Effective Date March 9th, 2021<\/p>\n
Please review these Terms of Use (the \u201cTerms\u201d), which govern your use of Evergreen Protect (the \u201cSite\u201d, \u201cwe\u201d, \u201cus\u201d, or \u201cour\u201d). By using the Site, you agree to abide by and be bound by these Terms. We reserve the right to update or modify these Terms at any time without advance notice. For this reason, we encourage you to review these Terms whenever you use our Site. If you do not agree to these terms, please do not use the Site.<\/p>\n
By using the Site, you agree to the terms of our Privacy Policy<\/a>.<\/p>\n Subject to your compliance with these Terms, Evergreen Protect grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site and any services provided thereon. This license does not include any resale or commercial use of any Site\u2019s content, any downloading or copying of registration information for the benefit of another merchant, any derivative use of this Site or its content; or any use of robots, data mining, or similar data gathering and extraction tools. The Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Evergreen Protect. You are not permitted to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including text, images of page layout, or form) of Evergreen Protect and our affiliates without express written consent. You are not permitted to use any meta tags or any other \u201chidden text\u201d utilizing the Evergreen Protect name or trademarks without the express written consent of Evergreen Protect. All rights not expressly granted to you in these Terms of Use are reserved and retained by Evergreen Protect, its affiliates, licensors, publishers, rights holders or other content providers. Any unauthorized use of the Site or services provided terminates the permission or license to access and use the site.<\/p>\n We reserve the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice. We shall not be liable to any third party for any modification, suspension, or discontinuance of the Site, or any service, content, feature or product offered through the Site.<\/p>\n This Site and the Content available on the Site are our property of or the property or our affiliates and licensors, and are protected by copyright, trademark and other intellectual property rights. Subject to the Terms, we grant you a non-exclusive non-transferable license to use the Site solely for your personal non-commercial use. You may not use the Site or the content available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. If you keep intact all copyright and other proprietary notices, you may, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use.<\/p>\n If you believe your work has been copied in a way that constitutes copyright infringement, please provide the following written information to our copyright agent:<\/p>\n <\/p>\n Evergreen Protect\u2019s Copyright Agent for notice of claims of copyright infringement on Evergreen Protect can be reached at: contact@EvergreenProtect.com<\/a><\/p>\n Or by postal mail at: 1075 Broad Ripple Ave, Indianapolis, IN, 46220<\/p>\n You may not use or register with the Site if you are under thirteen (13) years of age. However, certain services offered on or through the Site, such as purchasing products, entering into a sweepstakes, and participating in sampling or product gifting programs, require you to be eighteen (18) years of age. If you are under 18 years of age, do not use those features of the Site. You agree that the information you provide to us upon registration, and at all other times, will be true, accurate, current and complete. Registration is limited to one account per user and user is solely responsible for keeping user\u2019s password secure and for any activities or actions taken on the account, whether or not you have personally authorized such activities or actions. You shall immediately notify Evergreen Protect of any unauthorized use of your password.<\/p>\n By using the Site and\/or accessing the services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions set forth in these Terms. This Site is administered in the United States and intended for U.S. users only; any use outside of the U.S. is at your own risk. You are responsible for compliance with any local laws applicable to your use of the Site or access to the Services.<\/p>\n You may have the opportunity to post comments, write reviews or provide other content on this Site (\u201cPosted Content\u201d). If you choose to post comments, reviews or other content on the Site you are representing that you are the owner of the content, or that you have the owner’s express consent to your posting or submission of that content. In addition, when you submit or post any content, you grant us and anyone so authorized, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensable, worldwide license to use, copy, cache, archive, modify, display, categorize, index, transmit, store, comment on, tag, sell, exploit, create derivative works from, distribute, incorporate into other works, and\/or digitally or publicly perform or display such posted content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to transfer to third parties the right to use, exhibit and otherwise exploit such content (in whole or in part), as modified by us in its sole discretion. This license is non-exclusive, however, you agree that we shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Site users for the purposes of constructing or populating a searchable database of product reviews. You acknowledge and agree that we and our partners are entitled to retain any revenue generated from the display of advertising, promotional campaigns, content syndication and distribution arrangements that include or feature any Posted Content submitted by you.<\/p>\n The foregoing shall include the right to exploit any proprietary rights in such Posted Content or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your content postings or submissions by name, e-mail address or screen name, as we deem appropriate. We are under no obligation to give credit or provide any compensation for your Posted Content.<\/p>\n We expressly prohibit the posting of any comments, reviews or other content that is illegal, threatening, defamatory, obscene, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, political campaigning, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content. We reserve the right, but are not obligated, to remove or edit such content. We do not regularly review user\u2019s posted content. We reserve the right, but are not obligated, to oversee and edit or remove any activity or content. We shall not be responsible for and assume no liability for any content posted by you or any third party.<\/p>\n Third parties not affiliated with us may offer services or products on the Site.\u00a0 We do not warrant or assume any responsibility or liability for the actions, offers or content of third parties who may have advertisements or links on our site. Please carefully review their privacy statements and other conditions of use.<\/p>\n You agree to indemnify and hold us, our parents, subsidiaries, affiliates, officers and employees, harmless, for any claims, liabilities, costs and expenses, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site, (ii) your use of the services, (iii) the violation of these Terms of Use by you, (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity; (v) any content you post on this Site; and (vi) any products or services purchased by you in connection with this Site and\/or the web sites of our third party partners, vendors and\/or service providers.<\/p>\n THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.<\/p>\n These Terms of Use will remain in full force and effect throughout the duration of your use of the Site and you avail yourself to the services provided by us. We reserve the right to cancel or terminate your right to use the Site or any part of the Site at any time without advance notice. In the event of any such cancellation or termination, you will no longer be authorized to access the entire Site or any part of the Site affected by such cancellation or termination. The restrictions imposed on you regarding any material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive any termination of your right to use the Site.<\/p>\n <\/p>\nLicense and Access<\/h3>\n
Site Modification or Suspension<\/h3>\n
Intellectual Property<\/h3>\n
Copyright Complaints<\/h3>\n
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Use Restrictions and Registration<\/h3>\n
Your Comments Reviews and Other Content Posted:<\/h3>\n
Third Party Content<\/h3>\n
Indemnity<\/h3>\n
Disclaimer of Warranties and Limitation of Liability<\/h3>\n
Termination<\/h3>\n
Disputes, Choice of Law, and Jurisdiction<\/h3>\n