Terms & Conditions

Please carefully read these Terms and Conditions of Use before using this site. By using this website, you are agreeing to these Terms and Conditions. If you do not consent to all of these Terms and Conditions of Use, please do not use this site.

Everplans, ("Everplans") may revise and update these Terms and Conditions at any time. Your continued usage of the Everplans website ("Everplans.com," "Everplans Network," "Everplans Site," the "Site," or "we") will mean you accept those changes.

The Site Does Not Provide Legal or Medical Advice

All of the contents of the everplans.com website, such as text, graphics, images, information obtained from Everplans' licensors, and other material contained on the Everplans Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional legal or medical advice, diagnosis, or treatment. Always seek the advice of an attorney, your physician or other qualified health professional with any issues or questions you may have regarding a legal or medical condition. Never disregard qualified and professional legal and/or medical advice or delay in obtaining it because of information found on Everplans.

In the event of a medical emergency, always dial 911 or call a medical professional immediately. Everplans does not endorse or recommend any specific attorneys, doctors, tests, products, procedures, vendors, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Everplans, Everplans employees, persons appearing on the Site at the invitation of Everplans, or other visitors to the Site is expressly at your own risk.

The Site may contain information on subjects that might be considered morbid, graphic, or uncomfortable. If you find these materials offensive, you may not want to use Everplans.

Children's Privacy

The privacy of children is very important to us and we are committed to protecting it. Everplans is not intended to be used or to attract children under the age of 13. We do not collect personally identifiable information from anyone we know is a person to be under 13 years old.

Proprietary Rights

Everplans authorizes you to view or download the material on the Site solely for your personal, noncommercial use in the U.S. All copies of the information provided through the Site must include any trademark or copyright notices or disclaimers, and you may not remove any trademark or copyright notices or disclaimers from our or our licensor’s materials. Any special rules for the use of certain software and other items that may be accessible on the Everplans Site may be included elsewhere within the Site and may be incorporated into these Terms and Conditions by reference.

You acknowledge and agree that the Content is protected by under both United States and foreign intellectual property laws, including copyrights, trademarks, service marks, patents or other proprietary rights and laws. Title to the Content remains with Everplans or its licensors. Except as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, reproduce, distribute (via the Internet or other public computer-based information system), redistribute, create derivative works (including translating), rent or provide any information presented to you through the Site, in whole or in part, to an unauthorized party. Further, you are prohibited from using, downloading, publishing, republishing, transferring, selling, leasing, licensing, duplicating, or “scraping” for commercial or any other purpose any database, in whole or in part, in any medium whatsoever, underlying any of the Site. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice, at the editorial discretion of Everplans. All rights not expressly granted herein are reserved to Everplans and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of Everplans and Its Licensors

The use of the Everplans Site and the Content is at your own risk.

When using the Everplans Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Everplans and its suppliers. Accordingly, Everplans assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Everplans Site.

The Everplans Site and the content are provided on an "as is" basis. Everplans, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.

Without limiting the foregoing, Everplans, its licensors, and its suppliers make no representations or warranties about: the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Everplans Site or Everplans.

In no event shall Everplans, its licensors, its suppliers, or any third parties mentioned on the Everplans Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Everplans Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Everplans, its licensors, its suppliers, or any third parties mentioned on the Everplans Site are advised of the possibility of such damages. Everplans, its licensors, its suppliers, or any third parties mentioned on the Everplans Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Community Areas (as defined below).   We, our licensors, our suppliers, or any third parties mentioned within the Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. Any claims arising in connection with your use of the Site, any Content, or the Community Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Submissions

The personal information you may submit to Everplans is governed by the Everplans Privacy Policy. To the extent there is an inconsistency between this Agreement and the Everplans Privacy Policy, this Agreement shall govern.

In the event that Everplans has Community Areas of the site, you agree that you will not upload or transmit any communications or content of any type to the Community Areas (including blogs, message boards, Ask An Expert postings, user reviews of products or services, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Community Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to Everplans by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Everplans by email, you agree such submission is non-confidential for all purposes.

Neither we nor our licensors are responsible for the consequences of the submission posted by you or any other party through a Community Area, and as such, do not guarantee the accuracy, integrity or quality of such submission. You understand that by using a Community Area, you may be exposed to submissions that are offensive or objectionable. In no event will we be liable in any way for any submissions or for any loss or damage of any kind incurred as a result of the use of any submissions uploaded, posted, transmitted, emailed or otherwise made available through a Community Area.

We may (but are not obligated to) do any or all of the following without notice:

1. Record or pre-screen the dialogue through a Community Area;
2. Investigate an allegation that a communication does not conform to the terms of this section and determine in our sole discretion to remove or request the removal of the submission;
3. Remove a submission that is abusive, objectionable, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
4. Terminate your access to any or all Community Areas upon our determination that you have violated these Terms of Use.

If you make any submission to a Community Area or if you submit any business information, idea, concept or invention to Everplans by email, you automatically grant (or warrant that the owner of such content or intellectual property has expressly granted) Everplans a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Everplans may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Community Areas or to Everplans by email.

We try to answer every email in a timely manner, but are not always able to do so.

Passwords

Everplans may offer tools that allow you to record and store information and you may be required to create an Everplans account in order to access the Site. By creating an account, you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge.  You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Everplans passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Everplans account and password; (3) promptly inform Everplans of any need to deactivate a password. You grant Everplans and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Everplans cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Everplans tools and services.  

Advertisements, Links, and Searches to Other Sites

Everplans may provide links to third-party web sites. Everplans also may select certain sites as priority responses to search terms you enter and Everplans may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Everplans is not responsible for the content of linked third-party sites, sites framed within the Everplans Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites, including purchases you may make through them, is at your own risk and subject to the terms and conditions of use for such sites.

Everplans may have affiliate partnerships with third-party web sites that the Everplans Site links to. These are companies that Everplans deems vetted or trusted. Everplans may provide links to third-party web sites that Everplans has no affiliation with, in which case the products, services, or companies linked to are not endorsed or affiliated with Everplans.

Indemnity

You agree to defend, indemnify, and hold Everplans, its officers, directors, advisers, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Termination and Modification

You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Site (or any part thereof) or eliminate your account or any associated email address, and remove any information you uploaded or provided to the Site with or without notice. Cause for termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and neither we nor our licensors shall be liable to you or any third party for any termination of your account, any associated email address, or access to the Site or any portion thereof.

General

Everplans is based in New York, New York, in the United States of America with principal offices in New York, New York. Everplans makes no claims that Everplans, or any Content within the Everplans Site, is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Everplans Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions—image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Everplans, or in any way relating to your use of the Everplans Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Everplans or its affiliates, subsidiaries, employees, contractors, officers, advisers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures, and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by emailing Everplans at copyright@everplans.com and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury" you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, Everplans maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the Everplans Site, these Terms and Conditions and the Everplans Privacy Policy constitute the entire agreement between you and Everplans with respect to the use of the Everplans Site, and Content.

Thank you for your cooperation. We hope you find Everplans helpful. Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us form.

We try to answer every email in a timely manner but due to volume may not always be able to do so.

 

Updated: May 2013
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