Terms & Conditions
1. ACCEPTANCE OF TERMS
EVERWINT provides the EVERWINT Services (defined below) to you subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. By accessing and using the EVERWINT Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular EVERWINT owned or operated services, you and EVERWINT shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. EVERWINT may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
2. DESCRIPTION OF EVERWINT SERVICES
EVERWINT provides users with access to a rich collection of resources, including without limitation various communications tools, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the EVERWINT Services). You also understand and agree that the EVERWINT Services may include advertisements and that these advertisements are necessary for EVERWINT to provide the EVERWINT Services. You also understand and agree that the EVERWINT Services may include certain communications from EVERWINT, such as service announcements, administrative messages and the EVERWINT Newsletter, and that these communications are considered part of EVERWINT membership 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 EVERWINT Services, including the release of new EVERWINT properties, shall be subject to the TOS. You understand and agree that the EVERWINT Services is provided AS-IS and that EVERWINT assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the EVERWINT Services, and that access may involve third-party fees (such as Internet service provider 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 EVERWINT Services.
You understand that the technical processing and transmission of the EVERWINT Services, 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.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the EVERWINT Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the EVERWINT Services under the Canadian laws or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the EVERWINT Service's registration form (the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EVERWINT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EVERWINT has the right to suspend or terminate your account and refuse any and all current or future use of the EVERWINT Services (or any portion thereof). You must be aged 18 or over to use the Services.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the EVERWINT Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EVERWINT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EVERWINT cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not EVERWINT, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the EVERWINT Services. EVERWINT does not control the Content posted via the EVERWINT Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the EVERWINT Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will EVERWINT 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 any Content posted, emailed, transmitted or otherwise made available via the EVERWINT Services.
You agree to not use the EVERWINT Services to:
a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a EVERWINT official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the EVERWINT Service;
e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
h. upload, post, email, transmit, or otherwise make available any material that contains 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;
i. interfere with or disrupt the EVERWINT Services or servers or networks connected to the EVERWINT Services, or disobey any requirements, procedures, policies or regulations of networks connected to the EVERWINT Services, including using any device, software or routine to bypass our robot exclusion headers;
j. intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
k. 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;
l. stalk or otherwise harass another; and/or
m. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that EVERWINT may or may not pre-screen Content, but that EVERWINT and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the EVERWINT Services. Without limiting the foregoing, EVERWINT and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. 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. In this regard, you acknowledge that you may not rely on any Content created by EVERWINT or submitted to EVERWINT, including without limitation information in EVERWINT Message Boards and in all other parts of the EVERWINT Services.
You acknowledge, consent and agree that EVERWINT 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: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of EVERWINT, its users and the public.
You understand that the EVERWINT Services and software embodied within the EVERWINT Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by EVERWINT and/or content providers who provide content to the EVERWINT Services. You may not attempt to override or circumvent any of the usage rules embedded into the EVERWINT Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the EVERWINT Services, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the EVERWINT Services and transfer, posting and uploading of software, technology, and other technical data via the EVERWINT Services may be subject to the export and import Canadian laws and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations and sanctions control programs of Canada. In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the EVERWINT Services to export-prohibited parties or countries; (c) will not use the EVERWINT Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the EVERWINT Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE EVERWINT SERVICES
EVERWINT does not claim ownership of Content you submit or make available for inclusion on the EVERWINT Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the EVERWINT Services, you grant EVERWINT the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of EVERWINT Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the EVERWINT Services solely for the purposes of providing and promoting the specific EVERWINT Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the EVERWINT Services and will terminate at the time you remove or EVERWINT removes such Content from the EVERWINT Services.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the EVERWINT Services other than EVERWINT Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the EVERWINT Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the EVERWINT Services and will terminate at the time you remove or EVERWINT removes such Content from the EVERWINT Services.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the EVERWINT Services other than EVERWINT Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Publicly accessible areas of the EVERWINT Services are those areas of the EVERWINT network of properties that are intended by EVERWINT to be available to the general public.
9. CONTRIBUTIONS TO EVERWINT
By submitting ideas, suggestions, documents, and/or proposals (Contributions) to EVERWINT through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) EVERWINT is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) EVERWINT shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) EVERWINT may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of EVERWINT without any obligation of EVERWINT to you; and (f) you are not entitled to any compensation or reimbursement of any kind from EVERWINT under any circumstances.
You agree to indemnify and hold EVERWINT and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the EVERWINT Services, your use of the EVERWINT Services, your connection to the EVERWINT Services, your violation of the TOS, or your violation of any rights of another.
11. NO COMMERCIAL REUSE OF EVERWINT SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the EVERWINT Services (including Content, advertisements, Software and your EVERWINT ID) without its agreement.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that EVERWINT may establish general practices and limits concerning use of the EVERWINT Services, including without limitation the maximum number of days that email messages or other uploaded Content will be retained by the EVERWINT Services, the maximum number of email messages that may be sent from or received by an account on the EVERWINT Services, the maximum size of any email message that may be sent from or received by an account on the EVERWINT Services, the maximum disk space that will be allotted on EVERWINT's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the EVERWINT Services in a given period of time. You agree that EVERWINT 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 EVERWINT Services. You acknowledge that EVERWINT reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that EVERWINT reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO EVERWINT SERVICES
EVERWINT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the EVERWINT Services (or any part thereof) with or without notice. You agree that EVERWINT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the EVERWINT Services (or any part thereof).
You may terminate your EVERWINT account, any associated email address, phone number and access to the EVERWINT Services by submitting such termination request to EVERWINT.
You agree that EVERWINT may, without prior notice, immediately terminate, limit your access to or suspend your EVERWINT account, any associated email address and phone numbers, and access to the EVERWINT Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the EVERWINT Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the EVERWINT Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in EVERWINT's sole discretion and that EVERWINT shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the EVERWINT Services.
Termination of your EVERWINT account includes any or all of the following: (a) removal of access to all or part of the offerings within the EVERWINT Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the EVERWINT Services.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the EVERWINT Services, 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 advertiser. You agree that EVERWINT 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 advertisers on the EVERWINT Services.
The EVERWINT Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that EVERWINT 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 EVERWINT 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.
17. EVERWINT'S PROPRIETARY RIGHTS
You acknowledge and agree that the EVERWINT Services and any necessary software used in connection with the EVERWINT Services (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the EVERWINT Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by EVERWINT or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the EVERWINT Services, such Content or the Software, in whole or in part.
EVERWINT grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the EVERWINT Services. You agree not to access the EVERWINT Services by any means other than through the interface that is provided by EVERWINT for use in accessing the EVERWINT Services.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE EVERWINT SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE EVERWINT SERVICES AND SOFTWARE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. EVERWINT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. EVERWINT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE EVERWINT SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE EVERWINT SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EVERWINT SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EVERWINT SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EVERWINT SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVERWINT OR THROUGH OR FROM THE EVERWINT SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE EVERWINT 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 EVERWINT SERVICE. IMMEDIATELY DISCONTINUE USE OF THE EVERWINT SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE EVERWINT SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVERWINT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 EVERWINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE EVERWINT SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EVERWINT SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE EVERWINT SERVICE.
20. 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 SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
21. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
EVERWINT may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the EVERWINT Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the EVERWINT Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the EVERWINT Services in an authorized manner.
23. TRADEMARK INFORMATION
You agree that all of EVERWINT’s trademarks, trade names, service marks and other EVERWINT logos and brand features, and product and service names are trademarks and the property of EVERWINT Inc. Without EVERWINT's prior permission, you agree not to display or use in any manner the EVERWINT Marks.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
EVERWINT respects the intellectual property of others, and we ask our users to do the same. EVERWINT may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us.
25. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and EVERWINT and governs your use of the EVERWINT Services, superseding any prior version of this TOS between you and EVERWINT with respect to the EVERWINT Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other EVERWINT services, affiliate services, third-party content or third-party software.
Choice of Law. You and EVERWINT each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Quevec (Canada) without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and EVERWINT, shall be brought exclusively in the courts located in the county of Montreal, QC, Canada. You and EVERWINT agree to submit to the personal jurisdiction of the courts located within the county of Montreal, QC, Canada, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of EVERWINT to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your EVERWINT account is non-transferable and any rights to your EVERWINT ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 EVERWINT Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care service.
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