Terms and Conditions

The Everywon Web Site may contain bulletin board services, chat areas, news groups, forums, communities, team webpages, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Everywon has no obligation to monitor the Communication Services. However, Everywon reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Everywon reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Everywon reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Everywon's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Everywon does not control or endorse the content, messages or information found in any Communication Service and, therefore, Everywon specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Team Owners, Team Captains, Official Causes, and hosts and managers of the Communication Services are not authorized Everywon spokespersons, and their views do not necessarily reflect those of Everywon.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO EVERYWON OR POSTED AT ANY EVERYWON WEB SITE

Everywon does not claim ownership of the materials you provide to Everywon (including feedback and suggestions) or post, upload, input or submit to any Everywon Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Everywon, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Everywon is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Everywon's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EVERYWON WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EVERYWON AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EVERYWON WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE EVERYWON WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

EVERYWON AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE EVERYWON WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EVERYWON AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVERYWON AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EVERYWON WEB SITE, WITH THE DELAY OR INABILITY TO USE THE EVERYWON WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EVERYWON WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE EVERYWON WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EVERYWON OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EVERYWON WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EVERYWON WEB SITE.

SERVICE CONTACT : info@everywon.org

TERMINATION/ACCESS RESTRICTION

Everywon reserves the right, in its sole discretion, to terminate your access to the Everywon Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, and you hereby consent to the exclusive jurisdiction and venue of courts in Lafayette County, California in all disputes arising out of or relating to the use of the Everywon Web Site. Use of the Everywon Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Everywon as a result of this agreement or use of the Everywon Web Site. Everywon's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Everywon's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Everywon Web Site or information provided to or gathered by Everywon with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Everywon with respect to the Everywon Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Everywon with respect to the Everywon Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

INDEMNITY

You agree to indemnify, defend, and hold harmless Everywon against all claims, liabilities, losses, expenses, damages, and costs (including reasonable attorneys’ fees) that arise from: 1) any violation of this Terms of Use agreement by you; 2) any violation of any rights of a third party by you; 3) any violation of any applicable law by you; 4) information or content that you submit, post, transmit, or make available through the Everywon Web site; or 5) use of our Web site. 

COPYRIGHT AND TRADEMARK NOTICES:

Copyright and Trademark Notices: 

The materials available through this website and other websites owned or provided by Everywon (individually and collectively, the “Web site”) are the property of Everywon or its licensors, and are protected by copyright, trademark and other intellectual property laws. You may view, copy and print pages from the Web site only for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Web site without the prior written approval of Everywon.

Copyright Notice: 

© 2017 Everywon. All rights reserved. 

Trademarks: 

Everywon logo and our other logos and trademarks are the exclusive intellectual property of Everywon and may not be used without our written permission. 

The names of other companies, products and services are the property of their respective owners.

All rights reserved. 

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Everywon respects the intellectual property rights of others and is committed to complying with the U.S. copyright laws, including the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet. 

Pursuant to DMCA section 512(c)(2), you may submit a written claim for copyright infringement to Everywon’s Copyright Agent. The notice must include the following information as required by DMCA section 512(c)(3): 

      (i)    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
      (ii)   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 
      (iii)  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 
      (iv)  Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 
      (v)   A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 
      (vi)  A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

The Copyright Agent should only be contacted with respect to copyright-infringement matters. The Copyright Agent will not respond to general inquiries.

Counter Notification to Claimed Copyright Infringement 

If a copyright notice has been wrongly filed against you as a result of mistake or misidentification of the material, you may file a counter notification with Everywon’s Copyright Agent. The counter notification must provide the following information: 

      (i)    Physical or electronic signature of the subscriber;
      (ii)   Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 
      (iii)   A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
      (iv)  The subscriber’s name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person. 

Copyright Agent:

Everywon Inc.
1061 Carol Lane,
Lafayette, California 94549