TERMS & CONDITIONS

These Terms of Use, together with Evriholder’s Privacy Notice and Evriholder’s California Privacy Notice (as applicable), set forth the terms and conditions (“Terms”) that apply to your access and use of the Evriholder website, located at evriholder.com (the “Site”).  “Evriholder” includes Evriholder and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents. By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 11 below.

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Account Security

To use the Site you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) use the Site in compliance with any and all applicable laws and regulations. 

 

Prohibited Conduct

You agree not to:

1. Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;

2. Violate or encourage others to violate the rights of third parties, including intellectual property rights;

3. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

4. Interfere in any way with security-related features of the Site;

5. Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;

6. Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Evriholder’s express written permission;

7. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or

8. Sell or otherwise transfer the access granted herein.

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Third Party Content

The Site may contain links to third party websites and services.  Evriholder provides such links as a convenience, and does not control or endorse these websites and services.  You acknowledge and agree that Evriholder has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.

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Intellectual Property

You own any ideas or suggestions that you submit through the inventor portal on Evriholder’s Site, which Evriholder is not required to, but may elect to license from you, the terms of which are to be negotiated separately between you and Evriholder. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission.  All trademarks and service marks on the Site belong to Evriholder, except third-party trademarks or service marks, which are the property of their respective owners. 

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Indemnification

You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless Evriholder from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party.  Evriholder reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

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Termination

If you violate these Terms, your permission to use the Site will automatically terminate.  In addition, Evriholder in its sole discretion may suspend or terminate some or all of your access to the Services at any time, with or without notice to you.  You may terminate your account at any time by contacting Evriholder at privacy@evriholder.com.  After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Evriholder may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.

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Modification of the Terms

Evriholder reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site.  Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms.  We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us.  Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.

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Disclaimers of Warranties

The Site is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied.  Although Evriholder seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies.  Evriholder specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade.  You assume all risk for any/all damages that may result from your use of or access to the Site.  Evriholder does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site. 

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Limitation of Liability

In no event will Evriholder be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Evriholder has been informed of the possibility of such damage.  Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances.  Accordingly, some of the above limitations may not apply to you.

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Governing Law

These Terms are governed by the laws of the United States and the State of California, without regard to conflict of law principles. You and Evriholder agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Orange County, California, for the purpose of litigating any such disputes.

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Modification of the Site

Evriholder reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you.  You agree that Evriholder will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.

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General

1. Entire Agreement.  These Terms, together with the Privacy Notice and California Privacy Notice (as applicable), constitute the entire and exclusive understanding and agreement between you and Evriholder regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.

2. No Waiver.  The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  

3. Paragraph Headers.  Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.  

4. Severability.  In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

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Last updated: April 2023

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