PLEASE READ THESE TERMS CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS. IN PARTICULAR, PLEASE READ THE SECTION TITLED GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION, WHICH REQUIRES ALL DISPUTES TO BE SETTLED BY INDIVIDUAL BINDING ARBITRATION. USE OF THE EVERLIVE SERVICE GENERALLY, THE COURSES CONTAINED THEREIN, OR ANY OFFICIAL MOBILE APPLICATIONS PROVIDED BY EVERLIVE OR WEBSITE RELATED THERETO (COLLECTIVELY, THE “SERVICE”) SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE.

The following Terms and Conditions of Use (“Terms” or “Terms of Use”) are applicable to the Services. Hereafter in this documentation, everLive and its affiliates, partners, representatives, employees, and contractors will be referred to as “everLive,” “our,” “us”, or “we.” Certain services of everLive are provided to you in conjunction with our service providers, and their content providers, business partners and other parties (collectively, “Service Providers”).

By using our Service, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use or visit our Service. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Service following the posting of changes to these Terms of Use (including the Privacy Policy) will constitute your acceptance to such changes. Each time you provide information to us, or we receive information from you, following any amendment to these Terms, you will be signifying to us your assent to and acceptance of the revised terms for all information already collected and information that will be collected from you subsequently.

USE OF CONTENT

Our Service contains material, such as software, text, graphics, images, video, audio and other material both related to our course offerings and otherwise (collectively, “Content”). The Content may be owned by us or may be provided through arrangements we have with others, including our Service Providers and their respective partners, our instructors, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use.

The Service is owned and operated by everLive. No Content from everLive may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without our expressed written permission. Modification of the materials or use of the materials for any other purpose is a violation of everLive’s copyright and other proprietary rights and may be subject to civil and/or criminal penalties. If you violate any part of these Terms of Use, your permission to access and/or use the Content and the Service automatically terminates and you must immediately destroy any copies you have made of the Content or face legal consequences.

The Service is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically authorized by everLive. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Service, which in everLive’s sole judgment, degrades the reliability, speed, or operation of the Service or any underlying hardware or software thereof, (iii) any use of the Service or the Content for purposes of saving the provided course material, be it audio, video, or data files, for redistribution or retention following the end of our contractual relationship and (iv) any use of the Service which is unlawful or in violation of these Terms of Use.

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.

For your information only, at the time of drafting, we contract with Stripe, Inc. for purposes of processing payments. By using the Service, you agree to consult and comply with Stripe’s terms of use and privacy policies.

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

You have fourteen (14) days from the date of purchase or initiation of a contract with everLive to determine whether the Service meets your needs (the “Trial Period”). If the Service does not meet your needs you must cancel your account (https://everlive.io/my-account) prior to the end of the Trial Period. If you fail to cancel your account before the end of the Trial Period you will be billed for the first billing cycle.

Refunds will not be provided for any subscription. We do not provide credit, refunds, or prorated billing for subscriptions that are cancelled. 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.

DISCLAIMERS

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.

MISCELLANEOUS

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.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

These Terms may be subject to change; the result of any change will be reflected on these pages.

LAST UPDATED: 3/15/2019