Updated: February 13, 2026
Welcome to Everidge.com or the Everidge online or mobile application service in which these Terms of Use appear, which are owned and operated by Everidge, Inc., on behalf of its affiliates and its and their successors and assigns (“Everidge,” “we,” “us,” or “our”).
By using this website or the Everidge online or mobile application service in which these Terms of Use appear, you agree to be bound by the Terms of Use set forth below. Use of these offerings is strictly voluntary. These Terms of Use govern your use of our websites, online and mobile applications, including the Smartrite app, and other online services (collectively referred to as the “Services”). These Terms of Use incorporate Everidge’s Privacy Policy which explains how we handle your personal information, and include legal terms and disclaimers. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Services and may not use the Services.
ELIGIBILITY
These Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Services.
CHANGES TO TERMS OF USE
Everidge reserves the right to change these Terms of Use at its sole discretion without advance notice. Changes to these Terms of Use become effective on the date when the updated Terms of Use are published on the Services. By using the Services after a change in the Terms of Use, you agree to follow and be bound by the Terms of Use as amended.
Everidge reserves the right to modify in whole or in part, or temporarily or permanently discontinue, any of the Services or content contained on the Services such as text, graphics, logos, button icons, images, audio and/or visual clips, and software (collectively referred to as the “Content”) for any reason and at any time and without notice to you.
THIRD PARTY WEBSITES
These Terms of Use do not apply to any other website owned or operated by any third-party retailer, supplier or service provider, even if such third-party links to a website owned by Everidge and links to that third-party website. Accordingly, these Terms of Use do not apply to the practices of any third party, affiliate, or business partner that Everidge does not own or control. Additionally, the owners of social media services may have additional terms and conditions that supersede these Terms of Use depending on a user’s own personal preferences with that social media provider. You acknowledge that Everidge does not control such third-party websites and is not responsible for any content, services, products, or practices of such third parties.
USE OF THE SERVICES
You agree to use the Services only for lawful purposes. You agree not to do any of the following: (a) communicate to Everidge or upload to or transmit on the Services any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Services or the Content to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail not intended for you; (d) misrepresent an affiliation with any person or organization; (e) restrict or inhibit use of the Services by others; (f) upload or otherwise transmit files that contain a virus or corrupted data; (g) collect information about others (including email addresses) without their consent (h) download a file or software or include in a message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over the Services or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Services); (i) post “spam”, transmit chain letters or engage in other similar activities; or (j) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or the Content, or which, as determined by Everidge, may harm Everidge or users on the Services or expose them to liability.
Your failure to comply with the above provisions may result in the termination of your access to the Services and may expose you to civil and/or criminal liability.
USER FEEDBACK AND PRODUCT REVIEWS
Portions of the Services may allow users to submit product reviews and Everidge welcomes user and customer comments regarding the Services and Everidge products and services (“Feedback”). Such Feedback will be and will remain our exclusive property. Your submission of Feedback will constitute an assignment to us of—and you do hereby assign to us—all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
To the extent that the ownership of the Feedback does not by operation of law vest in Everidge, you agree to irrevocably and unconditionally assign, transfer and convey to Everidge, and do hereby assign, transfer, and convey, free and clear of any security interests, encumbrances, adverse claims or demands, your entire right, title and interest throughout the universe in and to the Feedback, including any and all rights that may exist, now or in the future, under the law of copyright, trademark, patent, industrial design, trade secret or other intellectual property laws of any jurisdiction. Whenever requested to do so, you agree to assist us and our designees to secure our rights in the Feedback and related intellectual property rights in all countries. Your obligation to provide such assistance and execute will continue in perpetuity. You agree to further absolutely, irrevocably, and unconditionally waive in favor of Everidge any and all moral rights (or other similar rights) that you and your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the Feedback.
ACCOUNT AND MEMBERSHIP INFORMATION
Certain portions of the Services may allow you to set up an account or subscribe to certain features or benefits, including creating a unique username and password or providing certain personal information. By joining, subscribing, or submitting information to Everidge through the Services, you expressly agree to (a) keep your login and password information confidential; (b) ensure that any person accessing your account is aware that the account is subject to these Terms of Use; (c) supervise and be responsible for any use of your account; (d) promptly change your login information if you believe that an unauthorized person has access to your login information.
Furthermore, by joining, subscribing, or submitting information to Everidge through the Services, you expressly grant Everidge, its affiliate, or third-party service provider the right to communicate with you via e-mail, mail, fax, or telephone.
You are also responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. Everidge reserves the right to suspend or cancel any user account for any other reason in its sole and absolute discretion.
TRADEMARKS
The Everidge name and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Everidge (the “Everidge Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Services are the property of their respective owners. You are not authorized to display or use the Everidge Marks or any third-party marks in any manner without prior written permission.
COPYRIGHT
As between you and us, all Content included on or used in the operation of this Services, and all intellectual property rights in and to Content, is the property of Everidge, and is protected by U.S. and/or international copyright laws. Everidge grants you permission to view and use the Content in connection with your own personal, noncommercial use of the Services. All rights not expressly granted are reserved. Subject to these Terms of Use, Everidge hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to use the Services (and Content) for personal use only in accordance with these Terms of Use. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Services or the Content is strictly prohibited.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA)/COPYRIGHT POLICY
Everidge respects the intellectual property rights of others. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of others.
NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail
ATTN: Copyright Agent
Everidge
15600 37th Avenue North, Suite 100
Plymouth, Minnesota 55446
United States
By phone
(888) 227-1629
By fax
(763) 541-1563
By email
[email protected]
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a notice containing the following information:
WARRANTY AND LIABILITY DISCLAIMERS
Everidge does not assume any liability for the Content. Reliance on the Content is solely at your own risk. Everidge disclaims any liability for injury or damages resulting from the use of the Content.
THE SERVICES AND THE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH ANY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER EVERIDGE NOR ANY PERSON ASSOCIATED WITH EVERIDGE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF ANY OF THE SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER EVERIDGE NOR ANYONE ASSOCIATED WITH EVERIDGE WARRANTS OR REPRESENTS THAT ANY OF THE SERVICES OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. EVERIDGE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LIMITATION ON DAMAGES
IN NO EVENT WILL EVERIDGE OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ITS CONTENT, OR ANY LINKED WEBSITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES, OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY SERVICE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY EVERIDGE AND WHETHER OR NOT EVERIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IF YOU HAVE A CLAIM AGAINST EVERIDGE THAT ARISES OUT OF THESE TERMS OF USE OR IS OTHERWISE RELATED TO THE SERVICES, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EVERIDGE TO YOU BE MORE THAN $100.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Everidge and its affiliates and subsidiaries; and their respective officers, directors, owners, agents, employees, affiliates, licensees, and licensors, from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Services in violation of any of these Terms of Use or applicable laws.
GOVERNING LAW, DISPUTE RESOLUTION AND JURISDICTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
The laws of the State of Minnesota will govern these Terms of Use, without giving effect to any principles of conflicts of laws. To the extent the parties are permitted under these Terms of Use to initiate litigation in a court, you agree that any action arising out of these Terms of Use, or your use of Service, shall be brought in state or federal court in the State of Minnesota and you consent to the jurisdiction of such courts.
The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or Everidge’s right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) claims of intellectual property infringement; (vi) claims that are the subject of a proposed class or collective action settlement in any court; (vii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (viii) certain roles expressly specified for courts in the terms below.
You must send any Notice of Dispute by email or via U.S. mail to one of the following addresses:
Address: Everidge, 15600 37th Avenue North, Suite 100, Plymouth, Minnesota 55446
Email: [email protected]
Everidge will send any Notice of Dispute to your registered email address and ATTN: NOTICE OF DISPUTE to the email address and any address you have provided Everidge. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought.
The Notice requirement is designed to allow Everidge (or you, in the case of a dispute Everidge asserts against you) to make a fair, fact-based offer of settlement if Everidge or you choose to do so. You and Everidge cannot proceed to arbitration unless this information has been provided. If you or Everidge proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice of Dispute to reimburse the other party for any arbitration fees and costs already incurred.
You and Everidge agree that Disputes will be settled by binding individual arbitration conducted by National Arbitration and Mediation (NAM) according to the U.S. Federal Arbitration Act (“FAA”) and federal arbitration law and according to NAM’s Comprehensive Dispute Resolution Rules and Procedures, as modified by these Terms of Use. These Terms of Use affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law.
“Arbitration” means that Disputes between you and Everidge will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
“Individual” means that the arbitrator may award the same remedies to you or to Everidge as a court could, but only to satisfy your or Everidge’ individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.
“Binding” means that both you and Everidge will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms of Use, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.
Address: Everidge, 15600 37th Avenue North, Suite 100, Plymouth, Minnesota 55446
Email: [email protected]
Everidge will send any Demand for Arbitration to the email address and to any address you have provided Everidge.
The arbitration will be conducted by a single arbitrator. You and Everidge both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms of Use.
The arbitrator shall permit Everidge and You to file a dispositive motion(s) to determine threshold issues, such as arbitrability and whether the Demand for Arbitration states a claim for which relief may be granted.
For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in Hennepin County, Minnesota unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and Everidge agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or Everidge to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
Even if the Dispute involves a claim of damages of more than USD $10,000, Everidge may still help you with your fees if you demonstrate that arbitration costs will be prohibitive compared to litigation costs, Everidge will pay as much of your arbitration costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation).
Notwithstanding Everidge’ agreement to pay all of the arbitration costs if the Dispute involves a claim of damages of USD $10,000 or less, Everidge will not pay a claimant’s share of fees if (1) the claimant is represented by the same common or coordinated counsel as other claimants with similar claims unless the total aggregated claim of damages is USD $10,000 or less for all claimants; or (2) you comply in good-faith with the Informal Resolution provision of this section.
You and Everidge agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Applicable law may allow the arbitrator to award attorneys’ fees and costs to the prevailing party.
You are responsible for all other additional costs that you may incur in the arbitration, including attorney’s fees and expert witness costs, unless Everidge is otherwise specifically required to pay such fees under applicable law. Arbitration costs do not include your attorneys’ fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise. If Everidge starts an arbitration against you, Everidge will pay all filing fees.
Once all Notices of Dispute have been provided to Everidge for Coordinated Cases, counsel for claimants and counsel for Everidge shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for Everidge do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against Everidge, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against Everidge.
A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinate Cases and Everidge agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for Everidge must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants in the Coordinated Cases and for Everidge cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants in the Coordinated Cases and for Everidge will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the mediation does not yield a global resolution, then claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts in Hennepin County, Minnesota if federal jurisdiction exists, in the United States District Court for the District of Minnesota and you consent as part of these Terms of Use to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Everidge from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Everidge reserves the right to contest class certification at any stage of the litigation and on any available basis.
A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Address: Everidge, 15600 37th Avenue North, Suite 100, Plymouth, Minnesota 55446
Email: [email protected]
Your notice must include your name, mailing address, and email address associated with your account with Everidge, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms of Use. TO BE EFFECTIVE, THIS NOTICE MUST BE EMAILED, POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS OF USE UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that Everidge receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, Everidge will not be bound by them with respect to disputes with you.
MISCELLANEOUS
