Everidge Website Terms & Conditions
Updated march 19, 2020
Welcome to Everidge.com.
COLLECTION OF VISITOR INFORMATION ON THIS WEBSITE
THIRD PARTY WEBSITES
MODIFICATIONS TO WEBSITE, PRODUCTS, AND SERVICES
Everidge reserves the right to modify in whole or in part, or temporarily or permanently discontinue, any website or any products, services or content contained on the website for any reason and at any time and without notice to you. Should you be unable to locate an item you saw on a previous visit to our website, please contact our Customer Service department and we will make every effort to meet your needs.
Everidge periodically schedules system downtime for maintenance and other purposes and the website may be unavailable due to unplanned system outages or circumstances outside of Everidge’s control. Everidge shall have no liability to any user or third party whatsoever for the resulting unavailability of the website or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, or non-delivery of information caused by such system outages.
Everidge makes every effort to accurately display the products featured on the website. However, the colors we use, and the capabilities of your computer monitor will affect the colors you see on your screen. We cannot guarantee that your monitor’s display of any color, texture, or merchandise details will be accurate.
We attempt to provide the most recent, accurate, and reliable information on our website. However, there may be occasions when information featured on our website may contain typographical errors, incomplete data, inaccuracies, or items featured on the website that are no longer in stock. We do not warrant that the information accessible via this website is accurate, complete, or current. Any errors are unintentional, and we reserve the right to correct errors and to update product information at any time.
The website may utilize both secure and non-secure sections and pages. Everidge uses commercially reasonable security protocols to protect the transmission of data submitted using the secure portions of the website. Before submitting any sensitive data using the website, be sure your web browser displays a secure web address beginning with “https://…” Everidge cannot guarantee that unauthorized third parties will never be able to defeat the security measures employed by Everidge. Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update our technology in order to improve the protection of customer information.
USE OF THE WEBSITE
You agree to use the website only for lawful purposes. You agree not to do any of the following: (a) communicate to Everidge or upload to or transmit on the website 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 website 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 website 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 website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the website); (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 website, or which, as determined by Everidge, may harm Everidge or users on the website or expose them to liability.
You understand and acknowledge that you are responsible for whatever content you submit, and you, not Everidge, have full responsibility for such content, including its legality, reliability, and appropriateness. By uploading or otherwise transmitting material to Everidge or to any area of the website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Everidge and/or post it to the website. You grant to Everidge the right to use all content you upload or otherwise transmit to Everidge or a website in any manner Everidge chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material, or making a derivative work based on it.
Everidge reserves the right, but does not assume any responsibility, to (a) remove any material posted on the website which Everidge, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Everidge has been notified, or has reason to believe, constitutes a copyright infringement; and (b) terminate any user’s access to all or part of the website. However, Everidge can neither review all material before it is posted on the website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Everidge assumes no liability for any action or inaction regarding transmissions, communications, or content provided by third parties. Everidge reserves the right to take any action it deems necessary to protect the personal safety of users of the website and the public; however, Everidge has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Your failure to comply with the above provisions may result in the termination of your access to the Everidge website and may expose you to civil and/or criminal liability.
USER FEEDBACK AND PRODUCT REVIEWS
Portions of the website may allow users to submit product reviews and Everidge welcomes user and customer comments regarding the website and Everidge products and services. However, any non-personal information you transmit to Everidge through the website is not, and will not be treated as private, confidential, or proprietary. We may make unrestricted use of any non-personal information you transmit to Everidge through the website.
Should you post any review on the website, you grant Everidge and its third party marketing and advertising partners the right to use, publish, republish, and distribute that review, or portions thereof, online, in product catalogs, and other marketing and advertising materials.
Everidge welcomes feedback, questions, and comments about its products, services, and its website. As a general policy, Everidge does not accept unsolicited ideas for products or services through the website. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to the website by e-mail or otherwise will upon submission become the sole and exclusive property of Everidge and may be used by Everidge for any purpose whatsoever, commercial or otherwise, without compensation to you.
ACCOUNT AND MEMBERSHIP INFORMATION
Furthermore, by joining, subscribing, or submitting information to Everidge through the website, 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.
All software and content included on this website or used in the operation of this website, such as text, graphics, logos, button icons, images, audio and/or visual clips, and software, is the owned or licensed property of Everidge or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of Everidge and protected by U.S. and international copyright laws. Everidge grants you permission to view and use content and software made available to you on the website in connection with your own personal, noncommercial use of the website. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content and software on this website 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:
ATTN: Copyright Agent
15600 37th Avenue North, Suite 100
Plymouth, Minnesota 55446
By email firstname.lastname@example.org
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:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
2. A description of the copyrighted work or other intellectual property that you claim has been infringed.
3. A description of where the material that you claim is infringing is located on our website, with enough detail that we may find it on the website.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owners behalf.
WARRANTY AND LIABILITY DISCLAIMERS
Everidge does not assume any liability for the materials, information and opinions provided on, or available through, the website (“Content”). Reliance on the Content is solely at your own risk. Everidge disclaims any liability for injury or damages resulting from the use of any website Content.
THE WEBSITE, THE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH ANY WEBSITE 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 WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER EVERIDGE NOR ANYONE ASSOCIATED WITH EVERIDGE WARRANTS OR REPRESENTS THAT ANY WEBSITE, ITS CONTENT, OR THE SERVICES PROVIDED ON OR THROUGH SUCH WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE 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, ANY WEBSITE, ITS CONTENT, ANY SERVICES PROVIDED ON OR THROUGH SUCH WEBSITE 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 WEBSITE 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.
GOVERNING LAW AND JURISDICTION
This Policy shall be governed and interpreted in accordance with the laws of the United States and the State of Minnesota.