know or later developed.
“Publicly Accessible areas of the service are those areas of the Everson Enterprises, Inc. network of properties that are intended by Everson Enterprises, Inc. to be available to the general public.
9. INDEMNITY. You agree to indemnify and hold Everson Enterprises, Inc., and it subsidiaries, affiliates, officers, agents, co branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by third party due to or arising out of content you submit, post transmit, or make available through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.
10. NO RESLAE OF SERVICE. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the service, use of the service or access to the service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE. You acknowledge that Everson Enterprises, Inc. may establish general practices and limits concerning use of the service, including without limitations the maximum that will be allotted by Everson Enterprises, Inc. servers on your behalf, and the maximum number of time (and the maximum duration for which) you may access the service in a given period of time. You agree that Everson Enterprises, Inc. has no responsibility or liability for the deletion or failure to store any messages an other communications or other content maintained or transmitted by the service. You acknowledge that Everson Enterprises, Inc. reserves the right to lof off accounts that are inactive for an extended period of time. You further acknowledge that Everson Enterprises, Inc. reserves the right to change these practices and limits at any time in its sole discretion with or without notice.
12. MODIFICATIONS TO SERVICE. Everson Enterprises, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Everson Enterprises, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
13. TERMINATION. You agree that Everson Enterprises, Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use the service, and remove and discard any content within the service, for any reason, including, without limitation, for lack of use, or if Everson Enterprises, Inc. believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Everson Enterprises, Inc. may also in it sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Everson Enterprises, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the service. Further, you agree that Everson Enterprises, Inc. shall not be liable to you or any third-party for any termination of your access to the service.
14. DEALINGS WITH ADVERTISERS. Your correspondence or business dealing with, or participation in promotions, or advertisers, found on or through the service including payment and delivery of related goods or services, and other terms, conditions, warranties, or representations associated with such dealing, are solely between you and such advertisers. You agree that Everson Enterprises, Inc. shall not be responsible or liable for any loss or damage of any incurred as the result of any such dealing or as the result of the presence of such advertisers on the service.
15. LINKS. The service may provide or third parties may provide, links to other World Wide Web sites or resources. Because, Everson Enterprises, Inc. has no control over such sites and resources, you acknowledge and agree that Everson Enterprises, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and it not responsible or liable for any content, advertising, products, or other materials on or available form such sites or resources. You further acknowledge and agree that Everson Enterprises, Inc. shall not be reasonable or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, services available on or through any such site or resource.
16. EVERSON ENTERPRISES, INC. PRPRIETRAY RIGHTS. You acknowledge and agree that the service and necessary software used in connection with the service (“software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Everson Enterprises, Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the service or the software, in whole or in part.
Everson Enterprises, Inc. grants you a personal, non-transferable and nonexclusive right and license to use the object code of its software on a single computer; provided that you do no (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in otherwise transfer any right in the software. You agree not to modify the software including (without limitation) for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any mean other than through the interface that is provided by Everson Enterprises, Inc. for use in accessing the service.
17. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERTAND AND AGRED THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVALIALBE” BASIS. EVERSON ENTERPRISES, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MECHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. EVERSON ENTERPRISES, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNITERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASES OR PURCHASES OR OBTAINED BY YOU THROUGH THE SERVICE YOU WILL MEET YOU EXPECTAIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DON’T AT YOUR OWN DISCRETION AND TISK THAT YOU WILL SO SOLELEY RESPONSIBLE FOR ANY DAMGAE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WIRTTEN, OBTAINED BY YOUR FROM EVERSON ENTERPRISES, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERTAND AND AGREE THAT EVERSON ENTERPRISES, INC. SHALL NOT BE LIABLE FOR ANT DIRECT, INFIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF EVERSON ENTERPRISES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PRCUREMENT OF SUBSTITUE GOODS AND SERVICES RESULTING FROM ANY GOODS, DADTA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSCTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACESS TO OR ALTERATION OR YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE (v) ANY OTHER MATTER REALTING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXSLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSIONS OF LIABLITY FOR INCIDENTIAL OR CONSEQUENTAL DAMAGES. ACCORDINGLY, SOME OF THE ABOCE LIMITAIOINS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADOMONITION FOR SERVICES RELATING TO FINANCIAL MATTER. If you intend to create or join any service, receive, or request any new messages, alerts, or other information form the service concerning companies, stocks, quotes, investments or securities, please read above the sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase “let the investor beware” is apt. The service is provided for informational purposes only, and no content included in the service is intended for trading or investing purposes. Everson Enterprises, Inc. and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the service, and shall not responsible or liable for any trading or investments decisions made based on such information.
21. DEFAULT OF FINANCIAL TERMS. If, by reason of any default on the part of the subscriber it becomes necessary for the owner/agent to employ an attorney in case owner/agent shall bring suit to recover any fees due hereunder, or for breach of any provision of this subscription contract or to recover any fees due hereunder, or for breach of any provision of this subscription contract or to recover possession of the services, or if subscriber shall and owner/agent, deleclarotry or otherwise, arising out of this subscription contract and owner/agent shall prevail in such action , then and in any such events subscriber shall pay owner/agent a reasonable attorneys fee and all cots an expenses as allowed by law, incurred by owner/agent, in connection with such default or action. Any such action any be commenced and maintained in Chelan/Douglas Counties, Washington, regardless of residents residence or place of business.
22.NOTICE. Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOS or other matters by TOS or other matters by displaying notices or links to notices to you generally on the service.
23. TRADEMARK INFORMATION. Everson Enterprises, Inc. the Everson Enterprises, Inc. logos are trademarks. You agree not to display or use in any manner the Everson Enterprises, Inc marks.
24. COPYRIGHTS AND COPYRIGHT AGENTS. Everson Enterprises, Inc. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in ways that continues copyright infringement, or your intellectual property rights have been otherwise violated, please provide Everson Enterprises, Inc. the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of copyright or other intellectual property interests.
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of where the material that you claim is infringing is located on the site.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the copyright owner, its agent, or the law does not authorize the disrupted use.
A statement by you made under penalty of perjury, that the above information is accurate and that you are copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Everson Enterprises, Inc. agent for notice of claim of copyright of other intellectual property infringement can be reached as follows:
EVERSON ENTERPRISES, INC.
7 N. WENATCHEE AVE SUITE 202
WENATCHEE, WA 98801
EMAIL: info@eversoninc.com
25. GENERAL INFORMATION. The TOS constitutes the entire agreement between you and Everson Enterprises, Inc. and you govern your use of the service, superceding any prior agreements between you and Everson Enterprises, Inc. You may also vet subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The TOS and the relationship between you and Everson Enterprises, Inc. shall be governed by the laws of the State of Washington and the United States of America or enforce any right of conflict of law provisions. The failure of Everson Enterprises, Inc. to exercise or enforce any right of provisions of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
26. VIOLATIONS. Please report any violation of the TOS to our customer care.
About Us
Everson Enterprises is a technology company with a strong creative edge in business solutions.
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Testimonials
"It was very easy to understand Michael and what he was installing. I am very happy with my TV." -Lucille
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