EVERLASTLY TERMS OF SERVICE

By accessing the Everlastly website (referred to in the remainder of these Terms and Conditions of Use as “website”), you are agreeing to be bound by these Terms and Conditions of Use and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Everlastly website.

The materials contained in the website are protected by applicable copyright and trade mark law. You must be at least 18 years of age to use the website. By using the website and by agreeing to these terms and conditions you attest that you are at least 18 years of age.

You agree to accept responsibility for any and all activities that occur under your Everlastly account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Everlastly reserves the right to terminate any account for any reason.

USE LICENSE

Under these Terms and Conditions, you may:

• temporarily download one copy of the materials (information or software) on Everlastly’s website for personal, non-commercial transitory viewing only;
• share links to Everlastly website pages on your personal or business social media pages.

The above is the grant of a license, not a transfer of title, and under this license you may not: 

• modify or copy the materials (other than as expressed above in point one above);
• use the materials for any commercial purpose, or for any public display, other than posting links to personal social media pages (commercial or non-commercial) without written permission from Everlastly;
• attempt to decompile or reverse engineer any software contained on Everlastly’s website;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Everlastly at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

YOUR CONTENT

On the Everlastly website you can post, link, store, share or otherwise make available (“post”) certain information, or on your personal or business social media platforms via automatic posting tools on the website. This material (“your content”) may include text, photos, videos, audio recordings, ratings of businesses, favorite or recommended businesses and other material. You are responsible for your content that you post, including its legality, reliability and appropriateness.

By posting content, you represent and warrant that:

• the content is yours (you own it) and/or you have the right to use it and the right to grant Everlastly the rights and license as provided in these Terms; and
• that your content does not violate the privacy rights, publicity rights, copyrights, contract rights, or other rights of any person or entity (Everlastly has the right to block anyone determined to be infringing on a copyright or other legal rights from using its Products).

You retain all of your rights to any content you post through Everlastly. However, you are ultimately responsible for protecting those rights. We are not responsible and assume no liability for your content or the content of any third party posting, rating, or sharing on the website, or links to Everlastly website materials disseminated through social media or other channels.

By posting your content through the website you grant us the right and license to use, modify, publicly display, reproduce and distribute your content through the website and other media. You agree that this license includes the right for us to make your content available to other users of Everlastly Products.

Everlastly retains the right, but is not obligated to, edit or remove user content posted to the website. By posting content, you warrant and represent that the information is accurate, complete, current, and appropriate.

Everlastly may block users from using the website for providing inaccurate, incomplete, misleading or obsolete information.

DISCLAIMER

The materials on Everlastly’s website are provided “as is”. Everlastly makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Everlastly does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. The materials appearing on Everlastly’s website could include technical, typographical, or photographic errors. Everlastly does not warrant that any of the materials on its website are accurate, complete, or current. Everlastly may make changes to the materials contained on its website at any time without notice. Everlastly does not, however, make any commitment to update the materials at any particular time intervals for any of its website.

In other words, we’re a startup. We try to provide great services, useful and highly accurate data, and try to not make spelling and grammar mistakes, but some information on our website may be incorrect. We rely on data from partner organizations, businesses, users and other third parties who may at some point provide us bad data, so we can’t guarantee all the data on the website is correct all the time. If you see incorrect information, let us know and we will do our best to correct it.

In particular our Evergrade scoring system is an unprecedented effort to research, synthesize, simplify and present a great deal of rather complex and previously confusing information.  It is far from perfect, but we are taking a first step as we believe it is your right to know what goes into (and comes out of!) the products you bring into your home.  Could it be improved?  Yes!  We will continue to research and audit data, improve and tune Evergrade’s performance, and would love to hear your suggestions on how to improve it for everyone’s benefit.  

LIMITATIONS

In no event shall Everlastly or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Everlastly’s website, even if Everlastly or an Everlastly authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

LINKS

Everlastly is not responsible for the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply Everlastly’s endorsement of the site. Use of any such linked website is at your own risk.

SITE TERMS OF USE MODIFICATIONS

Everlastly may revise these Terms and Conditions of Use and its Privacy Policy for the Everlastly website at any time without notice. By using the website you are agreeing to the most current version of these Terms and Conditions of Use and Privacy Policy. Your continued use of the website after those changes are made is deemed to be acceptance of those changes. All updates will be posted to this page. Please check back often for updates to the Terms and Conditions of Use and Privacy Policy.

GOVERNING LAW

Any claim relating to Everlastly’s website shall be governed by the laws of the State of California without regard to its conflict of law provisions. Both Everlastly and you agree to arbitrate all disputes and claims between us. This includes, but is not limited to:

• Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• Claims that arose before this or any prior Agreement;
• Claims that may arise after the termination of this Agreement

The foregoing notwithstanding, either party may bring an individual action in small claims court. This arbitration agreement does not stop you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Everlastly are each waiving the right to a trial by jury or to participate in a class action.

Arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), and will be administered by the AAA. 

If you feel we are not abiding by these Terms of Service, have any questions about these Terms, or if you have any ideas for improving them, please contact us at info@Everlastly.com.