Terms of Use

These Everon Website Terms and Conditions of Use (the “Terms”) govern your use of all websites that are owned or operated by Everon, LLC and our subsidiary companies (“Everon,” “we,” “us” or “our”), and which contain a link to these Terms (collectively, and together with all content, tools. Products and services available through such websites, the “Sites”). By accessing the Sites, you agree to be bound by these Terms. If you do not agree to the Terms, please exit the Site immediately and do not access any of the associated pages or materials. Please consult the Everon Online Privacy Policy for a description of our privacy practices and policies on the Sites.

We own and/or operate the Sites, and we reserve the right, in our sole discretion, to change, modify, add or remove any portion of the Sites or these Terms, whether in whole or in part, at any time and for any reason. Changes to the Terms will be effective when posted. You agree to review the Terms periodically to be aware of any changes. Your continued use of the Sites after any changes to the Terms will be considered your acceptance of those changes.

PERMITTED USE

You agree that you are authorized to visit, view and use the content and tools on the Sites for personal, informational, non-commercial purposes only. You are prohibited from duplicating, downloading, publishing, modifying or otherwise distributing, in whole or in part, any content and materials on the Sites (including, without limitation, any text and images resident on the Sites) without our express written permission. All pages and any material contained on the Sites are the property of Everon, or are owned by a third party and are used by Everon under license, and are protected by U.S. and international copyright and other intellectual property laws.

LIMITED LICENSE

We grant you a limited, non-exclusive, revocable and non-transferable license to use and access the Sites pursuant to the requirements and restrictions contained in these Terms. We may, in our sole discretion, change, suspend or discontinue any aspect of the Sites at any time. We may also impose limits on certain services or restrict access to all or certain portions of the Sites, without notice or liability. We do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit the Sites or any of their contents (including software) in whole or in part. You agree to not disrupt, interrupt or attempt to interrupt the operation of the Sites in anyway, including, without limitation, changing or deleting any proprietary notice from any materials downloaded from the Sites.

VIOLATIONS OF THESE TERMS

You understand and agree that we may, in our sole discretion, with or without prior notice, terminate your access to the Sites and/or exercise any other available remedy if we determine that you have violated (i) any provision of these Terms; (ii) our rights; (iii) the rights of third parties; or (iv) any applicable laws or regulations. You acknowledge and agree that monetary damages may not adequately compensate us for your non-compliance with these Terms, and you therefore consent to injunctive or other equitable relief in the case of such violations. You further agree that we may release certain information about you if we are required to do so by applicable laws or a valid subpoena.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Sites against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Sites violates these Terms, any applicable law or regulation, or the rights of any third party.

LIMITATION OF LIABILITY

IN NO EVENT SHALL EVERON OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS OF THE SITES OR ANY LINKED THIRD-PARTY SITES, EVEN IF EVERON IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, SITE-RELATED SERVICES AND/OR LINKED THIRD-PARTY SITES THIRD-PARTY SITES IS TO STOP USING THE SITES AND/OR THOSE SERVICES AND THIRD-PARTY SITES.

THIRD-PARTY WEBSITES

The Sites may contain links to third-party websites not owned or operated by Everon (“Third-Party Sites”) or permit a link from a Third-Party Site to the Sites. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of, the Third-Party Sites. Furthermore, such links do not imply that Everon is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the Third-Party Sites, or that any linked Third-Party Sites are authorized to use any trademark, trade name, logo or copyright symbol of Everon or any of its affiliates or subsidiaries. We make no representations or warranties whatsoever about any Third-Party Sites, or the contents thereof, that you may access through the Sites. When you access a Third-Party Site, please understand that you are doing so at your own risk and that it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Everon has no control over Third-Party Sites, and therefore is not responsible for their contents.

LINKING TO THE SITES

LINKING TO THE EVERON SITES FROM A THIRD-PARTY SITE INDICATES THAT YOU ACCEPT THESE TERMS AND THAT YOU WILL ABIDE BY THE GUIDELINES BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND AGREE TO ABIDE BY THE GUIDELINES, DO NOT LINK TO THE SITES.

By linking to the Sites, you agree that you will not:

• Replicate any of the Sites’ content;
• Frame or otherwise create a browser or border environment around the Sites’ content;
• State or imply that Everon is endorsing you, your company or business, your website or its contents, your products or your services;
• Misrepresent your or your website’s relationship with Everon;
• Present false, misleading or inaccurate information about Everon, our products or services, any of our affiliates or any of our affiliates’ products or services;
• Use Everon’s trademarks, logos or copyrighted materials without obtaining express prior written authorization from Everon;
• Include content on your website that is or could reasonably be construed as illegal, distasteful, offensive or controversial (i.e., you agree that all content on your website is appropriate for all age groups); or
• Link to an internal page of the Sites that is located one or several levels down from the home page, or bring up or present content of the Sites on another website, without obtaining express prior written authorization from Everon.

DISCLAIMER OF WARRANTIES

EVERON CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITES WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, MALWARE OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR SECURITY, ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES. THE MATERIALS AND INFORMATION CONTAINED ON THE SITES MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. EVERON DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITES. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. EVERON RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITES. EVERON MAY MAKE ANY OTHER CHANGES TO THE SITES, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED ON THE SITES AT ANY TIME WITHOUT NOTICE. THE SITES AND THE INFORMATION AND MATERIALS ON THE SITES ARE PROVIDED “AS IS” AND EVERON DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE SITES, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITES, AND EVERON SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

PRIVACY

We are committed to protecting your privacy and the confidentiality of your personal information. When you visit and navigate the Sites and when you communicate with us via the Sites, we and third parties with whom we have contracted may collect technical and navigational information (such as a catalog of the site pages you visit) and online identifiers from cookies, referrers, IP addresses, environmental variables, pixel tags, and similar technologies. For additional information, please review the Everon Online Privacy Policy and our Cookie Policy.

CHILDREN

The Sites are not intended to market any products or services to children under thirteen (13) years of age. We do not knowingly gather or solicit data from children under thirteen (13) years of age through the Sites for marketing or other purposes. By using the Sites, you represent that you are not under thirteen (13) years of age.

GOVERNING LAW

This Sites is are operated and administered from within the United States of America (“U.S.”). Use of the Sites shall be governed by all applicable Federal laws of the U.S. and the laws of the State of Florida, without giving effect to its conflict of laws provisions. In the event of any dispute or claim relating to the Sites and/or the Terms, you agree to the resolution of such dispute in the state or Federal courts located in the State of Florida, in accordance with Florida law. Any cause of action you may have with respect to your use of the Sites must be commenced within one (1) year after the claim or cause of action arises.

MISCELLANEOUS

Everon reserves the right, in its sole discretion, to terminate your access to all or part of the Sites, with or without cause, and with or without notice. In the event that any provision of the Terms are found by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so as to effect the intent of the Terms, and all remaining provisions shall otherwise remain in full force and effect. The Terms constitute the entire agreement between Everon and you pertaining to the subject matter hereof. In its sole discretion, Everon may revise these Terms from time-to-time by posting an updated version of the Terms to the Sites. You should, therefore, periodically visit the Sites to review the current version of the Terms in effect, so that you are aware of any such revisions to which you are bound.

TRADEMARK, COPYRIGHT AND PROPRIETARY INFORMATION NOTICE

The trademarks, trade names, logos, service marks, trade dress and product configurations and packaging displayed on this, and related, web sites operated by Everon, LLC and its affiliates (“Everon Web Sites”) are registered and unregistered trademarks of Everon or its affiliates, or licensed to Everon, unless otherwise indicated.

All of the content on the pages of the Everon Web Sites, the manner of displaying the pages, and all of the materials downloadable therefrom are copyright-protected intellectual property owned by, or licensed to, Everon and/or its affiliates; and may only be used for personal, informational, non-commercial purposes. The content and materials contained in the Everon Web Sites may not otherwise be copied, modified, distributed, reproduced or reused without the express written permission of Everon. In particular, any materials contained on the Everon Web Sites that are marked as, or otherwise appear to be, Everon proprietary information may not be copied or distributed in whole or in part in any form without the prior written consent of Everon.

The trademarks, content, and other materials on the Everon Web Sites are protected by the intellectual property laws of the U.S. and other countries. Everon will protect its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where warranted.