These Terms and Conditions constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”) and
EverBio a trading style of EverBio Ltd of 128 City Road, London, United
Kingdom, EC1V 2NX (“we,” “us” or “our”), concerning your access to and
use of the EverB.io Web Site as well as any other media form, media
channel, mobile Web Site or mobile application related, linked, or
otherwise connected thereto (collectively, the “Web Site”).
You agree that by accessing the Web Site, you have read, understood, and
agree to be bound by all of these Terms and Conditions. If you do not
agree with all these Terms and Conditions, then you are expressly
prohibited from using the Web Site and you must discontinue use
immediately.
Supplemental terms and conditions or documents that may be posted on the
Web Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes
or modifications to these Terms and Conditions at any time and for any
reason.
You may give us information about yourself when you visit the EverBio and EverBio Web Sites. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the EverBio Web Site and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.
As between you and EverBio, EverBio and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the EverB.io Web Site (collectively, “EverBio IP”). EverBio IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in EverBio IP not expressly granted to you in these Terms and Conditions are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to the EverBio Web Site or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that EverBio has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your ideas without any attribution or compensation to you.
As a user of the Web Site, you agree not to: a) systematically retrieve data or other content from the Web Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. b) make any unauthorized use of the Web Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences. c) use the Web Site to advertise or offer to sell goods and services. d) circumvent, disable, or otherwise interfere with security-related features of the Web Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Web Site and/or the Content contained therein. e) engage in unauthorized framing of or linking to the Web Site. f) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; g) make improper use of our support services or submit false reports of abuse or misconduct. h) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. i) interfere with, disrupt, or create an undue burden on the Web Site or the networks or services connected to the Web Site. j) attempt to impersonate another user or person or use the username of another user. k) sell or otherwise transfer your profile. l) use any information obtained from the Web Site in order to harass, abuse, or harm another person. m) use the Web Site as part of any effort to compete with us or otherwise use the Web Site and/or the Content for any revenue-generating endeavour or commercial enterprise. n) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Web Site. o) attempt to bypass any measures of the Web Site designed to prevent or restrict access to the Web Site, or any portion of the Web Site. p) harass, annoy, intimidate, or threaten any of our employees or producers engaged in providing any portion of the Web Site to you. q) delete the copyright or other proprietary rights notice from any Content. r) copy or adapt the Web Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. s) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Web Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Web Site. t) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). l) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Web Site, or using or launching any unauthorized script or other software. m)disparage, tarnish, or otherwise harm, in our opinion, us and/or the Web Site. n) use the Web Site in a manner inconsistent with any applicable laws or regulations.
EverBio grants you a limited, revocable, non-exclusive, non-transferable license to access the EverBio Web Site. This license does not include a right to use any of the content and information, including product listings. Our Marks Usage Agreement sets out the terms and conditions that apply to your use of our logos. Your permissions and/or licenses are automatically terminated by any unauthorized use.
The Web Site may contain (or you may be sent via the Web Site) links to other Web Site ("Third-Party Web Site") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Web Site and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Web Site accessed through the Web Site or any Third-Party Content posted on, available through, or installed from the Web Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Web Site or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Web Site or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Web Site and access the Third-Party Web Site or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any Web Site to which you navigate from the Web Site or relating to any applications you use or install from the Web Site. Any purchases you make through Third-Party Web Site will be through other Web Site and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Web Site and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Web Site.
These terms and conditions shall remain in full force and effect while you use the web site. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the web site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the web site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Web Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Web Site. We also reserve the right to modify or discontinue all or part of the Web Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Web Site. We cannot guarantee the Web Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Web Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Web Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Web Site during any downtime or discontinuance of the Web Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Web Site or to supply any corrections, updates, or releases in connection therewith.
We reserve the right, but not the obligation, to: (1) monitor the Web Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Web Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (5) otherwise manage the Web Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Web Site.
There may be information on the Web Site that contains typographical errors, inaccuracies, or omissions that may relate to the Web Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Web Site at any time, without prior notice.
The web site is provided on an as-is and as-available basis. You agree that your use of the web site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the web site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the web site’s content or the content of any web sites linked to the web site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the web site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the web site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the web site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the web site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the web site, any hyperlinked web site, or any web site or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Under no circumstances will EverBio be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the EverBio Web Site or for the unavailability of the EverBio Web Site , or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms and Conditions or your use of the EverBio Web Site , even if such damages are foreseeable, and whether or not you or the EverBio Web Site has been advised of the possibility of such damages. EverBio is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the EverBio Web Site or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. EverBio further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the EverBio Web Site inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the EverBio Web Site ; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the EverBio Web Site ; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others. You agree to limit any additional liability not disclaimed or denied by EverBio in relation to the EverBio Web Site , EverBio IP, and EverBio Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to EverBio during the three-month period immediately preceding the event that gave rise to your claim for damages, and GBP 20. These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
By using the EverBio Web Site, you agree that the laws of England and Wales, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and EverBio.
We have the right to change or add to the terms of these Terms and Conditions at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the EverBio Web Site by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms and Conditions on our website at any time.
