You agree that by clicking “Register”, “Join Everable, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Everable (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Register” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
This Contract applies to everable.com and app.everable.com including the offsite collection of data for those Services, such as our ads and other plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”.
You are entering into this Contract with Everable (also referred to as “we” and “us”).
When you register and join Everable Service you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Everable account, which must be in your real name; and (3) you are not already restricted by Everable from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16. “Minimum Age” means 16 years old. However, if law requires that you must be older in order forEverable to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
Members are account holders. You agree to use a strong password and keep it confidential. You are responsible for anything that happens through your account unless you close it or report misuse. As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. an enterprise contract for a number of labs acquired by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
If you buy any of our paid Services (e.g. a specific paid training module) you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
You can get a copy of your purchases through your Everable account settings.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email). You agree to keep yourcontact information up to date.
Our Services allow messaging and sharing of information in many ways, such as your certificates. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information.
We are not obligated to publish any information or content on our Service and can remove it with or without notice.
Our Services allow other Members, Visitors or others (including off of the Services) to check the validity of a certificate that has been issued by the Everable. Upon entering a certificate ID the following information will be displayed: first name, last name, course name, course level, course version, dates and signatures. You hereby consent that this information will be publicly displayed when a person knows the certificate ID. Where we have made settings available, we will honor the choices you make about who can see content or information.
As between you and Everable, you own the content and information that you submit or post to the Services, and you are only granting Everable the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
By submitting suggestions or other feedback regarding our Services to Everable, you agree that Everable can use and share (but does not have to) such feedback for any purpose without compensation to you.
We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful .Everable generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse, such events.
Everable reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Everable reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services.
Everable reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Everable, and “in” logos and otherEverable trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Everable.
Everable MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW,Everable AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS Everable HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), Everable, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
Everable AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO Everable FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.
The limitations of liability in this Section 4 are part of the basis of the bargain between you and Everable and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Everable or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
Both you and Everable may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
You can contact us via any channel to close your account.
This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that Everable has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Everable may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.
For general inquiries, you may contact us via info[at]everable.com. For legal notices or service of process, you may write us at our addresses that can be obtained by contacting us.