Terms and Conditions

Introduction

These terms and conditions govern your use of The Evergrey website and newsletter; by using The Evergrey website and newsletter, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use The Evergrey website or newsletter.

The Evergrey website may use cookies.  By using The Evergrey website and agreeing to these terms and conditions, you consent to The Evergrey’s use of cookies in accordance with the terms of The Evergrey’s privacy policy.

License to use website and newsletter

Unless otherwise stated, WhereBy.Us Enterprises, Inc. and/or its licensors own the intellectual property rights in the website and material on the website and newsletter.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website and newsletter for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from The Evergrey website and newsletter (including republication on another website);
  • sell, rent or sub-license material from the website and newsletter;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on The Evergrey website and newsletter for a commercial purpose;
  • redistribute material from The Evergrey website and newsletter, except for content specifically and expressly made available for redistribution and with prior arrangement.

Acceptable use

You must not use The Evergrey website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use The Evergrey website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to The Evergrey website without WhereBy.Us Enterprises Inc’s express written consent.

You must not use The Evergrey website to transmit or send unsolicited commercial communications.

Restricted access

Access to certain areas of The Evergrey website is restricted. The Evergrey reserves the right to restrict access to areas of The Evergrey website, or indeed this entire website, at The Evergrey’s discretion.

If The Evergrey provides you with a user ID and password to enable you to access restricted areas of The Evergrey website or other content or services, you must ensure that the user ID and password are kept confidential.

The Evergrey may disable your user ID and password in The Evergrey’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to The Evergrey website or its newsletter, for whatever purpose.

You grant to WhereBy.Us Enterprises Inc a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to WhereBy.Us Enterprises Inc the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or WhereBy.Us Enterprises Inc or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The Evergrey reserves the right to edit or remove any material submitted to The Evergrey website or newsletter, or stored on its servers, or hosted or published upon The Evergrey website or newsletter.

No warranties

The Evergrey website and newsletter is provided “as is” without any representations or warranties, express or implied. The Evergrey makes no representations or warranties in relation to The Evergrey website and newsletter or the information and materials provided on The Evergrey website and newsletter.

Without prejudice to the generality of the foregoing paragraph, The Evergrey does not warrant that:

The Evergrey website and newsletter will be constantly available, or available at all; or

the information on The Evergrey website is complete, true, accurate or non-misleading.

Nothing on The Evergrey website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

WhereBy.Us Enterprises Inc will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, The Evergrey website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Exceptions

Nothing in The Evergrey website or newsletter disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in The Evergrey website or newsletter disclaimer will exclude or limit WhereBy.Us Enterprises Inc’s liability in respect of any:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation on the part of WhereBy.Us Enterprises Inc; or
  • matter which it would be illegal or unlawful for WhereBy.Us Enterprises Inc to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using The Evergrey website and newsletter, you agree that the exclusions and limitations of liability set out in The Evergrey website disclaimer are reasonable.

If you do not think they are reasonable, you must not use The Evergrey website or newsletter.

Other parties

You agree that the limitations of warranties and liability set out in The Evergrey website disclaimer will protect WhereBy.Us Enterprises Inc’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

Unenforceable provisions

If any provision of The Evergrey website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of The Evergrey website disclaimer.

Indemnity

You hereby indemnify WhereBy.Us Enterprises Inc and undertake to keep WhereBy.Us Enterprises Inc indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by WhereBy.Us Enterprises Inc to a third party in settlement of a claim or dispute on the advice of WhereBy.Us Enterprises Inc legal advisers) incurred or suffered by WhereBy.Us Enterprises Inc arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to WhereBy.Us Enterprises Inc’s other rights under these terms and conditions, if you breach these terms and conditions in any way, WhereBy.Us Enterprises Inc may take such action as WhereBy.Us Enterprises Inc deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

WhereBy.Us Enterprises Inc may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of The Evergrey website from the date of the publication of the revised terms and conditions on The Evergrey website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

WhereBy.Us Enterprises Inc may transfer, sub-contract or otherwise deal with WhereBy.Us Enterprises Inc’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and WhereBy.Us Enterprises Inc in relation to your use of The Evergrey website, and supersede all previous agreements in respect of your use of The Evergrey website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with United States law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the State of Florida and of the United States.

Registrations and authorizations

The Evergrey and all associated marks, content, images and intellectual property are the wholly owned property of WhereBy.Us Enterprises, Inc. WhereBy.Us Enterprises, Inc. is a registered corporation in the State of Florida.

You can contact WhereBy.Us Enterprises Inc. by email to [email protected]

PRIVACY POLICY

Your privacy is important to The Evergrey. This privacy statement provides information about the personal information that The Evergrey collects, and the ways in which The Evergrey uses that personal information.

Personal information collection

The Evergrey may collect and use the following kinds of information:

  • Information about your use of The Evergrey website, including pages visited, time on site, sharing of content, commenting and discussion activity, event registration, signing up and changing your e-mail preferences, registering for memberships and changing your member information.
  • Information that you used for registering on the website, including your name, e-mail address, username, and password.
  • Information that you used for conducting transactions on The Evergrey website, such as registering for membership or paid events, including credit card and billing information.
  • Any other information that you send to The Evergrey.

Using personal information

The Evergrey may use your personal information to:

  • Administer The Evergrey website or newsletter
  • Personalize the website or newsletter for you and provide you with particular content
  • Enable you to access and use certain parts of or services on the website
  • Publish information about you on the website
  • Send you products and tickets that you purchase
  • Send you receipts, confirmations, and billing notices
  • Collect payments from you
  • Send you marketing information and materials
  • Contact you via e-mail

Where The Evergrey discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, The Evergrey may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data

The Evergrey will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.

The Evergrey will store all the personal information you provide on its secure servers.

Information relating to electronic transactions conducted via The Evergrey website will be  protected by encryption technology.

Cross-border data transfers

Information that The Evergrey collects may be stored and processed in and transferred between any of the countries in which WhereBy.Us Enterprises Inc operates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal information.

Updating this statement

The Evergrey may update this privacy policy by posting a new version on its website. You should check this page occasionally to ensure you are familiar with any changes.

Other websites

The Evergrey website contains links to other websites. The Evergrey is not responsible for the privacy policies or practices of any third party.

Contact The Evergrey

The Evergrey and all associated marks, content, and intellectual property are wholly owned by WhereBy.Us Enterprises, Inc., a registered Florida corporation.

If you have any questions about this privacy policy or The Evergrey’s treatment of your personal information, please write by email to [email protected].

Credit

This document was created with Contractology at www.freenetlaw.com.