Thank you for reading Everlater's Service Agreement
This Service Agreement (“Agreement”) governs your access to and use of the service(s) (“Service”) provided by Everlater Inc. (“Everlater”, “we” or “us”) through our website (the “Site”), or through other communication platforms.
The Service provides you with the ability to share your travel stories, photos, and travel tips with your friends through our platform and through third party services (such as Facebrook and Twitter).
Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features. All such additional terms and the Everlater Privacy Policy (www.everlater.com/privacy) are hereby incorporated by reference into this Agreement.
This Agreement may be amended by Everlater from time to time. If we make material changes to the Agreement, we will notify you through the Service interface or at your primary email address, as specified in your member account information. You agree that such amended Agreement will be effective thirty (30) days after being posted or sent to you, and your continued access to the Site or use of the Service after that time shall constitute your acceptance of the amended Agreement.
THE SERVICE IS INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS THAT ARE THIRTEEN (13) YEARS OF AGE OR OLDER AND HAVE AGREED TO THIS SERVICE AGREEMENT. BY ACCESSING AND USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OLD. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Subject to the terms and conditions of this Agreement, Everlater grants you a license to access and use the Service and the software and systems enabling the server side of the Service, only to the extent necessary to use the Service as described by Everlater on the Site. Everlater reserves the right to change or discontinue the Service (or any feature thereof) at any time, with or without notice.
When you sign up to become a member, you will also be asked to choose a member name and password, which comprises your “Service Key”, or to login through a third party service like Facebook Connect (a “Third Party Service”), either of which will enable your access to the Service. You are solely responsible for any and all use of your Service Key and for maintaining the confidentiality of your Service password. You agree not to provide your Service Key to any other person or to use the Service Key of another member at any time. You must exit from your account at the end of each session. You agree to notify us immediately if you suspect any unauthorized use of or access to your Service Key.
Everlater will use industry standard efforts to maintain the confidentiality of your Service Key and the other information you provide to Everlater. Everlater will use Secure Socket Layer (SSL) technology (or comparable technology), including 128-bit encryption, to provide security for sensitive transmissions. In addition, Everlater will use reasonable technical and procedural safeguards for your Service Key stored on our computers and/or stored on the computers of our third-party service providers. Although Everlater will implement and follow these measures to protect against unauthorized access to or interception of your keys, you acknowledge and agree that Everlater (and its third-party providers) cannot fully eliminate security risks and cannot guarantee that unauthorized access to your information will never occur. We outsource our hardware needs to a third-party utility computing provider to provide the Service. As such, any security breaches or service interruptions by such provider, however unlikely, will affect our ability to provide the Service to you.
You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not use any forum available on the Service for advertising to, or solicitation of, other members to buy or sell any products or services.
You hereby represent and warrant that you have the necessary rights to access and use Third Party Services through the Site and that your use of the Third Party Services is in compliance with the terms of use applicable to such Third Party Services.
YOU ACKNOWLEDGE THAT THE THIRD PARTIES THAT PROVIDE THE THIRD PARTY SERVICES MAY, AT ANY TIME, CHANGE THE MEANS BY WHICH THEY PROVIDE THE THIRD PARTY SERVICES, AND CONSEQUENTLY, YOUR ABILITY TO USE THE THIRD PARTY SERVICES TO FACILITATE YOUR ACCESS TO THE SITE MAY BE TEMPORARILY OR PERMANENTLY DISABLED. YOU AGREE THAT EVERLATER SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU WHATSOEVER IN RELATION TO THE THIRD PARTY SERVICES OR CONTINUING USE OF THE THIRD PARTY SERVICES, AND THAT EVERLATER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE THIRD PARTY SERVICES.
You will not use any device, software, or routine to damage, interfere or attempt to interfere with any application, function, or use of the Service. You shall not decompile, disassemble, decrypt, extract, reverse engineer, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) enabling or underlying the Service. You shall not attempt to access the Service through any unapproved interface.
Everlater currently makes the Service available to you without charge, but retains the right to charge for the Service in the future, after providing reasonable notice.
Everlater owns and retains all proprietary rights in the Service. The Service contains the copyrighted material, trademarks, and other proprietary information of Everlater and its licensors. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property, including, without limitation, any intellectual property rights in any Everlater or third-party content.
You understand and agree that, to the extent it is able to do so, Everlater may (but is not obligated to): review any content, communication, information, works of authorship, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is published, displayed, or transmitted (hereinafter, "posted") on or through the Service for other members, and delete any such Content for any reason in its sole discretion. You further understand and agree that Everlater may take any action, including deletion of Content or the barring of access to the Service, in response to conduct or Content that in the sole judgment of Everlater violates this Agreement or is offensive, illegal, or violates the rights of, harms, or threatens the safety of, other members or third parties. You are solely responsible for the Content that you post on the Service.
By posting Content to any public network area of the Service ("Publicly Posted Content"), you grant to Everlater an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use or exploit such Publicly Posted Content and to prepare derivative works of, or incorporate into other works, such Publicly Posted Content, and to grant sublicenses of the foregoing rights. In addition, you represent and warrant that you have the right to grant the foregoing license and to post the Publicly Posted Content and that you will not post any illegal or Prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights).
The following is a partial list of the kind of Content that is prohibited on the Service (“Prohibited Content”), which Everlater may take into account in taking any action in its sole discretion, including actions to delete or prevent access to Content, to limit or bar access to the Site, or to terminate or limit any relationship between you and Everlater or the Site. Everlater reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision, including without limitation, removing Prohibited Content from the Service, notifying the appropriate authorities regarding and identifying the source of Prohibited Content and terminating the membership of such violators. Prohibited Content includes, without limitation, Content that:
(a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) bullies, harasses or advocates harassment of another person;
(c) includes "junk mail" or "chain letters";
(d) promotes or contains information that you know, or should know, is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(e) promotes or contains an illegal and/or unauthorized copy (“pirated”) of another person’s copyrighted work (whether marked as such, or not);
(f) contains a virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access to, the Service or Site;
(g) is obscene;
(h) exploits people under the age of 18;
(i) provides instructional information about illegal activities;
(j) undermines the quality, appeal, or usefulness of the Service; or
(k) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other members, and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You may not post, distribute, or reproduce Everlater in any way any copyrighted material, trademarks, or other proprietary information unless you have the right to do so. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. That means, at a minimum, you must provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; an identification of the location on the Site of the material that you claim is infringing; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Everlater’s Copyright Agent for notice of claims of copyright infringement can be reached by writing the following: copyright@everlater.com.
Subject to this Section, this Agreement will remain in full force and effect while you use the Service and/or are a member. You may terminate your membership at any time, for any reason by following the instructions on the “Settings” pages applicable at the time of your termination. Everlater may terminate this Agreement, or suspend or terminate your access to the Service, effective upon sending notice to you at the email address you provide in your member registration or such other email address as you may later provide to Everlater. Upon termination of this Agreement by either party, your right to access and use the Service will terminate immediately. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to our termination of this Agreement. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 9-21.
You are solely responsible for your interactions with other members. Everlater reserves the right, but has no obligation, to monitor, or take any action Everlater deems appropriate regarding, disputes between you and other members. To the extent permitted under applicable laws, you hereby release Everlater from any and all claims or liability related to: (a) any Content posted on the Service; (b) the conduct, whether online or offline, of any other member; and (c) termination or denial of access to or use of the Service.
You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE SERVICE IS PROVIDED "AS-IS" AND AS AVAILABLE AND EVERLATER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. EVERLATER DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE. EVERLATER MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU AGREE THAT EVERLATER IS NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATIONS OR PERSONALIZATION OR PREFERENCE SETTINGS. EVERLATER DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE SERVICE OR THROUGH THE TOOLS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, EVERLATER SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY LOST PROFITS, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF EVERLATER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EVERLATER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) AN AMOUNT EQUAL TO THE AMOUNTS PAID TO YOU BY EVERLATER; AND (2) FIFTY U.S. DOLLARS (US $50). THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF EVERLATER’S LIABILITY ARE (A) REASONABLE IN LIGHT OF YOUR ABILITY TO USE THE SERVICE AT THE FEES CHARGED BY EVERLATER (IF ANY), AND (B) ESSENTIAL AND FUNDAMENTAL PARTS OF THIS AGREEMENT WHICH ARE NECESSARY TO INDUCE EVERLATER TO ENTER INTO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Everlater, its subsidiaries, affiliates, officers, agents, and other partners and their employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of or relating to: (a) your use of the Service, or (b) arising from your breach of this Agreement.
This Agreement shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. If a dispute arising under this Agreement results in litigation, the non-prevailing party will pay the court costs and reasonable attorneys’ fees of the prevailing party. Any dispute between the parties will be resolved by arbitration in Denver, Colorado, under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (but excluding the Supplementary Rules for Class Arbitrations) of the American Arbitration Association (“AAA”). The parties will share the costs of the arbitration equally. The AAA will appoint the arbitrator, who will not have the power to hear any consolidation, joinder, or class arbitration. YOU EXPRESSLY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
The communications between you and Everlater use electronic means, whether you visit the Site or send us emails, or whether Everlater posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Everlater in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Everlater provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. You may also receive a copy of this Agreement by emailing us at: support@everlater.com, Subject: “Service Agreement”.
This Agreement contains the entire agreement between you and Everlater regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, the parties agree that no person or entity (including any other member) shall be deemed a third-party beneficiary of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Everlater to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
Copyright © 2009, Everlater Inc. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Service are our property or may be the property of third parties. Certain uses of Marks require the permission of the owner. If you are interested in using our Marks for any purpose, please contact copyright@Everlater.com to determine whether such a use requires authorization.
Everlater is located at 1435 Judson Drive, Boulder, Colorado 80305. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.
Everlater partners with select third parties. Partner specific additions to this Service Agreement follow. If you are using Everlater through a third party provider, you agree to follow their additions to this Service Agreement.
EF Educational Tours is not responsible for monitoring or approving the Content of travel journals and is only providing itinerary-specific information to aid EF travelers in creating their Travel Journals. EF also reserves the right to direct Everlater to remove any content deemed offensive or inappropriate in the sole judgment of EF Educational Tours. All EF travelers must adhere to these Terms of Service and respect the community guidelines.
