Terms of Use | EverFile

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"Thanks to EverFile I finally have control of all my information in one place, available any time."
- Melanie L.

"With EverFile I can build and present a total view of my experience and contribution value. Nothing else helps me do that."
- Courtney B.

"EverFile helps me understand what information I need to store to help my career development."
- Amelia J.

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:

1. are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, discriminatory, or otherwise objectionable;
2. 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;
3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the EverFile Service;
4. 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);
5. infringe upon proprietary rights of other individuals or organizations, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
6. are considered unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
7. 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;
8. 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;
9. 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;
10. 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
11. 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.