TERMS OF USE
Last updated July 16, 2024

1. OUR SERVICES

The details provided through the Services are intended only for individuals or entities in jurisdictions where such distribution or use is lawful. Users using the Services from other locations do so at their own initiative and are responsible for compliance with local laws applicable to them.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We own or hold the necessary licenses for all intellectual property rights related to the Services. This includes source code, databases, functionality, software, audio, website designs, video, text, photographs, and graphics within the Services (collectively referred to as the 'Content'), the trademarks, service marks, and logos included therein (the 'Marks')."

Our Content and Marks are subject to protection under copyright, trademark laws, other intellectual property rights, and unfair competition laws in the US and internationally. The Content and Marks are made available through the Services 'AS IS' for your personal, non-commercial use or internal business purposes only.

Your use of our Services

Subject to your compliance with the Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we authorize you with a non-transferable, non-exclusive, and revocable license to:

• access the services
• make copies of any part of the content that you have rightfully accessed.

This content is intended only for personal, non-commercial use or internal business purposes.

Unless explicitly permitted elsewhere in our Legal Terms, you may not copy, aggregate, reproduce, republish, upload, post, display publicly, encode, license, translate, distribute, transmit, sell, or otherwise exploit any part of the Services, including Content or Marks, for any commercial purpose without our prior express written permission.

If you desire to use the Services, Content, or Marks beyond the scope outlined in this section or elsewhere in the Legal Terms, please direct your request to info@evermethod.com. If we grant permission for you to publicly display, reproduce, or post any part of our Services, you must acknowledge us as the owners or licensors of the Services, Marks or Content. You must also ensure that any copyright or proprietary notice is included or visible when you post, reproduce, or display our Content. 

We reserve all rights to the Content, Services, and Marks that are not expressly granted to you.

Any violation of these Intellectual Property Rights will be considered a significant breach of our Legal Terms, resulting in immediate termination of your right to use our Services.

Your submissions

Please check this section and the 'Prohibited Activities' section before using the Services to understand your responsibilities regarding any content you post or upload through the Services.

Submissions: By submitting any question, comment, idea, suggestion, feedback, or other information about the Services ("Submissions") directly to us, you acknowledge and agree that you are granting us a non-exclusive, irrevocable, perpetual, royalty-free, worldwide license to use, modify, create derivative works from, adapt, translate, publish, distribute, and display such Submissions in any form, media, or technology, whether now known or developed in the future, for any purpose. You further agree that this license includes the right for us to make such Submissions available to other Services users without any compensation or acknowledgment to you.

You are solely responsible for any Submissions you post or upload through any part of the Services. By submitting Submissions:

• You acknowledge and agree that you will comply with our "PROHIBITED ACTIVITIES" and refrain from posting, sending, publishing, uploading, or transmitting any Submission through the Services that is harassing, illegal, defamatory, hateful, harmful, obscene, sexually explicit, bullying, abusive, discriminatory, threatening to any group or person, deceitful, false, misleading or inaccurate;
• Waive moral rights to the extent allowed by law for any submission.
• Ensure submissions are original or that you have the necessary rights and licenses, and confirm that you have full authority to grant us rights.
• Confirm that your submissions are not confidential.

You are solely responsible for your Submissions and agree to reimburse us for any losses resulting from your breach of this agreement, third-party intellectual property rights, or applicable law.

3. USER REPRESENTATIONS

When you use the Services, you confirm that:

• You must have the legal capacity and agree to follow these Legal Terms.
• You must be of legal age in your jurisdiction.
• You cannot access the Services using automated or non-human methods, such as bots, scripts, or any other automated means.
• You must not use the Services for any illegal or unauthorized activities.
• Your use of the Services must not violate applicable laws or regulations.

If you give us any information that is false, incorrect, outdated, or incomplete, we reserve the right to close your account and deny any current or future use of the Services or any part of it.

4.PROHIBITED ACTIVITIES

The following activities are not allowed:

• You may only use the Services for their intended purpose.
• Do not use the Services for any commercial activities unless we explicitly allow them.
• Do not gather data or content from the Services without our written permission.
• Do not deceive us or other users to obtain sensitive information.
• Do not bypass or disrupt the security features of the Services.
• Do not damage our reputation or that of the Services.
• Do not use information from the Services to harass others.
• Do not misuse our support services or make false reports.
• Use the Services in accordance with applicable laws and regulations.
• Do not frame or link to the Services without authorization.
• Do not upload viruses or other harmful material.
• Do not use automated tools to interact with the system.
• Do not remove copyright notices from the content.
• Do not impersonate another user.
• Do not upload materials that collect information without consent.
• Do not disrupt the Services or associated networks.
• Do not harass our employees or agents.
• Do not attempt to bypass security measures.
• Do not copy or modify the Services' software.
• Do not attempt to reverse-engineer the software.
• Do not use automated systems to access the Services.
• Do not use buying agents on the Services.
• Do not collect user information for unsolicited emails or create user accounts under false pretenses.
• Do not use the Services for competition or revenue-generating purposes.

5. USER GENERATED CONTRIBUTIONS 

When using the Services, you cannot submit or post content. However, you may be able to create, post, submit, display, transmit, perform, publish, distribute, or broadcast content and materials (referred to as "Contributions"), including text, video, writings, audio, photographs, graphics, comments, suggestions, personal information, or other material. These Contributions may be visible to other service users and on third-party websites. By creating or making available any Contributions, you are confirming that:

6. CONTRIBUTION LICENSE 

You and the services acknowledge that we may access, store, process, and use any information and personal data you provide, including your choices and settings.

If you submit suggestions or other feedback about the services, you acknowledge that we can use such feedback for any purpose without compensating you.

We acknowledge that you own your contributions. You fully own your contributions and any associated intellectual property or proprietary rights. We are not responsible for any statements in your contributions to our platform. You are entirely accountable for your contributions and expressly agree to free us from any liability and abstain from taking legal action against us concerning your contributions.

7. SERVICES MANAGEMENT

We have the right, but not the obligation, to:

• Monitor the Services to check for violations of these Legal Terms.
• We reserve the right to pursue legal action against anyone who violates the law or these legal terms at our discretion. This may involve reporting such individuals to the authorities.
• Decline, limit the access to, reduce the availability of, or deactivate (if technically possible) any of your Contributions or any part of them, all as determined solely by us and without any limitations.
• Eliminate from the Services or disable all excessively large or burdensome files to our systems based on our sole discretion and without notice or liability.

Overall, we will manage the Services to protect our rights and to ensure the Services function properly.

8. TERM AND TERMINATION

These Legal Terms will remain valid and in force for your use of the Services. WE HAVE THE RIGHT TO REFUSE ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING SPECIFIC IP ADDRESSES) TO ANY INDIVIDUAL AT OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY. THIS MAY BE DONE FOR ANY REASON OR WITHOUT PROVIDING A REASON. THIS ENCOMPASSES BUT IS NOT RESTRICTED TO BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT IN THESE LEGAL TERMS OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. WE MAY END YOUR USE OR INVOLVEMENT IN THE SERVICES OR REMOVE ANY CONTENT OR INFORMATION YOU POSTED AT ANY TIME, AT OUR SOLE DISCRETION AND WITHOUT WARNING.

Suppose your account is terminated or suspended for any reason. In that case, you are prohibited from creating a new account using your real name, a fake name, or anyone else's name, even if you are acting on that person's behalf. Along with terminating or suspending your account, we have the right to take legal action, including civil, criminal, and injunctive relief, without any restrictions.

9. MODIFICATIONS AND INTERRUPTIONS

We have the right to modify, change, or delete the content of the Services at any time or for any reason without prior notice at our sole discretion. However, we are not obligated to update any information on our Services. We will not be responsible for any changes in price, suspension, or discontinuation of the Services, and we will not be liable to you or any third party. 

We cannot guarantee that the Services will be continuously available. We may encounter software, hardware, or other issues or need to conduct maintenance related to the Services, which may cause delays, interruptions, or errors. We have the right to update, revise, modify, suspend, discontinue, or make other changes to the Services at any time or for any reason without providing notice to you. When you use our Services, you acknowledge that we are not responsible for any harm, loss, or inconvenience resulting from your inability to access or use the Services when they are down or discontinued. Nothing in these Legal Terms will obligate us to maintain and support the Services or to provide any corrections, updates, or releases for the Services.

10. GOVERNING LAW

The laws of the State of Washington will govern these Legal Terms, and you agree that the courts have exclusive jurisdiction to settle any disputes related to these Legal Terms.

11. CORRECTIONS

The Services might have information containing typographical mistakes, inaccuracies, or missing details, such as descriptions, pricing, availability, and other information. We have the right to rectify any errors, inaccuracies, or missing details and to modify or update the information on the Services at any time without further notice.

12. DISCLAIMER

THE SERVICES ARE PROVIDED AS THEY ARE AND AS AVAILABLE. YOUR USE OF THE SERVICES IMPLIES YOUR ACCEPTANCE OF THE ASSOCIATED RISKS. WE DO NOT GUARANTEE ANY WARRANTIES, WHETHER STATED OR UNDERSTOOD, INCLUDING, BUT NOT LIMITED TO, GUARANTEES OF SUITABILITY FOR A SPECIFIC PURPOSE AND NON-VIOLATION, AS ALLOWED BY LAW TO THE FULLEST EXTENT. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR ANY LINKED WEBSITES OR MOBILE APPLICATIONS. WE ARE NOT RESPONSIBLE FOR: 

(1) INACCURACIES, ERRORS, OR MISTAKES IN CONTENT AND MATERIALS, 
(2) PERSONAL INJURY RESULTING FROM YOUR USE OF THE SERVICES, 
(3) UNAUTHORIZED ACCESS TO OUR SECURE SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, 
(4) INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, 
(5) TRANSMISSION OF BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ITEMS THROUGH THE SERVICES BY A THIRD PARTY AND/OR 
(6) ERRORS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS INCURRED DUE TO THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICES. 

WE DO NOT SUPPORT OR TAKE ON RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROMOTED OR PROVIDED BY A THIRD PARTY THROUGH THE SERVICES OR LINKED WEBSITES OR MOBILE APPLICATIONS. WE DO NOT PARTICIPATE IN MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, AND THEREFORE, WE WILL NOT BE ACCOUNTABLE FOR IT. ULTIMATELY, YOU MUST BE CAREFUL AND USE YOUR BEST JUDGMENT WHEN BUYING A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR PLATFORM.

13. LIMITATIONS OF LIABILITY

WE AND OUR DIRECTORS, EMPLOYEES, OR AGENTS ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST REVENUE, LOST PROFIT, LOSS OF DATA, OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WILL ALWAYS BE LIMITED TO THE SMALLER AMOUNT PAID, IF ANY, BY YOU TO US, DESPITE ANYTHING ELSE STATED HERE. CERTAIN US STATE AND INTERNATIONAL LAWS PROHIBIT IMPOSING RESTRICTIONS ON IMPLIED WARRANTIES OR EXCLUDING OR LIMITING CERTAIN DAMAGES. IF YOU ARE SUBJECT TO THESE REGULATIONS, SOME OR ALL OF THE DISCLAIMERS OR RESTRICTIONS MENTIONED ABOVE MAY NOT BE VALID, AND YOU MIGHT HAVE THE RIGHT TO ADDITIONAL ENTITLEMENTS.

14. INDEMNIFICATION

You are responsible for protecting, compensating, and not holding responsible us, our subsidiaries, affiliates, officers, partners, agents, and employees, from and against any loss, liability, damage, demand or claim, including reasonable attorneys' expenses and fees made by any third party due to or arising out of:

• Your usage of the Services.
• Violating these Legal Terms.
• Any violation of your promises and guarantees stated in these Legal Terms.
• Your infringement of a third party's rights, including but not limited to intellectual property rights.
• Any harmful action towards any other user of the Services with whom you connected through the Services.

However, at your expense, we have the right to take over the exclusive defense and control of any matter for which you are required to compensate us, and you agree to assist, at your expense, with our defense of such claims. Once we become aware of it, we will do our best to notify you of any such action, claim, or proceeding covered by this indemnification.

15. USER DATA

We will keep the specific information you send to the Services to manage its performance and data concerning your use of the Services. While we regularly back up data, you are entirely responsible for all data you send or related to any activity you do using the Services. You agree that we are not liable to you for any loss or corruption of such data, and you give up any right to take legal action against us for any loss or corruption of such data.

16. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

You participate in electronic communications when you utilize our Services, email us, or complete online forms. Your use of our Services indicates your consent to receive electronic communications. YOU ALSO ACKNOWLEDGE THAT ANY AGREEMENTS, NOTICES, DISCLOSURES, OR OTHER COMMUNICATIONS WE FURNISH YOU ELECTRONICALLY, EITHER THROUGH EMAIL OR WITHIN THE SERVICES, SATISFY THE LEGAL REQUIREMENT FOR WRITTEN COMMUNICATION. YOU AGREE TO USE ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER DOCUMENTS, AND TO RECEIVE NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS ELECTRONICALLY, WHETHER INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. Additionally, you give up any rights or requirements under any statutes, rules, ordinances, regulations, or other laws in any jurisdiction that need a signature, the delivery or retention of non-electronic records, or the use of non-electronic methods for payments or the granting of credits.

17. MISCELLANEOUS

The Legal Terms or operating rules we post on the Services or regarding the Services form the complete agreement and understanding between you and us. Our failure to enforce any right or provision of these Legal Terms does not waive that right or provision. These Legal Terms are fully enforceable to the extent permitted by law. We can transfer any or all of our rights and obligations to others at any time. We are not liable for any damage, loss, or failure to act caused by factors beyond our reasonable control. If any part of these Legal Terms is found to be unlawful that provision or part of the provision shall be considered as such. If that happens, the specific provision or portion of the provision can be separated from these Legal Terms without affecting the validity and enforceability of the remaining provisions. The Legal Terms do not create an employment, joint venture, partnership, or agency connection between you and us. You acknowledge that these Legal Terms will not be construed against us solely because we wrote them. You relinquish any protections you may have established based on the electronic nature of these Legal Terms and the lack of signatures by the parties to implement these Legal Terms.

18. CONTACT US

To address any issues with the Services or to obtain more details about using the Services, please email us at: info@evermethod.com.