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1. Acceptance of Terms of Use
EverFile Systems, Inc. (“EverFile”) provides this
User Agreement to describe the terms and conditions by which you
may access and use the EverFile system and services. Please read
and accept all of the terms and conditions of this User Agreement,
and the EverFile Privacy Policy in order to become an EverFile
user. If you do not agree to be bound by the terms contained herein
you may not use or access our system or services. EverFile reserves
the right to modify this User Agreement without prior written
notice by posting amended terms on this website. All use of the
EverFile Service is governed by this User Agreement. EverFile
may refuse service without prior notice to any user for any reason.
Users who do not qualify may not use the EverFile Service.
2. Description of Service
EverFile Systems, Inc. offers an online service through this website
to enable individuals to accumulate, store and retrieve structured
data regarding their education, work, and personal information;
create and distribute data in selected formats; and access third-party
information and a variety of resources (the EverFile Service).
You understand and agree that the EverFile Service is provided
"as is" and that EverFile assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store
or communicate any user or third-party data or personalization
settings. You are responsible for obtaining access to the EverFile
Service. That access may involve third party fees (such as ISP
charges or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the EverFile Service.
3. Modifications or Discontinuation of Service
EverFile reserves the right to periodically and at any time modify
or discontinue, whether temporarily or permanently, the EverFile
Service, or any part thereof, with or without notice. You agree
that EverFile shall not be liable to you or any third party for
any modification, suspension, or discontinuance of the EverFile
Service.
4. Registration Obligations
In consideration of your use of the EverFile Service, you represent
that you are of legal age to form a binding contract and you are
not a person barred from receiving services under the laws of
the United States or other applicable jurisdiction. You also agree
to provide true, accurate, current and complete information about
yourself as prompted by the EverFile Service's registration process
(“Registration Data”) and to maintain and promptly
update your Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or if EverFile has reasonable grounds
to suspect that such information is untrue, inaccurate, not current
or incomplete, EverFile has the right to suspend or terminate
your account and refuse all current or future use of the EverFile
Service.
5. Communication
In the course of providing you services, EverFile may need to
communicate with you via email. You agree to receive emails
which are specific to your account and necessary for the normal
functioning of the EverFile Service, including but not limited
to such items as service announcements and administrative messages.
You also agree that these communications are considered
part of your EverFile subscription and you will not be able to
opt out of receiving them. Unless explicitly stated otherwise,
any new features that augment or enhance the current EverFile
Service, including the release of new EverFile products and services,
shall be subject to these terms of use.
You agree to have your name and/or email address listed in the
header of certain communications which you initiate through the
EverFile Service. You also understand and agree that the
EverFile Service may include advertisements and that these advertisements
are necessary in providing the EverFile Service.
6. Member Security
You, as the registered user, are responsible for keeping your
password and account information confidential. You are wholly
responsible for all activities that occur relative to your password
and account. It is prohibited to provide your log in information
to another person. You agree to ensure that you exit fully from
your account at the end of each session. You agree to immediately
notify EverFile of any unauthorized use of your password or account
or any other breach of security. EverFile cannot and will not
be liable for any loss or damage arising from your failure to
comply with the terms of this Section 6.
You understand that the technical processing and transmission
of the EverFile Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or
devices.
You understand that the Service and software embodied within
the Service may include security components that permit digital
materials to be protected, and use of these materials is subject
to usage rules set by EverFile and/or content providers who provide
content to the EverFile Service. You may not attempt to override
or circumvent any of the usage rules embedded into the EverFile
Service. Any unauthorized reproduction, publication, further distribution
or public exhibition of the materials provided on the EverFile
Service, in whole or in part, is strictly prohibited.
7. Fees and Service
Users who sign up for an EverFile account may take advantage of
a free 30-day trial offer or subscribe for periods of varying
duration. Discounts may be available, but EverFile does not guarantee
the availability of such discounts. EverFile reserves the right
to modify pricing of, add to, or discontinue the EverFile Service
or any portion thereof without prior notice.
8. User Conduct
You agree that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
which you enter or post on the website are the sole responsibility
of the person from which such Content originated. This means that
you, and not EverFile, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available
via the EverFile Service. EverFile does not control Content entered
or posted by you as a user to the EverFile Service and, as such,
does not guarantee the accuracy, integrity or quality of such
Content. Under no circumstances will EverFile be liable in any
way for any Content, including, but not limited to, for any errors
or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the EverFile Service.
You also agree that EverFile cannot guarantee the identity of
any user or the authenticity of any data which users may provide
about themselves. You agree that you must evaluate and bear all
risks associated with the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content.
You agree you will not use the EverFile Service for any illegal
purpose, including but not limited to conspiring to violate laws.
You agree you will not upload, post, email, transmit or otherwise
make available any materials or Content or initiate communications
which:
- are unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, discriminatory,
or otherwise objectionable;
- impersonate any person or entity, including, but not limited
to, an EverFile official, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the
EverFile Service;
- include information you do not have the right to disclose
or make available under any law or under contractual or fiduciary
relationships (such as insider information, or proprietary and
confidential information learned or disclosed as part of employment
or contractual relationships or under nondisclosure agreements);
- infringe upon proprietary rights of other individuals or organizations,
including patents, trademarks, trade secrets, copyrights or
other proprietary rights;
- are considered unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form
of solicitation;
- contain software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the EverFile Service or servers
or networks connected to the EverFile Service, or disobey any
requirements, procedures, policies or regulations of networks
connected to the EverFile Service;
- intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, regulations officially announced by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange, and any regulations having the force of
law;
- provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support
or resources) to any organization(s) designated by the United
States government as a foreign terrorist organization pursuant
to section 219 of the Immigration and Nationality Act; and
- collect or store personal data about other users in connection
with the prohibited conduct and activities set forth in the
paragraphs above.
9. International Use
You understand the global nature of the Internet, and you agree
to comply with all applicable local rules, including but not limited
to rules regarding online conduct and acceptable content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country
in which you reside.
10. Access to Website and Service
You agree not to simulate, reproduce, duplicate, copy, sell, trade,
resell, or exploit for any commercial purposes, any portion of
or any elements of the appearance or function of the EverFile
website, the EverFile Service, access to the EverFile Service,
including your EverFile I.D., or use of the EverFile Service.
You also agree not to take any action that interferes with the
proper working of or places an unreasonable load on our infrastructure,
including but not limited to unsolicited communications, attempts
to gain unauthorized access, or transmission or activation of
computer viruses.
11. Dealings with Third Parties
Your relationship or business dealings with third parties found
on or through the EverFile Service, including payment and delivery
of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are
solely between you and such third party. You agree that EverFile
shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result
of the presence of such third parties advertising on or having
links through the Service.
The EverFile Service or third parties may provide links to other
World Wide Web sites or resources. Because EverFile has no control
over such sites and resources, you acknowledge and agree that
EverFile is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge
and agree that EverFile 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 use of or reliance on any such
Content, goods or services available on or through any such site
or resource.
12. Practices Regarding Use and Storage
You understand that EverFile may establish general
practices and limits regarding use of the EverFile Service, including
but not limited to the maximum number of days that uploaded Content
will be retained by the EverFile Service, the maximum number of
email messages that may be sent from or received by an account
on the EverFile Service, the maximum size of any email message
that may be sent from or received by an account on the EverFile
Service, the maximum amount of disk space that will be allotted
on EverFile’s servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the
Service in a given period of time. You agree that EverFile has
no responsibility or liability for the deletion or failure to
store any messages and other communications or other Content maintained
or transmitted by the EverFile Service. You acknowledge that EverFile
reserves the right to log off accounts that are inactive for a
designated time after a subscription has expired. You acknowledge
that EverFile reserves the right to modify these practices and
limits from time to time.
13. Monitoring and Enforcement
EverFile reserves the right to monitor certain activities and
Content associated with the EverFile Service, but we are not obligated
to do so. We encourage all users to contact our Customer Support
Team to advise us of inappropriate Content. We may investigate
complaints and policy violations reported by our users, and we
reserve the right to take any action we believe appropriate, including,
but not limited to issuing warnings, removing Content, or terminating
accounts and/or subscriptions. We also reserve the right to take
no action of any kind. Users have the option to refrain from using
any part of the EverFile Service. EverFile will not be liable
in any way for any Content, including, but not limited to, any
errors or omissions in any Content, or any loss or damage of any
kind incurred as a result of the use of, access to, or denial
of access to any Content on the website.
14. Termination
You agree that EverFile may, under certain circumstances and with
or without cause or prior notice, immediately terminate your EverFile
account and access to the EverFile Service. Causes of such termination
shall include, but not be limited to, (a) breaches or violations
of the user terms or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletion), (d) unexpected
technical issues or problems, (e) discontinuance or material modifications
to the EverFile Service (or any part thereof), (f) extended periods
of inactivity after a subscription has expired; (g) you have engaged
in fraudulent or illegal activities, and/or (h) nonpayment of
any fees owed by you in connection with the EverFile Services.
Termination of your EverFile account includes (a) removal of access
to all offerings within the EverFile Service, (b) deletion of
your password and related information, and (c) barring further
use of the EverFile Service. Information uploaded into the system
prior to termination will be made available to the user, provided
all subscription fees have been paid up to the time of termination.
You agree that a termination for cause will be made at EverFile’s
sole discretion and that EverFile shall not be liable to you or
any third-party for any termination of your account or access
to the EverFile Service.
15. Indemnity
By accepting this User Agreement, you agree to indemnify and otherwise
hold harmless EverFile Systems, Inc., its officers, employees,
agents, subsidiaries, affiliates and other partners from any direct,
indirect, incidental, special, consequential or exemplary claim
or demand resulting from i) your use of the EverFile Service;
ii) unauthorized access to or alteration of your communications
with or through the EverFile Service, or iii) any other matter
relating to the EverFile Service. Any business transactions which
may arise between users from their use of EverFile are the sole
responsibility of the users involved.
You acknowledge, consent and agree that EverFile may access,
preserve, and disclose your account information and Content if
required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the terms of use; (c) respond
to claims that any Content violates the rights of third-parties;
(d) respond to your requests for customer service; or (e) protect
the rights, property, or personal safety of EverFile, its users
and the public.
16. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE EVERFILE
SERVICE IS AT YOUR SOLE RISK. THE EVERFILE SERVICE IS PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS.
EVERFILE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT.
EVERFILE MAKES NO WARRANTY THAT (i) THE EVERFILE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE EVERFILE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE EVERFILE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EVERFILE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
ANY MATERIAL CREATED, UPLOADED, DOWNLOADED, STORED, OR OTHERWISE
OBTAINED AND MANAGED THROUGH THE USE OF THE EVERFILE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM EVERFILE OR THROUGH OR FROM THE EVERFILE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN
OR WHILE USING THE EVERFILE SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE
NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN
YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE EVERFILE SERVICE. IMMEDIATELY DISCONTINUE USE
OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY
OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
17. Limitation of Liability
YOU, AS THE USER, EXPRESSLY UNDERSTAND AND AGREE THAT EVERFILE
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF EVERFILE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES) , RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE EVERFILE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
EVERFILE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTION 15 AND 16 MAY NOT APPLY TO YOU. IN NO EVENT WILL EVERFILE’S
TOTAL CUMULATIVE DAMAGES EXCEED US $100.
19. Trademarks
EverFile and the EverFile logo are trademarks of EverFile,
Inc. You agree not to display or use these trademarks in any manner
without EverFile’s prior written permission.
20. Claims of Copyright or Intellectual Property Infringement
EverFile respects the intellectual property of others, and we
ask our users to do the same at all times. EverFile may, at its
discretion, disable and/or terminate the accounts of users who
infringe on intellectual property rights. If you believe your
work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated,
please provide EverFile the following information: an electronic
or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property
that you claim has been infringed; a description of where the
material that you claim is infringing is located on the site;
your address, telephone number, and email address; a statement
by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
and a statement by you, made under penalty of perjury, that all
the 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 owner's behalf.
21. General Information
This User Agreement constitutes the entire agreement between you
and EverFile and governs your use of the EverFile Service, superseding
any prior agreements between you and EverFile with respect to
the EverFile Service. You also may be subject to additional terms
and conditions that may apply when you use or purchase certain
other EverFile services, affiliate services, or third-party Content.
This User Agreement and the relationship between you and EverFile
shall be governed by the laws of the State of California without
regard to its conflict of law provisions. You and EverFile agree
to submit to the personal and exclusive jurisdiction of the courts
located within the county of Santa Clara, California.
The failure of EverFile to exercise or enforce any right or provision
of the User Agreement shall not constitute a waiver of such right
or provision. If any provision of the User Agreement is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and
the other provisions of the User Agreement remain in full force
and effect.
You agree that your EverFile account is non-transferable. Rights
to your EverFile Content within your account may be acquired by
a duly authorized person upon your death, with duly executed probate
documents.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use
of the EverFile Service or the User Agreement must be filed within
one (1) year after such claim or cause of action arose or be forever
barred.
Section titles of this User Agreement are inserted for convenience
and have no legal or contractual effect.
Please send any questions or comments, or report violations of
the User Agreement to the Customer Support Group, customersupport@everfile.com.
Copyright 2006-2007 EverFile Systems, Inc.
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