TABLE OF CONTENTS
- AGREEMENT & ACCEPTANCE OF TERMS
- COOKIES POLICY
- REGISTRATION INFORMATION & MEMBERSHIP ACCOUNT
- SERVICE FEES & CHARGES
- BILLING FOR SERVICES & PAYMENT METHODS
- TERM OF SUBSCRIPTION MEMBERSHIP
- TERMINATION & SUSPENSION OF SUBSCRIPTION MEMBERSHIP
- CANCELLATION & REFUNDS
- MEMBERSHIP ACCOUNT, PASSWORD SECURITY
- ELECTRONIC COMMUNICATION POLICY
- LICENSE TO USE WEBSITE
- USE OF THIRD-PARTY PAYMENT SERVICES
- THIRD-PARTY EXTERNAL WEBSITES & THIRD-PARTY APPLICATIONS
- USER DISPUTES
- GIFTS & PROMOTIONS
- CUSTOMER SERVICE
- USE OF INFORMATION SUBMITTED
- INTELLECTUAL PROPERTY
- DIGITAL MILLENNIUM COPYRIGHT ACT (DCMA) NOTIFICATIONS
- ENFORCEMENT OF ACCEPTABLE USE POLICY
- LIMITATION OF LIABILITY
- EVENT OF FORCE MAJUERE
- ENTIRE AGREEMENT
- WAIVER & SEVERABILITY
- CUMULATIVE RIGHTS
- GOVERNING LAW & VENUE
- NO THIRD-PARTY BENEFICIARIES & CLAIM LIMITATION
- DISPUTE RESOLUTION & MANDATORY ARBITRATION
- CONTACT INFORMATION
AGREEMENT & ACCEPTANCE OF TERMS
Welcome to EverlastingLife.com, LLC. (EverlastingLife). Our goal at EverlastingLife is to provide you with the (EX. ability to memorialize your loved ones in one place) (COMPANY MISION STATEMENT / SUMMARY STATEMENT HERE).
After enrolling in a Service Plan with our Company and creating a Member Account as part of a purchase, you will be able to view and/or hear an assortment of video, audio, data, interactive, and other content, depending on the actual Service(s) you purchased.
These Terms apply to all Users, Members, and any other visitors who access or use this Site or Service. “Use” of or “using” this Site or Service incudes, without limitation, navigating to or between our webpages, clicking any items on webpages, inputting information, or subscribing to or partaking in our Service in any way.
These Terms constitute a binding legal agreement between you and the Company. By using our Company’s Service and Site, you are confirming that you are at least 18 years of age and are legally eligible to enter into a binding legal agreement. You warrant that you have full authority and capacity, legal or otherwise, to use the Site and Services.
You CANNOT become a Member of any Subscription Service Plan if you DO NOT ACCEPT ALL TERMS. Any new subscription requests received by our Company will not be processed until the potential new Member has agreed to the Terms and checked the box “ACCEPT” when completing registration. Any new Member will not be enrolled into the Service, and the Service will not be activated until the new Member has agreed and chose to ACCEPT the Terms.
Our Company reserves the right to modify, add to, restate, suspend, or terminate all or part of the Site or Service at any time with or without providing prior notice to Members or Users. This includes the right to create limits on Members’ use of the Service. You agree we are not liable to you or any third-party for using or enforcing the rights stated in this paragraph. Unless we otherwise indicate, any future modifications to the Site are subject to these Terms. All modifications shall be effective immediately upon being posted on our Company’s Site.
We will endeavor to post prior versions (including marked changes) of the Terms, if any, for the preceding 12-month period. You can view prior versions here.
REGISTRATION INFORMATION & MEMBERSHIP ACCOUNT
The basic account fees (“Service Fees”) shall be provided at the rates set out on EverlastingLife’s Pricing Page at the time of registration, plus any applicable taxes that may apply. The Company may from time to time modify the Service Fees, including offering promotional rates under these Terms. Current Service Fees can be found here.
If for any reason payment is not effected through the Member’s credit or debit card and payment becomes past due, the Company will contact the Member via email on file to notify Member that the current listed payment method has failed, and to provide a different payment method. The Company will notify the Member via email that the Service has been terminated for non- payment. Members are responsible for any fees, including late fees, collection fees, and attorney fees that the Company may access or incur in its efforts to collect any amounts due and owing.
BILLING FOR SERVICES & PAYMENT METHODS
Service Fees shall be paid credit or debit cards, or other means as may be printed on invoices or posted on our website. Billing may be made by a third party, and payments are processed through a secure third-party website. Members shall pay their initial Service Fee in advance, at times and rates set out in the pricing plan. The Company reserves the right to change the billing process upon providing the Member with 30 days’ notice in writing via email on record.
TERM OF SUBSCRIPTION MEMBERSHIP
The term of the initial Service Plan shall be for one (1) full year from the date of registration. The Service shall discontinue at the end of one calendar year from registration date, unless the Member takes steps to renew their Service Plan for an additional term. After one full year, Members may renew their plan on a month-to-month basis, for a monthly fee.
TERMINATION & SUSPENSION OF SUBSCRIPTION MEMBERSHIP
Our Company has the right to suspend, restrict, or terminate a Member’s use of the Service and to refuse any future use of all Service if our Company has reason to believe that the Member has failed to comply with these Terms, or has failed to make necessary payments for service. Additionally, a Member has the right to terminate their account and the Service at any time by notifying the Company through the listed Contact Information available on the Site. If you or the Company terminates the Agreement or if the Company suspends your access to the Service for cause such as non-compliance with Terms or failing to pay a Service Fee, you agree that our Company shall have no liability or responsibility to you and the Company will not refund any amounts that would have already been paid, to the fullest extent of the law.
Once a Membership Plan is purchased, the initial cost (the “Service Fee”) is deemed completely earned and fully payable to EverlastingLife.com, LLC. The Service Fee is fully payable and nonrefundable for the entire duration of the Service Plan, regardless of how many times a Member accesses their Account and uses the Service during the Service period. Members understand that they are paying for the right to have an Account with unlimited access to the Service, regardless whether they choose to regularly access and use the Service.
A Member has a right to cancel their subscription to the Service Plan at any time throughout the Service’s duration. To do so, Member needs to contact the Company directly via the information provided on the Contact page of this Site. However, a Member is not entitled to a refund, partial or full, for the Service just by cancelling their subscription to the Service.
Full refunds may only be available to a Member who has recently signed up for the Service, but has chosen cancelled the Service within seven (7) days of registering on this Site. A Member who cancels within this 7-day period may be entitled to the entire amount of the Service Fee paid minus a processing fee. However, our Company reserves the exclusive right to refuse any refund request of the Service fee, even within the first seven (7) days of service if we suspect that the Member has copies, recorded, scraped, or otherwise illegally recorded or replicated our content. Our Company will assess any request for a refund in this time period, and we will review what content has been viewed by the Member making the refund request to determine if they would qualify for a refund based on content viewing in this seven (7) day period. Outside of this 7-day period, generally, no refunds will be issued. However, there may be limited exceptions, which will be assessed on case-by-case basis. Please contact us here to make any refund requests.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Prior to receiving full access to all of our Site’s Services, you will be required to provide certain personal information determined by us to be necessary to register as a Plan Member. You will be required to create login credentials, comprised of a username/email address and a password (“Login Credentials”). These Login Credentials will enable you to fully access our Service. The Member who created the Account, and whose Payment Method is charged is considered the Member of the Service(s).
You may never use another Member’s account, and you may not provide another person with your login credentials.
You are fully responsible for any and all activities that occur under your account. While you should not provide anyone else with your Login Credentials, if you do share your Login Credentials, you agree to be responsible for assuring that anyone you willingly allow to use your Account complies with these Terms.
If you believe that your Account has been accessed by anyone other than you or someone you have authorized, you agree to immediately notify our Company of such unauthorized use of your Account or any other suspected or known breach of security. You are responsible for updating and maintaining the truth and accuracy of the information provided to our Company relating to your Account.
Please be aware that if you share or otherwise make your Account available to any third-party unintentionally, such as by forgetting to log out of your Account on a shared or public device, then such third-party(ies) may be able to gain access to any and all information contained in your Account, including personal information, billing information, settings, and other preferences. You agree to ensure that you properly exit from your Account at the end of each session when accessing the Service from shared or public devices. Our Company will not be liable for any loss or damage arising from your failure to comply with this Section.
ELECTRONIC COMMUNICATION POLICY
Members consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, have the same legal effect and satisfy any legal requirements that such communications would satisfy if provided to you in a written hardcopy.
Members may choose to opt-in to receive certain promotional emails from our Company. Members may at times exercise their option to stop receiving these emails, whether wholly or in part by selecting the “Unsubscribe” link at the bottom of these promotional emails. Members are not required to opt-in to promotion emails in order to remain a Member of the Service.
Subject to these Terms, you are granted a personal, non-commercial, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Site. You must use this license only in the manner permitted by these Terms for the sole purpose of using and enjoying the benefit of the Service provided by the Site. This limited license to access the Content on our Site and Service is available on a streaming-only basis. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You agree not to use the service for public performance.
USE OF THIRD-PARTY PAYMENT SERVICES
This Site contains certain services and functions provided by Third Parties, such as, but not limited to, payment sites, including Stripe and Paypal. To help provide these services and functions, Members and Users agree that the Company may share their information to Third-Parties as needed to provide such services and functions.
THIRD-PARTY EXTERNAL WEBSITES & THIRD-PARTY APPLICATIONS
The Site may provide links to other sites for your convenience. These other sites are maintained by Third-Parties over which the Company exercises no control. The appearance of any such Third-Party links is not intended to endorse any particular company or product. If you decide to access any of the Third-Party sites linked to the Site, you do so entirely by your own choice and at your own risk.
While using our Service, you may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (the “Application(s)”) that interact and connect with our Service. These Applications may import data related to your Account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and our Company is not responsible for such Application. These Applications are owned and operated by third-parties that are not related with or sponsored by our Company and may not be authorized for use with our Service in all countries. If you deiced to access any of these Applications, you do so entirely by your own choice and at your own risk.
The Services provided may include advertisements, some of which may be targeted based on the type of information on the Site, queries made, or other information, whether submitted by you or others. The types and amount of advertising on the Site or through the Services is subject to change. The inclusion of advertisements on the Site does not imply endorsement of the advertised products or services. The Company shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the Site. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
You agree that you are solely responsible for your interactions with any other user in connection with the Service. Our Company will have no liability or responsibility with respect to any user disputes. Our Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Our Company may offer Gift Subscriptions for purchase on our Site. Your Payment Method will be charged for any purchased Gift Subscriptions. Gift Subscription Purchases are subject to these Terms.
Our Site may offer Promotions, Promotional Rates, and Promotional Codes from time to time. These Promotions may be redeemed on our Site. Promotions can only be used once and cannot be redeemed for cash, resold, or combined with any other offers, including any free trials. If you received a Promotion through an offer by a third party, additional restrictions may apply.
If Members have general questions, our Site maintains a “Frequently Asked Questions” (FAQ) section that is searchable for common question topics, and provides answers and assistance to Members. If you cannot find a specific question and answer in our FAQ section, you may reach out to us via email here. In addition, you can visit our Facebook page here, where you may also post your questions for review and response by a Company representative.
Our Company is free to use any comments, suggestions, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (the “Feedback”). This Feedback may include, but is not limited to, responses to emails, surveys, questionnaires or through postings to the Site or other interfaces. You agree that any Feedback provided is deemed non-confidential, and our Company will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, including, but not limited to, developing, manufacturing and marketing products and creating, modifying, or improving the Service. You agree that the Company may use this Feedback without further compensation, acknowledgment or payment to you.
In addition, you agree not to enforce an “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please not that our Company does not accept unsolicited materials, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us. Should you send us any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against our Company and its affiliates regarding the use of such materials and ideas, even if the material or an idea is used that is substantially similar to the material or idea you sent.
You acknowledge and agree that the Service may contains content or features (the “Service Content”) that are or may be protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by our Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, record, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your any of your own User Content that we may permit you to legally upload to the Service.
In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by our Company from access to the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g. by masking your IP address or using a proxy IP address, or VPN). Any use of our Service or the Service Content other than as specifically authorized herein is strictly prohibited.
The technology and software underlying the Service or distributed in connection therewith are the property of EverlastingLife.com, LLC., our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by our Company.
Any formally registered patents or trademarks at this time?
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTIFICATIONS
- Notification of Infringement
Our Company takes copyright infringement seriously, and it is our policy is to respond to all clear notices we receive that comply with the Digital Millennium Copyright Act (DCMA). If you are a copyright owner or an agent acting on behalf of a copyright owner, and you believe any content being hosted our Site is infringing on your copyright, then you may submit a notification to us pursuant to the DMCA. Pursuant to 17 USC Section 512(c)(3), your notification should be a written communication, and your notification you should include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on our Site are coved by a single notification, a representative list of such works at our Site
- 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 person our Company to locate the material
- Information reasonable sufficient to permit our Company to contact you, such as an address, telephone number, and if available, an electronic mail address with you may be contacted
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty or perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under 17 USC 512(f), any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Please submit all written DMCA Notifications here:
(Mailing Address C/O & Email Address Where you Wish Notification to be Sent)
If you believe that your User Content that was removed, or to which access was disabled, is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to our Company:
- You physical or electronic signature
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
- A statement that you have a good faith believe that the content was removed or disabled as a result of a mistake or misidentification of the content
- Your name, address, telephone number, and electronic mail address, a statement that you consent to the jurisdiction of the federal court located within Tennessee
- A statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Company, we will send a copy to the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, Member or User, the removed content may be replaced, or access to it may be restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
- Repeat Infringer Policy
In addition to investigating all alleged copyright infringements, our Company will promptly terminate without notice any Accounts of our Members who are determined to be ‘Repeat Infringers’ of other’s copyright protected works. A Repeat Infringer includes, without limitation, a user who has been notified by our Company of infringing activity violations more than twice and/or who has had the Content removed from the Site more than twice. Our Company, at our sole discretion, may also limit access to the Site’s Services and/or terminate the Account of any Member or user who infringes on any intellectual property rights of others, whether or not there is any repeat infringement.
ENFORCEMENT OF ACCEPTABLE USE POLICY
The Company reserves the right to review and investigate your use of the Site and to take any appropriate action against you that is determined to be necessary in our sole discretion should you violate these Terms or otherwise create liability, loss, or damage for us, our Site visitors, users, Plan Members, or a third party. Such action may include, but is not limited to, suspending or terminating your user account, banning your use of our Site, initiating legal proceedings to recover any losses incurred as a result of your violation of these Terms, and reporting you to law enforcement authorities.
OUR COMPANY’S SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE AND SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, QUALITY, SATISFATION, AND NON-INFRINGEMENT. THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE SITE, ITS CONTENTS, OR THE SERVICE WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES, OR OTHER HARMFUL CODE, LEGAL OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
OUR COMPANY DOES NOT TAKE ANY RESPONSIBILITY WHATSOEVER OR OTHERWISE WARRANT THE PERFORMANCE OF ANY DEVICE, INLUDING THE CONTINUING COMPATIBILITY OF THE DEVIDE (OR ITS OPERATING SYSTEM) WITH ANY OFF OUR SERVICES, OR ANY INTERNET CONNECTION, INCLUDING ITS SPEED, BANDWIDTH, OR COMPATIBLITY WITH ANY DEVIDE OR OUR SERVICE. FURTHERMORE, WE DO NOT MAKE ANY PROMISES ON BEHALF OF ANY THIRD PARTY, INCLUDING THE OTHER CONTRIBUTORS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY PROMISEES MADE BY USE RELATED TO SUCH PARTIES OR THE PRODUCTS AND SERVICES PROVIDED BY THEM.
IF YOU USE THIS SITE AND SERVICE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DO SO AT YOUR OWN AND SOLE RISK. THE COMPANY ASSUMES NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE SITE, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE SITE AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS.
OUR COMPANY DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (V) ANY INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED; OR (VI) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
NEITHER OUR COMPANY NOR ANY OTHER CONTRIBUTOR MAKES ANY WARRANT WHATSOEVER THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR REASONABLE SATISFICATIONS; (ii) THE SERVICE WILL ALLOW YOU TO COPY, RECORD, VIEW, SKIP, OR TRASNFER ANY PARTICULAR MEDIA, PROGRAMMING, OR PART THEREOF, OR PROVIDE OR CONTINUE TO PROVIDE ANY OTHER PARTICULAR FUNCTIONALITY; (iii) THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR DATA-THROUGHPUT RATE; OR (iv) INFORMATION RELATED TO YOUR ACCOUNT OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
OUR COMPANY MAY RECOMMEND CERTAIN LEVELS OF INTERNET CONNECTION FOR USE WITH OUR SERVICES; PROVIDED, HOWEVER, THAT YOU HEREBY AGREE AND UNDERSTAND THAT OUR COMPANY WILL HAVE NO RESONSIBILITY WHATSOEVER FOR YOUR INTERNET CONNECTIVEITY AND OUR COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABLITY OR PERFORMANCE OF ANY INTERNET CONNECTIVITY, INCLUDING THE SPEED, BANDWIDTH, COMPATIBILITY, SUFFICIENCY, EQUIPMENT, OR DELIVERY OF ANY INTERNET CONNECTION OR THAT ANY CERTAIN INTERNET CONNECTIVITY WILL IMPROVE OUR SERVICE(S).
PLEASE BE AWARE THAT CERTAIN ASPECTS OF OUR SERVICE MAY REQUIRE THE USE OF ADDITIONAL DATA, AND THAT ANY INCREASED COSTS, FEES, OR OTHER AMOUNTS DUE TO BE PAID BY YOU AS A RESULT OF ANY INCREASE IN USAGE (EG USAGE IN DATA) IN CONNECTION WITH THE SERVICES WILL BE YOUR SOLE RESPONSIBILITY.
YOU AGREE THAT OUR COMPANY HAS NO OBLIGATION WHATSOEVER TO REPLACE OR SUPPLMENT ANY SERVICES, OR PORTION OF ANY SERVICE(S) THAT WE CHANGE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT, OR ANY OTHER DISCOUNT, COMPENSATION OR ANY OTHER AMOUNT PAID BY YOU TO RECEIVE REPLACEMENT, SUPPLEMENTAL OR ALTERNATE SERVICES, AS A RESULT OF ANY CHANGE TO OUR SERVICE(S).
ANY MEDIA, SOFTWARE, OR OTHER MATERIAL OR CONTENT ACCESSED, VIEWED STREAMED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU OR YOUR PROPERTY OR DEVICES IN CONNECTION WITH SUCH ACTIONS.
IF APPLICABLE LAW REQUIRES, ANY WARRANTIES WITH RESPECT TO THE SITE OR SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUR COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING OR ARISING FROM (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (IV) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. THE COMPANY’S LIABILITY, IF ANY, ON ANY CLAIM FOR DAMAGES ARISING OUT OF THE SERVICES PROVIDED SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT WHICH HAS BEEN PAID TO THE COMPANY FOR THE SIX MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM ARISES. NO ACTION ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE DATE ON WHICH THE CLAIM ARISES. YOU AGREE THAT OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICE. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OR LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE.
You agree to indemnify, defend, and hold harmless EverlastingLife.com, LLC and its subsidiaries, offices, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from and against all losses, liabilities, expenses, damages, and costs, including but not limited to, reasonable attorney’s fees, resulting from any violation of these Terms by you or any harm you may cause to anyone, or from any claim or disputes by a third party arising out of your use of the Site, violation of these Terms, violation of applicable law, or your posting, modifying, or otherwise transmitting content through the Site or Service. The Company reserves the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims and disputes, and you agree not to settle any such claims or disputes without our prior written consent. The Company will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.
Failure of Company to comply with the standard operations of this Service, if occasioned in whole or in part by an “Event of Force Majeure” shall be excused by the Member. In the situation where an Event of Force Majeure occurs, all Members agree that our Company shall have no obligation to perform the Service or any of its functions. Our Company shall have no liability whatsoever arising out of and in connection with any Event of Force Majeure as defined below.
Under these Terms, an “Event of Force Majeure” means any event completely beyond the control of the Company, that the Company could not have prevented consequences, that can occur with or without human intervention, and could not have reasonably been foreseen by either party, which ultimately prevents the Company from complying with its obligations.
An “Event of Force Majeure” can include any of the following, without limitation: (1) Acts of God, such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, floods, hurricanes, tornadoes, or other adverse weather conditions, (2) Civil Unrest, such as Wars (whether formally declared or not), riots, rebellions, revolution, civil insurrection, sabotage, acts or threats of terrorism, including cyber terrorism, and (3) Labor Issues, such as strikes, movements, staff or supply shortages. This list is non-exclusive, and may include other reasonable events that would likely qualify as such under any of these categories.
If we send you notice by mail, it will be considered given the day after it is deposited in the US mail, addressed to you at your physical address of record as then-currently stated in our records. If we send you notice to your personal e-mail or through your Account email, including notice directing you to changes published on our Website, such notice will be considered given upon sending to your e-mail address of record as then-currently stated in our records and associated with your Membership Account or upon sending to your Account. If we give you notice by telephone, it will be considered given when personally delivered to you or when left as a message at your phone number of record as then-currently stated in our records.
These Terms represent the entire and exclusive agreement between you and EverlastingLife.com, LLC regarding your use of the Site and Service, superseding and replacing all previous agreements, whether written or oral. You may also be subject to additional terms and conditions or separate agreements regarding specific Services we provide, partner, or affiliate services, use of Third-Party resources, or any purchases you may make through the Site. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
EverlastingLife.com, LLC has a right to enforce any and all of these Terms. The Company’s failure to enforce any right or provision described in these Terms will NOT operate as a waiver of such right or provision.
If any provision of these Terms or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms. However, the remaining provisions will continue to be valid and enforceable according to the intentions of the Company and User or Plan Member, and to the maximum extent permitted by law. If it is held that any provision of these Terms is invalid or unenforceable, but that by limiting such provision if would become valid or enforceable, then such provision will be deemed to be written, construed, or enforced as so limited.
Your rights and obligations under these Terms, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempt to do so will be null and void. Company may freely assign these Terms and our rights and obligations hereunder without notice to you, and these Terms will continue to be binding on assignees.
The rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
These terms shall be governed by, and will be construed under, the laws of the state of Tennessee, and the United States, without regard to or application of its conflict of law principles or your state or country of residence. All claims, disputes, and legal proceedings related to or arising out of these Terms or your use of the Site or Services will be brought exclusively in the federal or state courts located in Tennessee, and you hereby consent to and waive any objection of inconvenient forum as to such jurisdiction.
You agree that, except as otherwise expressly provided in these Terms, there are no third-party beneficiaries to your agreement to these Terms. You agree that regardless of any law to the contrary, any claim, dispute or cause of action by you arising out of or related to our Services pursuant to these Terms must be filed within 1 year following the date on which such claim, dispute or cause of action arose; and if not filed within such 1-year period, then you hereby irrevocably waive any and all rights to pursue such claim(s), disputes, or other cause(s) of action.
The section titles and paragraph headings in these Terms are for convenience only and have no legal or contractual effect. Any and all examples or references to “include,” “includes” or “including” set forth in these Terms are by way of example only and will be interpreted as non-limiting. Any reference in these Terms to the singular form of a work will include the plural form of the word, if applicable, any reference to the plural will include the singular, if applicable. In addition, the term “days” when used in these Terms, unless specified as a ‘business day’ means a calendar day. For the purposes of these Terms, a ‘business day’ means a weekday (other than a Saturday or Sunday) excluding any national (US) holiday.
Any provision of these Terms that logically would be expected to survive the suspension, completion, expiration or earlier termination of your Account, Subscription Plan Services and/or other Services or your agreement to these Terms will survive such suspension, completion, expiration or earlier termination, including any and all representations and warranties contained in these Terms and any and all provisions and agreements regarding indemnification obligations, confidentiality obligations, dispute resolution, binding arbitration and class action waivers, limitations of liability and disclaimers.
DISPUTE RESOLUTION & MANDATORY ARBITRATION
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules [including the Optional Rules for Emergency Measures of Protection]. The arbitration hearing shall take place in the state of Tennessee, city of Nashville. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Kensington Digital Media
49 Music Square W #300
Nashville, TN 37203