For EverPassword.com (the Website) the following terms and conditions apply to all content, services and products available at or through the website. The ownership and operation of EverPassword.com lies with EverPassword. The terms, policies, operating rules and procedures (taken together, the Agreement) is offered for acceptance without any changes or modification to the terms and conditions included herein and that may be published from time to time by EverPassword.
Before using the Website please read the following Agreement through which you agree to be bounded by the term and condition explained here. In case you do not agree to any or all term and conditions of this agreement, you may not access the Website for any service. In case of acceptance, the terms and conditions offered by EverPassword are limited to that described in the Agreement.
The responsibility of maintaining your account security fully applies to you along with the actions and activities performed in connection with it. You are not to use your account in any misleading or unlawful manner that can harm the reputation of others. EverPassword, under full authority, can change or remove any description or keyword that it may consider unlawful or inappropriate or causes EverPassword liability. Any unauthorized use of your account or breach of security must be reported to EverPassword immediately. EverPassword does not take liability for any actions or omission that has incurred due to such inappropriate use of your account.
EverPassword, in such or similar cases of actions, has the right to remove any content that in EverPassword’ opinion is violating the terms and conditions or is harming the reputation or is objectionable according to the EverPassword policy. EverPassword may also terminate or deny access to any user or entity for the use of the Website or any of its contents. EverPassword will also not be liable to refund any previously paid amount.
EverPassword free service is intended for personal use only and any unauthorized commercial use is prohibited. EverPassword reserves the right to discontinue the subscription of the user in the event of a violation of this policy and can even suspend the privilege of a user under law and equity.
Website Visitors Responsibility
Any content posted to the Website, including computer software, is not the responsibility of EverPassword with respect to its material, content, use and effects. EverPassword does not in any way represent or endorse such material and it does not come under the policy of operating the Website. You are responsible to protect yourself and your computer systems by taking precautions for prevention from viruses, worms, Trojan horses and other harmful content. The Website may contain material posted by users that is harmful, objectionable or may violate the privacy and publicity rights or infringes intellectual property. EverPassword does not claim any responsibility for any harm that may result from use by visitors of the Website.
Contents on Other Websites
EverPassword has no association with and has not reviewed any material that is made available through other websites and web pages that provides link to the Website. EverPassword does not impose any control over these websites and web pages and, therefore, is not responsible for the content they produce neither it is endorsing such websites or web pages. The users are responsible for taking necessary measures and precautions to protect themselves and their computer systems from viruses, worms, Trojan horses and other harmful content from such websites and web pages.
Copyright Infringement and DMCA Policy
The privacy of EverPassword is to be respected in the same way as EverPassword provides respect to the intellectual property rights of others. If in any way the users think that the content located on or linked to by the Website is violating their copyright, they must notify EverPassword immediately in accordance with the EverPassword Digital Millennium Copyright Act (‘DMCA’) Policy. EverPassword is responsible to take action on such notifications appropriately by removing the infringing material or disabling such links that are violating the privacy policies. If EverPassword is notified of a user who may infringe the copyrights or intellectual property rights of EverPassword or others, then EverPassword may terminate or deny access completely to such user of the Website in its discretion. In such a case EverPassword is not liable to refund any amount previously paid to EverPassword.
All the trademarks, service marks, graphics and logos used in connection with EverPassword are its intellectual property and will solely remain with EverPassword and the Website. This agreement does not transfer any EverPassword or third party intellectual property to you in any manner and such property will remain between the parties. Third party trademarks, service marks, graphics and logos used in connection with the Website may be the trademark of other parties and EverPassword does not allow any of its user to reproduce or use any EverPassword or third party trademarks.
Changes & Disclaimer of Warranties
The right to change or modify any term of this Agreement solely lies with EverPassword. It is the responsibility of the user to check the Agreement for changes periodically and the continued use and access of the Website constitutes that the user accepts the changes. EverPassword may also offer new services and features through the Website in the future which will also be subject to the terms and conditions of this Agreement.
The warranty of the Website, expressed or implied, including, without limitation, the warranties of merchantability, particular purpose and non-infringement, is not to be implied by any suppliers, licensors or affiliate companies of EverPassword. EverPassword, its suppliers and licensors may not make any warranty that the Website will be error free and the access will be uninterrupted. The users will download from, or obtain content or services through, the Website at their own discretion and risk.
Limitation of Liability
EverPassword, its suppliers or licensors are in no event liable for (i) any special accidental or consequential damage; (ii) cost of procurement and substitute products or service; (iii) interruption, loss or corruption of data (iv)any amounts that increase the fees paid to the user by EverPassword during the twelve (12) month period. EverPassword shall also have no liability for failure or delays caused by matters beyond reasonable control.
EverPassword may terminate access to the user to all or any part of the Website at any time, with or without notice and with or without cause, effective immediately. Users wishing to terminate this Agreement or their account (if they have one) may simply discontinue the use of the Website. Users having services account can only have their access terminated, by EverPassword, if the users have materially breached this Agreement and have failed to cure the breach within thirty (30) days from Everpasword’s notice to the users, provided that the service of EverPassword is facing a complete shutdown. All provisions of this Agreement which will bypass the termination shall bypass the termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
General Representation and Warranty
The user represents and warrants that the use of the Website will stay in accordance with the EverPassword Privacy Statement, this Agreement and with all the applicable laws and regulation (including local laws or regulations in the user’s country, state, city or government area related to online conduct, acceptable content and transmission of technical data). The user shall also warrant using the Website without infringing the intellectual property rights of EverPassword or any third party.
The user agrees to indemnify and hold harmless EverPassword, its suppliers and its licensors, their respective directors, officers, employees and agents from and against any and all claims and expenses, arising out of your use of the Website, including but not limited to the violation of this Agreement.
This Agreement includes everything between EverPassword and the user concerning the subject matter hereof, and the content may only be modified through a written amendment signed by an authorized executive of EverPassword. Except through the applicable law, if any, the use of the Website will be governed by the laws of the state, excluding its conflict of law provisions.
The succeeding party shall be entitled to all costs in any action to enforce this Agreement. If any part of this Agreement is held unenforceable or invalid, that will put forth the parties’ original intent and the remaining portions will remain effective. A waiver by either party, in any instance, of the term or condition of this Agreement or breach will not waive such term or condition or any subsequent breach. The user may assign their rights under this Agreement to any party that agrees to be bound by its terms and conditions. EverPassword may also assign its rights under this agreement without condition. The Agreement will be binding upon the parties, their successors and permitted assigns.