By agreeing to the Terms & Conditions set forth in this consent, you are herein consenting to the following procedures expressed within this agreement.
Evermore’s Site and Online Community is for informational purposes only and is not meant to serve as medical advice or to replace consultation with your physician or mental health professional. Evermore does not provide counseling or therapeutic support and we are not liable for any emotional, behavioral or physical concerns that users of our website may experience. If you or someone you know is suicidal or in emotional distress, contact the National Suicide Prevention Lifeline at 1-800-273-TALK (8255) or 988, or connect with their online chat (https://suicidepreventionlifeline.org/chat/). Trained crisis workers are available to talk 24 hours a day, 7 days a week. Your confidential and toll-free call provides crisis counseling and mental health referrals.
When you use the Services, you also consent to receive communications from us electronically via the Services, email, or otherwise.
2. USE OF THIS SITE
If you access this Site from outside of the United States, you do so at your own risk and are responsible for compliance with local, national, or international laws. In particular, you understand that this Site, the Services or both may not be available in all countries and that you are responsible for ensuring that it is lawful for you to use this Site and receive the Services in your location.
3. SERVICES AND YOUR ACCOUNT
You represent and warrant that at all times you will: (i) provide accurate, current and complete information about yourself on our registration form or otherwise; and (ii) maintain and promptly update your information (including your e-mail address).
WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.
We may remove or edit any content, or terminate your Account, for any reason. We may access, preserve, and disclose your Account for any reason, and we reserve the right to remove or edit any content, or terminate your Account.
4. MOBILE DEVICES AND MOBILE APPLICATIONS
If you use a mobile device to access Services optimized for mobile viewing, or use a mobile application, the following additional terms (“Mobile Terms”) also apply to you. Accessing Services from your mobile device and using the mobile application confirms your agreement to these Mobile Terms.
You may opt in to receive SMS text messages on your mobile device. Data received in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time, and content of your messages and other information you provide to Evermore as part of this service. We may use this information to contact you and provide the Services you request.
Evermore will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator. You are responsible for any mobile-related message or data charges, so please contact your mobile service provider for pricing and participation details.
You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Site or our Services; and (c) have full power and authority to enter into these Terms, and in doing so will not violate any other agreement to which you are a party.
6. CODE OF CONDUCT
You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Evermore’s computer systems or perform functions that these Terms do not authorize you to perform. You accept sole responsibility for all of your activities using the Site. You may not use the Site in a manner that:
- harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access content or systems of Evermore in a manner that is not authorized by Evermore;
- uses any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this Site, without Evermore’s express prior written consent;
- uses or launches any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Evermore;
- uses tools which hack or alter this Site or the Services, or that allow you to connect to this Site’s or the Services’ private binary interface or utilize any interfaces other than those provided by us to you;
- attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- attempts to gain unauthorized access to Evermore’s computer network or user accounts, including through creating multiple accounts for the purpose of sale or transfer to others;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- violates these Terms or any other Evermore policies;
- attempts to damage, disable, overburden, or impair Evermore servers or networks;
- mirrors or frames any part of this Site without Evermore’s express prior written consent;
- fails to comply with applicable third-party terms; or
- constitutes any other inappropriate conduct, as determined by us in our sole discretion.
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Site and the Services.
7. USER CONTENT
If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Evermore or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Evermore, and its licensees, successors and assigns, from any claims that you could otherwise assert against Evermore by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.
8. OUR MATERIALS
Evermore may make certain information, content, software, or other materials (including but not limited to intellectual property, database rights, graphics, designs, text, and logos) available to you from this Site or as part of our publications from time to time (collectively, the “Evermore Materials”). All Evermore Materials are protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws. If you download, access or use any Evermore Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use, unless Evermore specifically provides otherwise; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Evermore’s prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such materials. Evermore does not transfer the title or the intellectual property rights to the Evermore Materials to you, and retains full and complete title to the Evermore Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Evermore Materials without Evermore’s express permission. Evermore or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner without Evermore’s express permission. Evermore grants you a limited license to reproduce designated openly published Evermore Materials so long as (i) such Evermore Materials are reproduced in an unaltered format; and (ii) Evermore is properly identified and credited as the author, creator, and owner of such works. Evermore retains the unrestricted right to rescind or otherwise restrict this license at its sole discretion.
Unless otherwise marked or indicated, you may not publish, display, reproduce, modify, transmit, participate in the transfer or sale of, create new works from, distribute, or in any way exploit any of the Content or the Services in whole or in part unless expressly authorized by the Institute in writing. To obtain written consent to use a copyrighted work, please visit Copyright.com, search for the publications, choose from a list of licenses, and complete the transaction, or contact our Department of Communications.
This Site (including its organization, presentation and Evermore Materials) is the property of Evermore and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names and other similar rights.
The Evermore Materials are informational and educational resources. Programs, services, and goods discussed and/or marketed through the Site are not applicable to all individuals, circumstances, and personal situations.
9. Intellectual Property Infringement
Evermore respects the intellectual property rights of others, and we ask you to do the same. Evermore may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Site and/or in the Services, please provide Evermore’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or if multiple works at a single online location are covered by a single notification, a representative list of such works at that location.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Evermore to locate the material.
- Information reasonably sufficient to permit Evermore to contact you as the complaining party, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Evermore’s agent for notice of claims of copyright or trademark infringement can be reached through the Contact Information provided below.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a valid Digital Millennium Copyright Act, 17 U.S.C. Section 512 et seq. (“DMCA”) take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification, in writing, to Evermore’s designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Evermore may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Infringers
Evermore reserves the right, at its sole discretion, to terminate the account or access of any user of the Site who is the subject of DMCA or other infringement notifications.
We cannot and do not promise that the Site or the Services will be uninterrupted, secure, or error-free. We reserve the right to interrupt/suspend this Site or the Services, or any part thereof, with or without prior notice for any reason.
11. ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Site and the Services, and you shall be solely responsible for all charges and fees related thereto.
Please note that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Evermore is not liable for any damages related to communications to, or from, this Site or the Services.
12. CURRENCY OF THE SITE
Evermore cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site and the Services. We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update this Site (including the Evermore Materials) and the Services at any time, without prior notice to you.
13. LINKS TO OTHER WEBSITES AND SERVICES
This Site or the Services may contain links to outside services and resources, the availability and content of which Evermore does not control. Evermore does not assume any responsibility or liability for the actions, products, and content of these and any other websites. Any concerns regarding any such services or resources should be directed to the service or resource. The inclusion of these links does not imply that Evermore monitors or endorses these websites.
Evermore makes no warranty whatsoever to you, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site. Evermore is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Site by using the contact information in the “Contact Information” section below.
Due to technical difficulties with the Internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site or the Services. Evermore recommends that you install appropriate anti-virus or other protective software.
EVERMORE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER HARMFUL FILES OR PROGRAMS THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY FROM USING THIS WEBSITE OR THE SERVICES.
15. SEVERABILITY/NO WAIVER
16. DISCLAIMERS: WEBSITE, SERVICES AND MATERIALS PROVIDED “AS-IS”
THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE EVERMORE MATERIALS ARE PROVIDED “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS,” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. EVERMORE DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES, OR THE EVERMORE MATERIALS WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVERMORE, OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY REGARDING THE SERVICES NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SERVICES AND ITS CONTENT AND DATA MAY BE PROVIDED BY EVERMORE FROM TIME TO TIME WITHIN THE SERVICES.
Please note that some jurisdictions do not allow the disclaimer of certain representations or warranties, so the disclaimer in this Section 16 will apply to you to the extent permitted by applicable law.
17. LIMITATION OF LIABILITY
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE EVERMORE MATERIALS.
Please note that some jurisdictions limit the extent to which a party may indemnify another. As such, this provision will apply to you to the extent permitted by applicable law.
19. TERM & TERMINATION
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms shall not be given any legal import.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
21. CONTACT INFORMATION