IN ADDITION TO THESE TERMS, IF YOU BECOME A USER OF THE SERVICE, YOU AND WE WILL BE BOUND BY THE TERMS OF THE EVERSAFE TERMS AND CONDITIONS AGREEMENT WHICH INCLUDES A BINDING ARBITRATION PROVISION.
- Legally Binding Terms. These Terms set forth the binding agreement governing your use of this website. If you are a User of the Service, additional terms apply and are set forth in the EVERSAFE Terms and Conditions Agreement. By using the EVERSAFE website at www.EVERSAFE.com (“Website”), you agree to be bound by these Terms and, if a User of the Service, the terms of the EVERSAFE Terms and Conditions Agreement. Capitalized terms used but not otherwise defined in these Terms shall have the same meaning as set forth in the EVERSAFE Terms and Conditions Agreement.
- The EVERSAFE Service. The EVERSAFE service (the “Service”) may be used on your own behalf or on behalf of any individual meeting the Enrollment Requirements for whom you have sufficient authority to act in accordance with the EVERSAFE Terms and Conditions Agreement.EVERSAFE is not a consumer reporting agency and does not provide credit repair services or the services of a credit services organization or similar entity. EVERSAFE is not offering to sell, provide or perform, and does not sell, provide or perform, any service for the express or implied purpose of improving anyone’s credit record, credit history or credit rating, obtaining an extension of credit for anyone, or obtaining a delay, forbearance or other modification of an existing obligation. EVERSAFE does not provide advice or assistance with regard to the foregoing activities. EVERSAFE will not report any suspicious ACTIVITY regarding the member’s financial accounts or consumer report(s) to any consumer reporting agency or similar or related entity to the extent that EVERSAFE may obtain the member’s consumer report through one or more third party providers in connection with providing the service, a copy of the report or parts thereof may be provided to appropriate users of the service at no charge on the member’s behalf and pursuant to the member’s instruction. EVERSAFE is not a consumer reporting agency and is not selling any consumer report in connection with the service.
- Service Fees, Cancellations and Refunds. The Base Service Fee is set forth in the EVERSAFE Terms and Conditions Agreement and/or on the Website. EVERSAFE may charge additional fees if additional services are requested. All service fees shall be paid in accordance with the EVERSAFE Terms and Conditions Agreement and the Website. Services fees are subject to change at anytime and from time to time upon thirty (30) days notice.
- Changes to the Service. EVERSAFE may modify the Service and/or terms of the EVERSAFE Terms and Conditions Agreement at any time and from time to time. All such changes shall be explained on our Website and communicated by email to the appropriate User(s) of the Service. Continued use of the Service following any such change shall be deemed acceptance of the change.
- Third-Party Products and Websites. EVERSAFE may offer or provide access to products, services or websites provided by third-parties through links on our Website that users may access by “clicking” on the Website links, or through the integration of information provided by third-parties with the Service. EVERSAFE does not control or bear any responsibility for those third-party websites, including but not limited to their products or services or use by them of the personal information provided to them.
- No Representations or Warranties; Limitations of Liability. THE WEBSITE AND THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INFORMATION DELIVERED AS PART OF THE SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE.” EVERSAFE DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR ARISING OUT OF A COURSE OF DEALING OR USAGE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF COMPLETENESS, CORRECTNESS, CURRENTNESS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE WITH DATA, AVAILABILITY, ACCURACY OR THAT THE SERVICE IS ERROR-FREE.THE WEBSITE OR SERVICE MAY CONTAIN INFORMATION PROVIDED BY ONE OR MORE THIRD-PARTIES. EVERSAFE DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY SUCH THIRD-PARTIES.AS A USER OF THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL EVERSAFE BE LIABLE TO YOU, OR ANYONE CLAIMING THROUGH YOU, FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS. FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL BE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE LIMITATION, LIABILITY IS IMPOSED UPON EVERSAFE, YOU AGREE THAT EVERSAFE’S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR DAMAGES, LOSSES OR OTHER INJURIES ARISING FROM EVERSAFE’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO EVERSAFE DURING THE SIX (6) MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE FIRST EVENT GIVING RISE TO ANY SUCH LIABILITY.
- Binding Arbitration. The EVERSAFE Terms and Conditions Agreement includes a binding arbitration provision by which users of the service agree that ANY AND ALL DISPUTES that they may have with EVERSAFE regarding the service SHALL BE RESOLVED BY BINDING ARBITRATION SUBJECT TO THE FEDERAL ARBITRATION ACT AND THAT THE AGREEMENT AND EVERSAFE’S PROVISION OF THE SERVICE involves a transaction in interstate commerce.
- Trademarks and Copyrights; Limited License: As a user of this Website, you acknowledge and agree that EVERSAFE’s name, the EVERSAFE logo, page headers and other terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of EVERSAFE (collectively “Marks”).You agree you will not use any such content or Marks for any purpose. All other trademarks, service names, or logos not owned by EVERSAFE that appear on the Website are the property of their respective owners.All content included on the Website, including the Marks and any other text, graphics, logos, button items, icons, images, and data compilation (collectively, “Content”), is the property of EVERSAFE or its suppliers and is protected by United States and international copyrights laws. All software used on this site (the “Software”) is the property of EVERSAFE or its software suppliers and is protected by United States and international copyright law. Reproduction of any Content, Mark, or Software, in whole or in part, is prohibited without prior written consent.As a user of the Website, you are hereby granted, and agree to accept, a limited, personal, revocable at will, non-exclusive and non-transferable license (“License”) to use and to display the Content, and to use the Website and Software, solely for your own Personal Use or for a Permitted Business Use (each as defined below). You agree that you shall not: (i) have any other rights in or with respect to the Content, the Website and/or the Software except as set forth in this License; and/or (ii) directly or indirectly, individually or on behalf of any third party, modify, alter, decompile, disassemble, reverse engineer or attempt to copy or emulate the functionality, reverse compile or otherwise reduce to human readable form, create or attempt to create derivative works based on or derived from the Content, or in any way exploit the same (in whole or in part) for any commercial or business purpose, individually or on behalf of any third party, except for a Permitted Business Use.
For purposes of these Terms, the term “Personal Use” shall mean a non-commercial use by an individual, on his/her own behalf or on behalf of a third party, for the purpose of evaluating or enrolling in the Service. For purposes of these Terms, “Permitted Business Use” shall mean a non-competitive use in connection with a bona fide potential business relationship with EVERSAFE, including, without limitation, for the purpose of enrolling as an EVERSAFE Advisor.
The limited License granted by this Section 9 shall immediately terminate and be of no further force and effect in the event of your failure to abide by any of these Terms, including the terms of the limited License as set forth above. By using the Website, you agree that upon any such termination of the limited License: (i) you will immediately delete or destroy any Content (including any copies) in your possession and/or control, in whatever form or medium; and (ii) you will indemnify and hold harmless EVERSAFE from and against any and all losses or liability (including reasonable attorneys’ fees) incurred by EVERSAFE as a result of your breach of these Terms, including without limitation any injunctive relief sought by EVERSAFE to enforce these Terms.By using the Website, you further agree that EVERSAFE shall have the right in its sole and absolute discretion, to terminate the License for any reason or for no reason, with or without cause, at any time.
- Governing Law. Except for the arbitration provision described herein, which shall be governed by the Federal Arbitration Act, the interpretation and enforcement of these Terms shall, to the fullest extent permitted by applicable law, be governed by, construed and enforced in accordance with the laws of the State of Maryland without giving effect to any principles of conflicts of law.
- Electronic Agreement and Signature. Your use of the Website constitutes your agreement to these Terms. If you become a User of the Service, you will receive a notice concerning EVERSAFE’s intention to provide you with all notices and disclosures electronically and with any other communication electronically either on the Website or by sending the document to the email address that was provided as part of the Enrollment process. If you do not agree to receive the notices and disclosures electronically, you cannot enroll as a User of the Service.
- Contact EVERSAFE for More Information: If you have any questions or require additional information, you may submit your question or request through the Website using the “Contact Us” link.