EverX or we, us, our, means EverX Labs Ltd, a company incorporated under the laws of the British Virgin Islands, whose registered office is at Ground Floor, Coastal Building Wickhams Cay II, Road Town, P.O. Box 2136, Carrot Bay VG 1130, British Virgin Islands.
Only persons older than 18 years of age may use the Website. Persons under 18 years of age can be users of the license only by the agreement of a parent or guardian, provided that they use the Website under parental or guardian supervision and the parent or guardian has read these Terms.
We reserve the right to make any changes to the Terms at our sole discretion. Updated Terms will be published on the Website.
IF YOU DO NOT AGREE WITH THESE TERMS IN GENERAL OR ANY PART OF IT, YOU SHOULD NOT USE THIS WEBSITE.
EverX grants you the limited, revocable, non-transferable, non-exclusive right to use the Website and the associated EverX Content and Third Party Content and you to display on your computer, download and print pages from this Website provided: (a) the copyright notice appears on all such printouts, (b) the information will not be altered, (c) the content is only used for personal, educational and non-commercial use, and (d) you do not redistribute or copy the information to any other media.
EverX content. Except as may be otherwise noted, the information, design, graphical appearance, materials, including, without limitation, text, audio, video, press releases, data sheets, product descriptions, software, code and other content and intellectual property available on or from the Website (collectively " EverX content") are the copyrighted works of EverX and/or its licensors, and EverX and/or its licensors expressly retain all right, title and interest in and to the EverX content, including and without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms, any use of the EverX content may violate copyright and/or other applicable laws.
Trademarks. All trademarks, service marks and logos included on the Website are the property of EverX or third parties, and you may not use it without the express, prior written consent of EverX or the applicable third party.
EverX is providing links to the Third party sites to you as a convenience, and EverX does not verify, make any representations or take responsibility for such Third party sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third party sites.
YOU AGREE THAT EVERX WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR THIRD PARTY CONTENT OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. EXCEPT AS MAY BE OTHERWISE EXPRESSLY STATED IN WRITING, EVERX DOES NOT ENDORSE SUCH THIRD PARTY SITES OR ANY PRODUCTS OR SERVICES ASSOCIATED THEREWITH, AND YOU AGREE THAT EVERX HAS NO LIABILITY FOR ANY DAMAGES YOU MAY INCUR IN CONNECTION WITH THE USE OF ANY THIRD PARTY SITE.
If you send or transmit any communications, comments, questions, suggestions, or related materials to EverX, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Website, Website Content or any services offered through the Website, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby grant to EverX a royalty-free, worldwide, transferable, irrevocable, perpetual license, including the right to grant and authorize sublicenses, to use or incorporate into the Website and/or any products or services any and all Feedback.
For the avoidance of doubt, EverX shall be free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, importing, having imported, licensing, marketing, distributing, reproducing, and selling, directly or indirectly, products and services using such Feedback, and otherwise exploiting in any manner such Feedback. You understand and agree that EverX is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited unless EverX and/or its licensor provides its prior written consent or the law stipulates otherwise
The entire intellectual property of the Website including EverX content and the trademarks are protected by an governing law and international legislation governing the protection of intellectual property.
Disclaimer of warranties and limitation of liability
Warranty disclaimer. THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. EVERX MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEBSITE OR ANY CONTENT. EVERX DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVERX MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY EVERX AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT EVERX SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES, INCLUDING ANY LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF EVERX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT LIMIT THE LIABILITY OF EVERX ARISING FROM GROSS NEGLIGENCE OR WILLFUL INTENT, TO THE EXTENT SUCH DAMAGES MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless EverX and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted by you or someone on your behalf, including without limitation misleading, false, or inaccurate information, or (vi) your willful misconduct.
Governing law and jurisdiction
This Agreement will be governed by the laws of England and Wales, without regard to its conflict of laws principles. All suits hereunder will be brought solely in LCIA. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any such action or proceeding in any of such courts based upon any alleged lack of personal jurisdiction, improper venue, inconvenient forum or any similar claim or defense.