Terms of Use

1: SCOPE

  • Any use of this Everae Website is subject to these terms of use (“Terms of Use”). These Terms of Use may be amended, modified, or replaced by other terms and conditions, e.g., for the purchase of products and services. In accessing or using https://everaeco.com/ (“Everae Website”), these Terms of Use are accepted in their current version.
  • By entering the Everae Website, you acknowledge and agree to all terms, conditions, and rules stated in these Terms of Use. You are not permitted to use the Everae Website if you do not agree to be legally bound by the Terms of Use herein.

2: CHANGES TO TERMS OF USE

  • Everae, at its sole direction, may modify the Terms of Use from time to time. We reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on the Everae Website. The Terms of Use apply to all visits to the Everae Website, both now and in the future.
  • Check this page periodically for updates, as your continued use of the Everae Website constitutes your acceptance of and agreement to be bound by these changes without limitation, qualification, or change.

3: VIOLATIONS OF TERMS OF USE

  • In the case of any violation of these Terms of Use, Everae reserves the right to seek all remedies available by law and in equity for such violations, including suspending or blocking your access to the Everae Website.

4: INTELLICTUAL PROPERTY

  • Brand names and other contents of the Everae Website may not be changed, copied, reproduced, sold, rented, used, supplemented, or otherwise used or modified in any other way without the prior written permission of Everae.
  • Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User, nor shall any obligation be implied requiring the grant of further rights.

5: YOUR USE OF OUR EVERAE WEBSITE

  • You may not use the Everae Website for any purpose that is unlawful or prohibited by the Terms of Use or causes damage on or through the Everae Website. You promise that none of your communications with or through the Everae Website will violate any applicable local, state, national, or international law. If Everae determines that you have acted inappropriately, we reserve the right to prohibit you from using the Everae Website and take appropriate legal action.

6: HYPERLINKS

  • The Everae Website may contain hyperlinks to the web pages of third parties. Everae has no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Everae does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

7: ACCESS TO PASSWORD PROTECTED/SECURE AREAS

  • Access to and use of password protected and/or secure areas of the Everae Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Everae Website may be subject to prosecution.

8: DISCLAIMERS

  • Everae does not guarantee the accuracy of information found on the Everae Website. Your use of the Everae Website, its content, and any services or items obtained through the Everae Website is at your own risk.
  • Everae may change the programs or products mentioned at any time without notice. Any mention of non- Everae products or services is for informational purposes only and does not constitute an endorsement nor a recommendation.
  • EVERAE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THE EVERAE WEBSITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ALL INFORMATION PROVIDED ON THIS WEB EVERAE WEBSITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. EVERAE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, DATA ACCURACY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  • UNDER NO CIRCUMSTANCES WILL EVERAE AND/OR ANY OTHERS INVOLVED IN CREATING THE EVERAE WEBSITE AND ITS CONTENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE EVERAE WEBSITE OR ANY EVERAE PRODUCT, (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THE EVERAE WEBSITE, USE OR RELIANCE ON THE INFORMATION CONTAINED ON THE EVERAE WEBSITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE EVERAE WEBSITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT) OR ANY EVERAE PRODUCT/SERVICES EVEN IF EVERAE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • Some of the information on the Everae Website may contain projections or other forward-looking statements regarding future events or the future financial performance of Everae. We wish to caution you that these statements are only predictions, and that actual events or results may differ materially.

9: NO WAIVER

  • No delay or failure by Everae to enforce any of the Terms of Use shall constitute a waiver of any of our rights under the Terms of Use. Only a specific, written waiver signed by an authorized representative of Everae shall have any legal effect.

10: SEVERABILITY

  • If any clause or provision set forth in the Terms of Use is determined to be illegal, invalid, or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions of the Terms of Use.
  • The Terms of Use only apply to the use of the Everae Website and do not apply to separate agreements or policies, unless expressly provided therein.

11: PRIVACY POLICY

  • The Terms of Use should be read in conjunction with Everae’s Privacy Policy, which can be found here: https://everaeco.com/privacy-policy

12: GOVERNING LAW AND JURISDICTION

  • The Terms of Use and any disputes arising under or related to these Terms of Use and/or the Privacy Policy, or to the Everae Website will be governed by U.S. federal law and the laws of the State of Illinois, without reference to its conflict of law principles.
  • Any such dispute shall be resolved exclusively in the state or federal courts in Illinois. You agree to submit to the personal jurisdiction and venue of the courts DuPage, Illinois, 18th Judicial Circuit, for any legal proceeding involving the Everae Website, regardless of who initiated the proceeding.

13: FEEDBACK AND INFORMATION

  • Any feedback you provide at the Everae Website shall be deemed non-confidential. Everae shall be free to use such information on an unrestricted basis.