USE OF CONTENT
DISCUSSION BOARDS, FORUMS, COMMUNICATION AND USER CONTENT
“Public Forum” means a chat area, comment section, discussion board, bulletin board, weblog, blog, posting or e-mail mailing list function offered as part of the Service. The Service may now or in the future permit, via Public Forums or other means, the submission of Content at the direction of users of the site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You shall be solely responsible for User Content you submit and the consequences of everLive’s or its Service Provider’s posting or publishing such User Content. Information, views and opinions expressed in Public Forums are the views of the person posting the message, do not necessarily reflect the views of everLive and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by everLive including, but not limited to any so-called “instructor”, “expert”, “moderator”, “editor” or other individual functioning in a similar capacity. everLive reserves the right to remove or edit Content that we believe may be offensive to our audience and/or which violates our family-oriented standards. Please be advised that because of real-time circumstance, these materials may not always be able to be removed or edited in a timely fashion.
everLive is not responsible for any unsolicited e-mail you may receive as a result of participating in any Public Forum or similar offering through the everLive Service. everLive reserves the right to terminate your ability to access any of aspect of the Public Forum for any reason and without notice.
By communicating in any Public Forum, you hereby represent that you have all necessary rights in the User Content, communications, or other information that you have provided, transmitted or sent to the Public Forum. By uploading User Content to any Public Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) everLive and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition to the foregoing licenses, you hereby grant both everLive and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials in connection with other websites that make use of services provided by everLive’s Service Providers. You warrant that all so-called “moral rights” in those materials have been waived.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
WITHOUT LIMITATION OF THE FOREGOING, EVERLIVE DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE MATERIALS FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE MATERIALS CONTAINED THEREIN.
PRIVACY ON THIRD PARTY SITES
The Service may contain links to any number of other websites, including links to various third party service providers, used for the purposes of providing information or processing your requests. everLive is not responsible for the privacy practices or the content of any of those websites. Please check those websites for privacy policies and read them thoroughly prior to using their website.
COPYRIGHT INFRINGEMENT NOTIFICATIONS
If you are a copyright holder and believe that material directly available via the Service infringes your copyrighted work, please let us know by sending a notice with the following information to CONTACT@EVERLIVE.IO:
the copyright work alleged to have been infringed;
the allegedly infringing material and information reasonably sufficient to help us locate the material on the Service;
your contact information, including at least your complete name, address, phone number and e-mail address;
a statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent or the law;
a statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
your physical or electronic signature.
Our providing of information for purposes of remedying potential copyright infringements shall not be construed as an admission of liability on the party of everLive.
THIRD PARTY PRODUCTS, ADVICE AND SERVICES
We make use of third party services for the purposes of providing the course a classroom experience. This includes but is not limited to a product for providing the WebRTC service, a service hosting the website, and a service for providing the recorded classes.
We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on or through the Service or that we make use of for purposes of providing the Service. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. We do not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the seller any and all information (particularly the price) that impacts your decision to make a purchase.
CANCELLATION AND REFUND POLICY
We have 30-day refund policy for our paid membership plans. If you sign up for a paid plan, and within the first 30 days you would like to cancel your account and receive a refund, email us at firstname.lastname@example.org with your refund request. Refund payments will not be processed if you signed up for a plan more than 30 days ago. We do not provide credit, refunds, or prorated billing for subscriptions or memberships that are cancelled. In order to receive a refund, you MUST email us at email@example.com within the first 30 days of your membership and request a refund. In a circumstance where you cancel your account mid billing cycle you will have access to the Service until the end of that billing cycle.
Merchant and service availability, price and time-related information appearing on the Service are subject to change. everLive is not responsible for any such changes and advises you to confirm all specific terms appearing on the or through the Service before acting in reliance on such terms.
Third-party products and services represented on the Service are not necessarily endorsed or recommended by everLive and everLive disclaims all responsibility regarding the performance or the use of third-party products and services. everLive does not necessarily endorse or sanction the content, products or actions of websites that are linked to or from the Service.
THE MATERIALS ON AND AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVERLIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVERLIVE DOES NOT WARRANT THAT THE COURSES CONTAINED ON AND AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVERLIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AND COURSES IN AND AVAILABLE THROUGH THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EVERLIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY AND LIMITATION OF LIABILITY
You agree to indemnify and hold everLive (and its officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or relating to your use of and access to the Service.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EVERLIVE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN AND AVAILABLE THROUGH THE SERVICE, EVEN IF EVERLIVE OR AN EVERLIVE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EVERLIVE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE.
EVERLIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS 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, everLive makes no representations or warranties about the Content provided on or through the use of the Service.
GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
These Terms will be governed by the laws of the State of California, United States, without regard to conflict-of-law principles. You agree that resolution of any dispute or claim arising out of or related to these Terms shall be subject to the exclusive jurisdiction and venue in the state and federal courts in Santa Barbara County, CA.
If you believe you have a dispute or claim against us arising out of your use of the Service or under these Terms, you agree to first discuss the matter informally with us for at least thirty (30) days. To do that, you must give us notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to CONTACT@EVERLIVE.IO.
If we are unable to resolve your concerns informally within 30 days after our receipt of your notice, you may file a claim in small claims court so long as you proceed only on an individual basis or commence an arbitration proceeding, which means YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT, HAVE A JURY TRIAL AND LEAD OR PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). For the avoidance of doubt, you agree that YOU MAY ONLY BRING CLAIMS AGAINST EVERLIVE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, you agree that no arbitrator shall consolidate any other person’s claims with your claims and may not otherwise preside over any form of a multi-party or class proceeding. You agree that the award of the arbitrator will be binding and may be entered as a judgment in any court of competent jurisdiction in the State of California. You agree that we may seek interim or preliminary relief from a court of competent jurisdiction in California, necessary to protect its rights or property pending the completion of arbitration.
You must file a demand for arbitration with the AAA within ONE (1) YEAR after the date your claim arose, or within the shortest time period permitted by applicable law. Otherwise, your claim is waived.
INTERNATIONAL USERS AND VISITORS
If you are accessing or using the Service from a jurisdiction outside of the United States, you understand and agree that such access and use shall be governed by these Terms and United States law.
By using the Service you represent and warrant that you are 16 years of age or older. Your account may be terminated without warning if we believe that you are under 16 years of age.
The Service is intended for use by adults. We do not collect any personally identifiable information from any person that are known to be under the age of sixteen (16). If we learn that we have collected personally identifiable information from such an individual, we will delete that information as quickly and as completely as possible.
Your browser may permit, or may even default, to transmitting a “Do Not Track” header to websites and online services you visit. There is currently no industry standard for what a website can, or should, do when a user transmits such a header. As a result, the Service, along with most other sites, does not recognize or modify its behavior as a result of the receipt of a “Do Not Track” header.
These Terms may be subject to change; the result of any change will be reflected on these pages.
everLive, LLC, a Delaware limited liability company (“everLive”) is the data controller for your personal information for all purposes other than payment processing.
Stripe, Inc. is the data processor for your payment processing personal information.
You control and continue to own your personal information and, accordingly, have rights and abilities as outlined below.
Generally, use of our website may require you to provide information such as your name, email address, address, telephone number, credit-card number, account password, biographical information and other relevant data. We may also provide you with the ability to upload a profile photograph. This information is used by us to identify you and provide you with support, services, mailings, sales, marketing, billing, and in order to meet our obligations to you. By using everLive, you agree that the use of your Personally Identifiable Information and Non-personally Identifiable Information is necessary to provide you with the services you are subscribing to and meet our contractual obligations to you and our instructors.
everLive may collect two (2) types of information from you: (1) Personally Identifiable Information and (2) Non-Personally Identifiable Information:
Personally Identifiable Information. Personally Identifiable Information refers to the types of information that can be used to identify or contact a single person, or to aggregate disparate pieces of information into one data picture of a single individual. The types of Personally Identifiable Information collected by everLive may include:
Contact Information. This includes but is not limited to your first and last name, company name, company address, phone number, fax number, date of birth, email address, website, social media links, etc.
Profile Information. This includes but is not limited to biographical data, your photo, place of residence, a password and any other details you provide through the user profile feature that could be used to identify you
Other information. All other information that can be used to identify a specific individual such as internet protocol (IP) addresses of European Union residents.
Instructor Information. Instructors are required to provide additional information above and beyond the aforementioned, for tax and employment purposes. This may include your Social Security Number, Internal Revenue Service Employer Identification Number (EIN), zip code, contact information, and a profile photo.
Non-Personally Identifiable Information. Non-Personally identifiable information is information that cannot be used to identify a specific individual, but we believe is nonetheless worthy of respect and reasonable protection. While everLive does analyze the Website logs to monitor the flow of traffic to the Website and make improvements to content, and those logs do contain Non-Personally Identifiable Information, no attempt to link individual log entries to specific Website visitors is made by us. The types of Non-Personally Identifiable Information collected by everLive either by virtue of your visiting the Website or through your own submission may include:
Internet Protocol (IP) address, Unique Device Identified (UDID), and protocol information;
Browser language and browser agent;
Domain Name System (DNS) requests;
Browsing history, limited only to the time spent on the domain, time and date of the visit, number of clicks, and referring link from which the user came;
Hypertext Transfer Protocol (HTTP) headers and application information, system date, full request, status, and content length;
Operating System, and/or (vii) Similar behavioral, usage, and/or device information.
How Information is Collected
everLive does not collect personally identifiable information about you through the Website without your knowledge, action or without informing you of such collection. However, your information is requested, collected and stored through your use of specific features of the Website. In the course of your visiting and interacting with the Website, we may collect Non-Personally Identifiable Information and Personally Identifiable Information about you from the following sources:
Information we receive from you through forms you complete or contacts you make with us, or information we receive from you, personally, through the use of the Website, including, but not limited to your use of the portal, email newsletter registration, the “Contact Us” form or in conjunction with any promotion. • Information we receive from your device through the use of the Website.
Information we receive from our partners, service providers, payment processors, or other members.
Information we receive from our partners in conjunction with your submission of an application for an available position.
Information we receive from other sources.
We may collect Non-Personally Identifiable Information from you, with your implicit consent by virtue of using the Website, in the following ways:
HTTP Cookies. As is true of virtually all dynamic websites on the internet, the Website uses “cookies” (i.e., a small file that the Website writes to a user’s device) to help track your usage of the Website, including what advertising you have seen and whether you have logged in. Cookies are used to “remember” settings you choose to enable on the Website and to record your browsing activity on the Website. Neither the Website, nor the cookies, can read any data off of your device outside of our cookies; this includes any cookies saved by other websites. If you wish to not receive a cookie following your visit to the Website, you must disable cookies globally or for the Website specifically through your web browser. Similarly, you can delete all of the cookies you have saved through your web browser. Consult your web browser’s documentation for assistance.
Web Beacons. A web beacon is an embedded image, usually invisible, in a website that is used purely to determine whether a user has accessed the website. The intent is to track who is reading a given website, when they are reading it, and from what device they are reading it from. The use of web beacons is commonplace, but it does mean a third party server will receive your internet protocol address, the type of web browser you are using, and the existence of any cookies previously saved to your device from earlier visits. The owner of the third party server can store all of the information, assign it a unique tracking token, and monitor your behavior on the website over a long period of time.
Unique Identifiers. Over the course of your visiting and utilizing the Website, we may assign you a unique identifier to keep track of your future visits and usage. We use the identifier to gather aggregate demographic information and form a snapshot of who our users are as a whole, and we use it to personalize the information you see on the Website and, at times, the information you receive from us via our mailing list. We keep this information purely for our own internal use, and this information is not shared with others, nor is an effort made to connect a unique identifier with an individual person’s identity.
Use of Information Collected
Information we collect and aggregate about our users is used for a few purposes:
To provide you with information regarding the products, services or offerings you request.
To improve our products, services and offerings.
To communicate with you about our products, services and offerings.
To respond to your submissions and requests.
To provide you with updates in connection with our courses or offerings after you have ceased to be a subscribing member, provided you have not specifically requested that we cease contacting you.
To respond to government subpoenas, court orders, or any other legal processes.
In addition, parts of your public profile page that contain some Personal Information may be displayed in other parts of the platform to other users for marketing purposes or if you post content in a community forum or other features on the platform that are visible to the general public. The platform allows your public profile and user uploaded photo to be included in search engines, in which case your public profile and user uploaded photo will be indexed by search engines and may be published as search results.
Status as Data Controller or Data Processor
We process Personally Identifiable Information both as a Data Processor and as a Data Controller, as defined by the GDPR.
Storage of Financial Information
The Website does not store any of your personal financial information. Processing of any financial transactions is done through Strip, Inc., in conjunction Stripe as a partner. Information submitted for the purpose of making payments is subject to the privacy policies and practices of said partner.
When Information Is Disclosed
We may share your Non-Personally Identifiable Information with third parties to illustrate Website user usage patterns for any advertisement campaigns we may run, content we produce, the Website’s functionality, and the services we provide.
We must reserve the right to disclose Non-Personally Identifiable Information and Personally Identifiable Information to shield ourselves from liability, to investigate and defend any third party claims or allegations, to assist law enforcement agencies, to protect the security of the Website, and to protect the rights, property and safety of everLive, its members and users. We cannot make any representations regarding your information in the event everLive ceases business activities, is sold, acquired or otherwise merges with another company, the Website is shut down, the server is compromised, or the domain name expires. We cannot and will not be responsible for any breach of security by any third party or for any actions of any third party on the site that, despite our best efforts, receives any of the information that is disclosed to us.
Informed Choice Non-Disclosure
Information from California Residents
California law permits California residents to request information from a business regarding the use of certain categories of Personally Identifiable information for the purposes of direct marketing. California residents that use the Website may request this information by sending an email to firstname.lastname@example.org. When requesting by email, please include your name and email used on the Website.
Information from Underage Persons
The Website is intended for use by adults. We do not collect any Personally Identifiable Information from any person that are known to be under the age of sixteen (16). If we learn that we have collected Personally Identifiable Information from such an individual we will delete that information as quickly and completely as possible.
Information from European Union Users
By using the Website and providing us with your information, you authorize us to collect your information, use and store your information outside of the European Union (“EU”). All transfers of data within the European Economic Area (“EEA”) will be done in accordance with the data processing requirements of the GDPR.
International Transfers of Information
Personally and Non-Personally Identifiable Information may be processed, stored, and used outside of the country in which you are located. Data privacy laws vary across jurisdictions, and different laws may be applicable to your data depending on where it is processed, stored or used.
Privacy on Third Party Sites
The Website may contain links to any number of other websites, including links to various third party service providers, used for the purposes of providing information or processing your requests. everLive is not responsible for the privacy practices or the content of any of those websites. Please check those websites for privacy policies and read them thoroughly prior to using their website.
“Do Not Track”
Your browser may permit, or may even default, to transmitting a “Do Not Track” header to websites and online services you visit. There is currently no industry standard for what a website can, or should, do when a user transmits such a header. As a result, the Website, along with most other sites, does not recognize or modify its behavior as a result of the receipt of a “Do Not Track” header.
Social Networking Features
From time to time the Website will contain “buttons” that link to various social networking platforms. Additionally, everLive may maintain presences on various social networking platforms, which enable you to interact with us. These interactions range from communicating directly with everLive to “sharing” or “liking” content posted by everLive.
Prizes, Promotions and Surveys
From time to time everLive may conduct surveys or hold sweepstakes, contests, or other promotions that necessitate requesting Non-Personally Identifiable Information and Personally Identifiable Information for the purposes of administering the surveys or promotions, determining the winners, and awarding prizes. everLive collects and stores this information, such as name, mailing address, date of birth, email address, and possibly additional information, in a manner that is appropriate to the sensitivity of the data and is used only to fulfill your request. The information collected for the purposes of surveys and promotions may be merged with other information everLive already knows, such as your answers to any surveys or questions sent in conjunction with the promotion.