These written terms and conditions of use (herein called the "Terms and Conditions") govern your use of the EverGoodProductions.com site (herein called the "Site"). The Site is made available by EverGoodProductions.com (herein called the "Site Proprietor" or "we"). BY YOUR USE OF THE SITE, YOU HAVE ACCEPTED AND AGREED TO THESE TERMS AND CONDITIONS AS APPLIED CONSIDERING YOUR USE OF THE SITE. If you disagree to any or all of the listed Terms and Conditions, you may not access or otherwise use the Site. We have the right to change these Terms and Conditions on a timely basis, and at any time without giving you any prior notice, however, if changes are made, they will be posted on the Site home page. By using the Site following any future modifications to these Terms and Conditions, you have also agreed to be bound by any such modifications made to the Terms and Conditions.
You should only use the Site if you are at least 18 years old.
Services Available on the Site. Through the Site, we provide a service by which consumers may be transferred to an agency where they will apply to receive information for services or discount program quotations from the agency’s network of service providers, brokers, discount program representatives and other service providers. We also try to give useful information that people can use to make their own decisions about products and services, and discount programs online. Once you have filled a form on the Site, you are then transferred to a provider or an agency that will require a little more information from you. Once you provide them with the information needed to complete their on-line application, they will try to match you with the right product, brokers, discount programs or other companies.
We do not give contracts, deals or bind agreements. We do not approve or recommend any companies or policies, and we do not give professional, tax or financial advice. We can not assure you that any of the providers, agents, brokers and/or companies to whom we submitted your application will get back to you or agree to give you their product or service. We are not responsible in any way for the behavior of the providers, agents, brokers, discount program representatives and companies that are matched with your on-line application. If you need some personal advice or specific policy recommendations, make sure you consult directly with an agent, broker, provider or other qualified professional.
We reserve the full right, for any reason, in our sole discretion, to stop, change, suspend or discontinue any part of the Site, including, but not limited to, content, features or hours of availability. We may also give limits on some features of the Site or completely restrict your access to any part or the entire Site without prior notice or penalty.
The use of the Site is free of charge.
Proprietary Rights. As between you and the Site Proprietor, the Site Proprietor owns, solely and exclusively, every rights, title and interest in and to the Site, every content, code, data and materials thereon, the look, appearance and feel, color patterns, design and organization of the Site, and every compilation of the content, code, data and materials on the Site, including but not limited to every intellectual property and proprietary rights therein. Your use of the Site does not give to you ownership of any content, code, data or materials you may use on the Site. Any commercial use or exploitation in any form of the Site is strictly prohibited. You may see the content on the Site on your personal computer or other internet-compatible gadget, and make single copies or prints of the content on the Site for your own personal, non-commercial use only. You may not otherwise copy, reproduce, sell, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other applicable laws of the United States, other countries, as well as applicable state laws and may be subject to liability issues for such unauthorized use. We do not give any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos without our separate express written agreement. Third party marks are solely the property of their respective owners.
User Conduct. You warrant and agree that, while using the Site, you will not upload, post or transmit to or send or distribute or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, without first getting written permission from the proprietary or intellectual property rights holder; (b) are unlawful, threatening, terror statements and behaviors, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual behaviors (including but not limited to sexual language of a violent or threatening nature directed at another person or group of persons), invasive of another's privacy or hateful, (c) restrict or inhibit any other user from freely using and enjoying the Site, (d) constitute or promote conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component and elements, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other individual or entity; (b) upload, post, send, publish, transmit, reproduce, give, distribute or in any way exploit any information or other material obtained through the Site for commercial reasons; (c) engage in spamming, flooding, scamming, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the aim of getting lists of users or other data, or send chain letters or pyramid schemes through the Site; or (d) attempt to get unauthorized access to other computer systems through the Site. You agree that you shall not use the Site in any manner that could damage, disable, overburden, destroy or impair the Site or disturb any other party's free use and enjoyment of the Site. You may not get or attempt to obtain any materials or data through any means not intentionally made available or made ready for through the Site.
You agree to defend, indemnify and hold the Site Proprietor and its directors, members of staff, officers, employees, agencies, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any form from your misuse and misunderstanding of the Site, your placement or transmission of any material or message, content, information, data, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions.
DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA TRANSFER, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, IMPORTANCE, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE AND AIM, AND WE HEREBY DISCLAIM ANY AND EVERY SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR FREE OF ERRORS, OR THAT DEFECTS WILL BE CORRECTED OR FIXED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, DATA, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, GOTTEN BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND ONLY REMEDY IS TO STOP USING THE SITE. YOU SHOULD NOT DEPEND ON THE SITE TO MAINTAIN ANY USER SUBMISSION; YOU SHOULD KEEP ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR FUTURE USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SITE PROPRIETOR OR ANY OF ITS DIRECTORS, MEMBERS OF STAFF, OFFICERS, EMPLOYEES, AGENTS, AGENCIES, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY APPLICATIONS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, SENT, GIVEN, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
Links from and to the Site. You acknowledge and accept that we have no responsibility for the accuracy and/or availability of information given by Web sites to which you may link from the Site (herein called "Linked Sites"). Links to Linked Sites do not mean an endorsement by or approval of or association with us of such sites or their content, products, advertising or other materials provided on such sites. We do not author, edit, manage or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.