These are official terms and conditions ("Terms of Use") and form a legally binding agreement between you and EverPub, LLC ("EverPub", "we", "us", or "our") regarding your use of the Internet Web site located at http://www.everpub.com, as well as the associated Web pages, features and functions made available by EverPub (individually and collectively, the "Website"). 

YOU AGREE TO READ THESE TERMS OF USE CAREFULLY EACH TIME YOU ACCESS THE WEBSITE.
The Website is offered and made available only to users 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside.  If you are not yet 18-years-old or have not have reached the age of majority in the jurisdiction in which you live or reside, you must have a parent or guardian’s permission to view the Website.  Moreover, if your use of the Website is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Website immediately.  BY ACCESSING THE WEBSITE: (I) YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE OR HAVE A PARENT OR GUARDIAN’S PERMISSION TO ACCESS THE WEBSITE AND (II) YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF USE.  YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE, OR ANY SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR SERVICES OR CONTENT.  YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR ACCESSING THE WEBSITE.

When we use the term "Agreement" we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of the features, functions and services we make available to you from time to time through the Website.  These Terms of Use and our use of the term "Agreement" also includes our Privacy Policy that can be accessed through a link on the Website’s home page.  The Privacy Policy is hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you access and use the Website, even if your use of or participation in any particular service, feature, or function terminates, expires, ceases, is suspended or deactivated for any reason.

The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Website, receive data from the Website, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Website, for any purpose whatsoever.  This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the Website that may direct your browser or your Internet connection to third party Web sites or Web pages.

1.GENERAL USE OF THE WEBSITE.

There are portions of the Website that we make available to users in the general public without registering and you may visit and browse those portions without charge or obligation.  In order to access and use certain services, features or functions of the Website, such as our membership services or Communities (as defined below in Section 10), we require users to register.  As part of the registration process, you will need to select and provide us with a unique user name and choose a password (or we may assign an initial password which we will give you the option to change) which must form a unique combination (a "User ID"), and we also request that you provide your e-mail address, and may request that you provide other personally identifiable information as we may require.  We may also, from time to time and at any time, provide users with additional codes or passwords necessary to access and use certain services, features or functions of the Website.  Please read our Privacy Policy, which describes the non-public, personally identifiable information we collect, use, disclose, manage and store.  Your User ID is personal to you and you may not allow any others to use your User ID under any circumstances.  We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, disclosure or your authorization of anyone else to use your User ID.  You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or any other need to deactivate your User ID due to security concerns.

2.  MODIFICATIONS.

These Terms of Use are effective as of November ___, 2009.  We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement without any liability or obligation to you, with or without notice.  We may post or display notices of material changes on the Website.  Once we post them on the Website, these changes become effective immediately and if you use the Website after they become effective, then it will signify your agreement to be bound by the changes.  You acknowledge and agree that it is your responsibility to review the Website and these Terms of Use periodically and to be aware of any modifications or revisions.  You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. 

3.OWNERSHIP AND PROPRIETARY RIGHTS.

 Copyright © 2009 EverPub, LLC – All Rights Reserved.

With the exception of user-generated content, the Website, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world, are the property of EverPub and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as "Content").  All Content on the Website is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties.  As such, you should assume that all materials, designs, text and images contained in the Website are either the copyrighted property of EverPub, unless otherwise noted, or are the copyrighted property of third parties. 

The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively "Marks") on the Website, including, without limitation, "EverPub" and or stylized EverPub logo are the intellectual property of and proprietary to EverPub, its advertisers, suppliers and others with whom EverPub may do business.  You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of EverPub.

4.LICENSE AND SITE ACCESS

EverPub authorizes you to access Content and grants you the limited right and license to use the Website solely for your non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable and limited personal use and for no other purpose whatsoever.  You may download one single hard copy of Content displayed on the Website for non-commercial, personal use only.  You must not alter, delete or conceal any copyright or other legal notices contained on the Website, including notices on any Content you display, print or reproduce from the Website.  Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Web site) or otherwise use, any Content without the express prior written consent of EverPub. 

This license does not include any resale or commercial use of the Website or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its Content; any downloading or copying of membership information for the benefit of another merchant; or any use of data mining, Web scraper, spider, robots, or similar data gathering and extraction tools.  The Website or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of EverPub.  You may not frame or utilize framing techniques to enclose any Marks or Content (including page layout, or form) on the Website without our express written consent.  You may not use any meta tags or any other "hidden text" utilizing EverPub Marks without our express written consent.  Any unauthorized use terminates the permission or license granted by EverPub. 

As an express condition of your use of the Website, you warrant to us that you will not use the Website for any unlawful purpose or purpose prohibited by this Agreement or the laws or regulations in the jurisdiction in which you live or reside.  Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.  If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content.  EverPub makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country.  You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the Website.

5. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others, and we ask you to do the same.  Accordingly, EverPub has adopted the following Intellectual Property Compliance Policy.  If you or any user of the Website believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately.  To be effective, the notification must include:

a. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
b. Identification of the IP Rights claimed to have been infringed;
c. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
d. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
e. 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, agent, or by law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below. 

 Designated Agent for Claimed Infringement:

EverPub, LLC

11915 Devilwood Drive
Potomac, Md 20854
neil@everpub.com

On notice, we will act expeditiously to review and if necessary to remove content on the Website that infringes the copyright rights of others and will disable the access to the Website and its services of anyone who uses them to infringe repeatedly the intellectual property rights of others.  Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA.  We take protection of copyrights, both our own and others, very seriously.

6. HYPERLINKS TO THIRD PARTY SITES.

The Website often provides links to third party Web sites and other resources that could be of interest to our users, including the websites of our advertisers.  You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by EverPub of the content, advertising or business practices (including the privacy policies) of such third party websites, whether EverPub’s logo or sponsorship identification is on the third party website, or whether such site conducts “framing,” which allows a user to access several web pages or websites while still viewing a header or border from the Website.  These third party websites may have different privacy policies and business practices than we do.  EverPub does not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such third party websites.  You understand and agree that the Website, EverPub, its affiliates, successors and assigns, and their respective officers, directors, members, employees, representatives, agents, and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party sites.  If you decide to access and use linked third party websites, you understand, acknowledge, and agree that you do so entirely at your own risk.  If any third party site obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability.  Please read our Privacy Policy below, which describes how we collect and use your personally identifiable information.

7.  EMAIL.

Email is an important communications channel for the Website and EverPub.  All email sent to us should be generated by the person in whose name the email account is registered.  Email users shall not mask their identity by using a false name or another person's name or account.  We will use your email address and the content of any email for administrative and correspondence purposes and to send you information that you may request.  Please see our Privacy Policy for details.

Any non-personal content you provide to the Website by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like (collectively “Information”), shall be deemed to be non-confidential and we assume no obligation to protect such Information from disclosure.  You understand, acknowledge, and agree that if you submit any such Information to us, it shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by EverPub, this Website and our company affiliates, for any purpose whatever, and we shall be free to reproduce, use, disclose and distribute such Information without restriction.

8. WEB COMMUNITIES, FORUMS AND POSTINGS.

The Website may contain forum services, for example descriptions of books or author summaries, Web communities, and other message and communication facilities (collectively "Communities") that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, files, messages, transmissions and content with other users and/or with us and these are referred to in this Agreement as a "Post" or "Posting."  EverPub reserves the right at all times, but does not have the obligation, to edit, refuse a post, or remove any Posting, in whole or part, that it deems inappropriate for inclusion in the Communities, for any reason or for no reason in its sole and absolute discretion.  Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission.  Although a particular Community may have a policy of limited membership or access, EverPub shall have no liability if unauthorized persons nevertheless obtain access to a restricted Community.  You should not disclose or make available your personal information in any Posting or in any Community.

The Website does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of user Postings.  YOUR USE OF THE COMMUNITIES IS SOLELY AT YOUR OWN RISK.  EVERPUB ASSUMES NO DUTY TO MONITOR POSTINGS WITHIN THE COMMUNITIES.  EVERPUB DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF SUCH POSTINGS OR THAT POSTINGS COMPY WITH THE TERMS OR CONDITIONS OF THIS AGREEMENT.  YOU SHOULD NEVER RELY UPON ANY POSTING AS BEING TRUE, ACCURATE OR GENUINE. 

You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID.  THIS MEANS THAT YOU, AND NOT US OR THE WEBSITE, ARE ENTIRELY RESPONSIBLE FOR THE CONSEQUENCES OF ALL POSTINGS ON THE WEBSITE ORIGINATING FROM YOUR USER ID.  Postings do not reflect the views of EverPub or any of its affiliates.  In no event shall EverPub or any affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the Website; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on EverPub and/or the Communities.

If a Posting originates from you or your User ID, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize the Website and affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting EverPub and its affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does not and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to EverPub, any affiliates or any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant EverPub and its affiliates the right to use such Posting as described above; and (d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine in our sole and absolute discretion (although you will not be responsible for any such changes made).

The amount of storage space on the Website per user is limited and some Postings may not be processed due to space constraints or outbound message limitations.  You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings.  Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

If you believe that any content on the Website (including, without limitation, any Posting) violates any of the terms of this Agreement (except for any notices covered under Section 5 above), please notify us at the following address:

EverPub, LLC

11915 Devilwood Drive
Potomac, Md 20854
neil@everpub.com

While we will use commercially reasonable diligence to respond to your message, we cannot “guarantee” a response and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

9. RULES OF CONDUCT.

Your use of the Website is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties.  You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID.  You shall not use, allow, or enable others to use the Website, or knowingly condone use of the Website by others, in any manner that is, attempts to, or is likely to:

be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States of America), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
gain unauthorized access to the Website, other users' accounts, names, User IDs, personally identifiable information or other computers, websites or web pages, connected or linked to the Website or to use the Website in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website or the rights or use and enjoyment of the Website by any other person, firm or enterprise; or
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Website, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

You agree to indemnify, defend and hold EverPub, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or resulting from your Postings or any content you provide, submit or make available on or through the Website or your unauthorized use of any Content.  EverPub reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with EverPub in the defense of any such claim, action, settlement or compromise negotiations, as requested by EverPub.

10. DISCLAIMER AND LIMITATIONS OF LIABILITY.

THE WEBSITE AND ALL MATERIALS, AND PRODUCTS THEREON ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE WEBSITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.  Without limiting the foregoing, EverPub is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Website.  You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Website.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE WEBSITE, EVERPUB OR, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

11.  ADS AND MALWARE.

We take great care and pride in creating the Website.  We are always on the lookout for technical glitches that effect how the Website works.  When we find them on our end, we will fix them.  Unfortunately, your home computer may cause some glitches that effect how you see the Website -- and that is totally beyond our control.

If you experience any unusual behavior, content or ads on the Website, it may be the result of Malware on your computer.  Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission.  Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others.  While we continuously work closely with our partners to ensure that everything on the Website is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Website and on other sites that you visit.  If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.

12. INTERNATIONAL USE.
Although the Website may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content is illegal is prohibited.  Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with all local laws.  Any offer for any Product, service, and/or information made in connection with the Website is void where prohibited.

13.  CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS.

From time to time, EverPub or its affiliates or its operational service providers, suppliers, and advertisers, may conduct promotions on or through the Website, including, without limitation, auctions, contests and sweepstakes (collectively "Promotions").  Each Promotion may have additional terms and/or rules which will be posted on the Website or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.

14. SHOPPING & E-COMMERCE.

The Website may offer various goods and services for sale (collectively “Products”), or direct or link to other Web sites that sell goods and services.  In order to place an order through the Website for Products, you must be at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside.  By placing such an order for Products, you represent and warrant that you are at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside.  Products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order.  The inclusion of any Products on the Website at a particular time does not imply or warrant that these Products will be available at any time. 

All Product prices are shown in U.S. dollars, and are valid and effective for all Products ordered through the Website on the day they are ordered.  All prices are subject to change without notice.  With respect to Products sold by EverPub, we cannot confirm the price of such Product until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. 

Subject to Section 10 above, all Products offered for sale through the Website are warranted by EverPub or the specific manufacturer, licensor or distributor.  Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage to Products produced by EverPub shall be to have EverPub, upon written notice from you to us, attempt to repair, correct or replace any deficient Product under this Agreement.  If repair, correction or replacement of such Product is not reasonably commercially practicable for EverPub, we agree to refund any monies actually paid by you for such Product involved and to terminate and discontinue your use of the Website.  You further understand and acknowledge the capacity of the Website, in the aggregate and for each user, is limited.  Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

To correct, repair or replace defective Products produced by EverPub, please contact us at the following address:

EverPub, LLC

11915 Devilwood Drive
Potomac, Md 20854
neil@everpub.com

To correct, repair or replace defective Products not produced by EverPub, you must communicate with the specific manufacturer, licensor or distributor of the Products.  We have no responsibility or liability whatsoever for Products you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through our Website.  Moreover, we are not responsible in any manner for assisting you in correcting any problem you may experience with such Products.  You agree that your sole and exclusive remedy for such defective Products lies with the specific manufacturer, licensor or distributor of the Products and not EverPub.  EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL SUCH PRODUCTS.  EXCEPT AS SPECIFICALLY SET FORTH IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you.  We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so.  All orders must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order.  We may contact you and require additional information from you before we grant such pre-approval.  Products on the Website are offered for sale only to end user customers or as personal gifts to end user customers and not for resale.  We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.

You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Website.  You agree to indemnify, defend and hold EverPub and its officers, directors, and members harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any violation by you for failing to pay applicable taxes on Products.

When an order for Products is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website.  If an order consists of multiple items, they may be shipped separately depending on availability.  All purchases from the Website are made pursuant to a shipment contract.  As a result, risk of loss and title for Products purchased from the Website pass to you upon delivery of the Products to the carrier.  You are responsible for filing any claims with carriers for damaged and/or lost shipments.

15.  ACCURACY OF INFORMATION & PRODUCT DESCRIPTIONS

We try to assure the accuracy of all information displayed on the Website, but it is possible that the information contains errors, inaccuracies, or omissions.  In particular, with respect to Products offered on the Website, we have tried to accurately display colors, but depending on the specifications and settings of your computer and its monitor, the colors you see might not accurately depict the actual colors of the Product.  Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.  In addition, due to typical and very common manufacturing inconsistencies, Product weights and measurements can vary slightly from the specific information set forth on the Website.  Minor Product variations in color, weights and measurements will not be considered as resulting in Products being deemed defective.

Despite our best efforts, a small number of the Products in our catalog may be mispriced.  If a Product sold on the Website is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your credit or debit card account has been charged (in which event we will issue a credit to your account in the amount of the charge).  Please note that this policy applies only to products sold and shipped by EverPub.  Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

16. MISCELLANEOUS TERMS.

Without limitation, our Privacy Policy, any rules and any additional terms and conditions that apply to your use of any specific services, features and functions or the purchase of any Products, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated herein by this reference, contains the entire understanding and agreement between you and EverPub and supersedes any and all prior, inconsistent or other understandings relating to the Website and your use of the Website.  This Agreement cannot be modified, changed or terminated by you, except as specifically described herein.  We reserve the right in our sole and absolute discretion to modify this Agreement at any time.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable.  Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Website, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).

This Agreement and your use of the Website shall be governed by, construed and enforced in accordance with the substantive laws of the State of Maryland, USA applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Maryland and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that EverPub has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction.  To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, TO THE MAXIMUM EXTENT OF THE LAW, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

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.

The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.  Where text requires, words in the singular shall be deemed to include the plural and vice-versa, and words of any gender shall be deemed to include all genders.

PRIVACY POLICY

This Privacy Policy (“Policy”) discloses the privacy practices for: (i) EverPub and (ii) the Website and various related services.  EverPub, in connection with the provider of the Website, is committed to protecting your privacy online.  Please read the information below to learn our policies regarding your use of the Website.

YOU ACKNOWLEDGE THAT THIS POLICY IS PART OF THE WEBSITE’S TERMS OF USE, AND BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE POLICY.  IF YOU DO NOT WISH TO BE BOUND BY THE POLICY, PLEASE EXIT THE SITE NOW.  YOUR REMEDY FOR DISSATISFACTION WITH OUR POLICY OR THE SERVICES PROVIDED ON OR THROUGH THE WEBSITE, IS TO STOP USING THE WEBSITE.  YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THE POLICY BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE WEBSITE.

In general, you can visit the Website on the Internet without telling us who you are or giving us your personally identifiable information.  As to all of the information described below, EverPub will not give, sell, rent or exchange the information with anyone else without your prior consent except as compelled by law (see below).  When we collect information from you, you may tell us that you do not want it used for further marketing contact and we will respect your wishes. 

We reserve the right to change this Policy at any time and from time to time.  Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an e-mail to the e-mail address that you listed when registering and posting the revised Policy on this page.  You acknowledge and agree that it is your responsibility to review this Policy periodically, and be aware of any modifications.  Your continued use of the Website after any such modifications will constitute your: (a) acknowledgment of any modified Policy; and (b) agreement to abide and be bound by any modified Policy.

1.TYPES OF INFORMATION COLLECTED.

In order to better provide you with our numerous services, we collect two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information.  Our primary goal in collecting such information from you is to provide you with a smooth, efficient, and customized experience while using the Website.

Personally Identifiable Information (“PII”):  This refers to information that lets us know the specifics of who you are.  When you engage in certain activities on the Website, such as registering for our newsletter or Posting material, we may ask you to provide certain information about yourself by filling out and submitting an online form.  It is completely optional for you to engage in these activities.  We may ask, however, that you provide us personal information, such as your first and last name, address, telephone number, e-mail address, and/or other PII.  We may also collect information from you at other points on the Website that state that such information is being collected.  However, this policy is subject to change without notice and we encourage you to periodically check our Policy statement.

Non-Personally Identifiable Information (“Non-PII”):  This refers to information that does not by itself identify a specific individual.  We may gather certain general information about you based upon where and how you visit the Website in several ways.  This information may be compiled and analyzed on both an individual and an aggregated basis.  This information may include the Uniform Resource Locator ("URL") that you just came from when you visited the Website, which URL you next go to, what browser you are using, and/or your Internet Protocol ("IP") address.  A URL is the global address of documents and other resources on the World Wide Web (“Web”).  An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the Web.  Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination.  In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web or allowing Web servers to locate and identify your computer.  Computers require IP addresses in order for users to communicate on the Internet.

We only use your PII to provide our services to you.  We DO NOT share your PII with anyone else.  We may use PII to deliver information to you and to contact you regarding administrative notices.  We may also use PII to resolve disputes, troubleshoot problems, and enforce our agreements with you.  We will also use Non-PII to enhance the smooth operation of the Website, improve our marketing and promotional efforts, statistically analyze the Website’s use, improve our service offerings, and customize the Website’s Content, layout, and services.  We DO NOT share your Non-PII with anyone else.

2.ONLINE SERVICES.

When you register with EverPub’s online services, we collect your name, email address, and other information necessary to service your account.  You acknowledge that by signing up for online services you are also opting in for e-mail announcements or alerts.  We will use your email address to send you updates and alerts on EverPub’s online services.  This helps us keep you informed of our online services and better serve you.  You will not receive any electronic or other correspondence from third parties.

3.COMPELLED DISCLOSURE.

If we are required by law to disclose the information that you have submitted, we will attempt to provide you with notice (unless we are prohibited) that a request for your information has been made in order to give you an opportunity to object to the disclosure.  We will attempt to provide this notice by email, if you have given us an email address, or by postal mail if you have entered a postal address.  We will, in our sole and absolute discretion, independently object to overly broad requests for access to information about users of the Website.  If you do not challenge the disclosure request, we may be legally required to turn over your information to law enforcement agencies or a court of competent jurisdiction.

4.UPDATING AND CORRECTING INFORMATION.

 We believe you should have the ability to access and edit the PII that you have provided to us.  You may change any of your PII in your account by writing us or sending us an email message at:

EverPub, LLC

11915 Devilwood Drive
Potomac, Md 20854
neil@everpub.com

Please include your name, address, and/or e-mail address when you contact us.

We encourage you to promptly update your PII if it ever changes.  You may ask to have the information on your account deleted or removed.  While we will comply to the best of our ability, it may be impossible to completely delete your information without some residual information remaining because of backups.

5.SECURITY OF INFORMATION.

At the Website, you can be assured that your PII is secure, consistent with current industry standards.  The importance of security for all PII associated with our users is of utmost concern to us.  We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure.  For example, we may store your personal information on computer systems with limited access, which are located in controlled facilities.  When we transmit highly confidential information over the Internet, we protect it through the use of MD5 encryption, which prevents unauthorized parties from viewing such information.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure.  As a result, while we conscientiously strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations of the Internet that are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Website cannot be guaranteed; and (c) it is possible that any such information and data may be viewed or tampered with while in transit by a third party.

6.PRIVACY POLICIES OF THIRD-PARTY SITES.

As a public service, we may maintain links to other websites.  Except as otherwise discussed in this Policy, this document only addresses the use and disclosure of information we collect from you.  Other sites accessible through the Website have their own privacy policies and data collection, use, and disclosure practices.  For more information on this topic, please consult each specific site’s privacy policy.  You acknowledge and agree that we are not responsible for the privacy policies or practices of third parties.

7.COOKIES.

When you use our Site, we will store a session cookie on your computer in order to authorize access to our Content and to facilitate and customize your use of our Website.  A cookie is a small data text file, which is stored on your computer's hard drive (if your Web browser permits).  Cookies contain information that can be read later by a Web server in the domain that issued the cookie to you.  Cookies cannot be used to run programs or deliver viruses to your computer.  A session cookie expires when you close your browser.  A persistent cookie remains on your hard drive for an extended period of time.  We do not use persistent cookies on our Website unless you use "Remember Me" or other similar functionality.  You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.  Our session cookies: (i) make your use of the Website easier, (ii) make the Website run more smoothly, (iii) permit authenticated users to visit private content on our Website, and (iv) help us to maintain a secure Website.  Once you leave the Website, the cookie remains on your hard drive while you are connected to the Web in case you choose to visit our Website again.  However, the cookie is deleted when you close your Web browser.  You are always free to decline our cookies if your browser permits, but some parts of our Website may not work properly in that case.  At no time will our cookie collect your PII.

8.MISCELLANEOUS PRIVACY ISSUES.

The Website is not directed to children 13 years old or younger.  Our policy is that we do not knowingly collect, use, or disclose PII about visitors that are under 13 years of age or younger.  If you have any questions about this Policy, the practices of the Website, or your dealings with EverPub, please communicate with us via the following:

EverPub, LLC

11915 Devilwood Drive
Potomac, Md 20854
neil@everpub.com