Consumer Terms of Use

These Consumer Terms of Use (these “Terms”) are entered into by and between you and Evrnu Inc., a Washington social purpose corporation (“Evrnu,” “we,” “our,” or “us”). These Terms, together with any documents they expressly incorporate by reference, govern your access and use of this website, including any content, functionality, products and services offered on or through the website (collectively, the “Site”). Users of the Site are referred to herein as “you” or “your”.

Agreement to Terms

Please read these Terms carefully before you start to use the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not want to agree to these Terms, you must not access or use the Site.

Changes to Terms

Evrnu may modify and update the Terms at any time, in its sole discretion. If we do so, we will let you know, either by posting the modified Terms on the Site or through other forms of communication. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to be bound by the revised Terms, you must stop using the Site. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

User Eligibility

You may use the Site only if you are at least 13 years old and are not barred from using the Site under applicable law.

Accessing the Site

We reserve the right to withdraw or amend the Site, and any services or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period of time. We may restrict access to some parts of the Site, or the entire Site, from time to time. You may be asked to provide certain information when using the Site, including when you purchase or inquire about our products and services. It is a condition of your use of the Site that all information you provide on or through the Site is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy [ADD LINK TO NEW PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy [ADD LINK TO NEW PRIVACY POLICY]. 

Feedback

We welcome feedback, comments and suggestions regarding the Site and any products or services offered on or through the Site (“Feedback”). You can submit Feedback by emailing us at [email protected].  You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Intellectual Property Rights

For purposes of these Terms, “Content” means the Site and its entire contents, features, and functionality, including but not limited to all information, software, text, graphics, displays, images, music, software, video, audio, works of authorship of any kind, and other materials that are posted, generated, provided or otherwise made available on or through the Site.

Evrnu and its licensors exclusively own all right, title and interest in and to the Site and Content, including all associated intellectual property rights therein. You acknowledge that the Site and Content are protected by copyright, trademark, patent and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Content.

Trademarks

Evrnu’s name, all related names, logos, product and service names, designs, and slogans are trademarks of Evrnu or its affiliates or licensors. You must not use such marks without the prior written permission of Evrnu. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Reporting Claims of Copyright Infringement

Evrnu takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

·      Your physical or electronic signature.

·      Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.

·      Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

·      Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

·      A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

·      A statement that the information in the written notice is accurate.

·      A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is: 

Copyright Compliance

Lane Powell PC

1420 5th Ave, Suite 4200

Seattle, WA 98101

(206) 223-7000

[email protected]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Rights in Content Granted by Evrnu

Subject to your compliance with these Terms, Evrnu grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with your permitted use of the Site and solely for your personal and non-commercial purposes.

Prohibitions

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site to do any of the following:

·       Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

·       Use, display, mirror or frame the Site, or any individual element within the Site, Evrnu’s name, any Evrnu trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Evrnu’s express written consent;

·       Access, tamper with, or use non-public areas of the Site, Evrnu’s computer systems, or the technical delivery systems of Evrnu’s providers;

·       Attempt to probe, scan, or test the vulnerability of any Evrnu system or network or breach any security or authentication measures;

·       Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Evrnu or any other third party (including another user) to protect the Site;

·       Attempt to access or search the Site or download Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Evrnu or other generally available third party web browsers;

·       Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

·       Use any meta tags or other hidden text or metadata utilizing a Evrnu trademark, logo URL or product name without Evrnu’s express written consent;

·       Use the Site for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

·       Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;

·       Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

·       Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;

·       Impersonate or misrepresent your affiliation with any person or entity;

·       Violate any applicable law or regulation; or

·       Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Site or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to enforce these Terms or identify users who have violated applicable law.

Online Purchases

Additional terms and conditions may apply to purchases made through the Site for any of our products or services, which will be displayed upon submission of your order, or at any other time during the sales process, and are hereby incorporated into these Terms.

Links to Third Party Websites or Resources 

The Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination 

We may terminate your access to and/or use of the Site, at our sole discretion, at any time and without notice to you. Upon any such termination, discontinuation or cancellation, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

Except as otherwise expressly provided herein, the Site and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.

We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Indemnity 

You will indemnify and hold harmless Evrnu and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site or Content or (ii) your violation of these Terms.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EVRNU, IS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, INCLUDING THOSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR CONTENT, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EVRNU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL EVRNU’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO EVRNU FOR PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE, OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO EVRNU, AS APPLICABLE. THE EXCLUSION AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EVRNU AND YOU.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Evrnu and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Evrnu and you regarding the Site and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Evrnu and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Evrnu’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void, and of no effect. Evrnu may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Evrnu under these Terms, including those regarding modifications to these Terms, will be given: (i) by Evrnu via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Evrnu’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Evrnu. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact Evrnu at [email protected].