GENERAL TERMS OF USE AND CONDITIONS

 

INTRODUCTION

 

These terms of use and user agreement (collectively, the “Agreement”) comprises a legally binding agreement between Everyday [it] Matters, LLC, trading as Everyday it Matters (“we” or “us”) and you (“User”, “you” or “your”) and govern your use of https://everydayitmatters.com/, the Everyday it Matters platform, and all services provided in connection with the site and platform (collectively, the “Platform”). The Platform intends to provide educational resources and other related services to our users as it relates to them. The Terms govern your use of the platform, membership, subscription and other services we make available on this platform (“Services”).

 

Make an effort to read this Agreement carefully. By visiting the website, completing a transaction using the Platform, browsing https://everydayitmatters.com/, you represent that:
1) you have read, understand, and agree to be bound by this Agreement;
2) you are of legal age to form a binding contract with Everyday i
t Matters; and
3) you have the authority to enter into this Agreement as yourself or on behalf of a Principal (as defined below) and to bind such Principal to this Agreement. If you do not agree with the terms of this Agreement, please do not use the Platform any further. Please also read our Privacy Policy, which explains how we collect, use, and share your personal information and/or data.

 

NOTE: THIS AGREEMENT IS SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on or through this site. In the event of amendment, all amended terms shall be effective immediately and your continued use of the Platform signifies and will be deemed your assent to and acceptance of the revised Agreement), all amended terms shall automatically be effective thirty (30) days after they are initially posted. When Everyday it Matters amends this Agreement, We will make reasonable efforts to provide you with general, not specific, notice of such changes by posting an announcement on its site, and/or notifying you through electronic mail/delivery. Such announcement shall be maintained for no less than thirty (30) days following the effective date of such amendment. If you do not agree with the amended terms and, accordingly, the Agreement, please do not use the Platform any further. However, we suggest that you regularly check this site to view the current Agreement. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.


LICENSE GRANT

 

Everyday it Matters grants you, and you accept a non-exclusive, personal, non-transferable limited license to access and use the Platform, subject to your full compliance with the terms and conditions of this Agreement.


RESPONSIBLE USE AND CONDUCT

 

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

 

Wherein, you understand that:
a. In order to use the platform you must be of legal age (18 years of age or older, or, if you have parental consent, 13 years of age).
b. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
c. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
d. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
e. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
f. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
g. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
h. You agree that you will not upload, post, share, or otherwise distribute any content that:


i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating,
fraudulent, deceptive, invasive, racist, or contains any type of suggestive,
inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary
right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any https://everydayitmatters.com/ employees or representatives. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

 

i. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Everyday it Matters, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
j. You agree to indemnify and hold harmless https://everydayitmatters.com/ and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

k. You will comply with all applicable laws, regulations, court orders, third party rights, applicable industry requirements (including, but not limited to, any and all applicable provisions, and any Everyday it Matters policy or standard that may be issued from time to time.

 

Please report any violations of these Terms to: help@everydayitmatters.com. You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Site.

 

We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

 

Everyday it Matters reserves the right, but shall not be obliged to: (a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate; (b) prevent or restrict access of any Customer to the Platform and/or the Services; (c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or (d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.


INFORMATION AVAILABLE ON WEBSITE

 

You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.


ACCESSIBILITY OF WEBSITE

 

Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.


FORMATION OF CONTRACT

 

Both parties agree that browsing the website and gathering information regarding the services provided by Everyday it Matters does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.

 

Both parties agree that the acceptance of the offer is not made when the Everyday it Matters contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product.

 

Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.


ACCOUNT REGISTRATION; ACCOUNT USE

 

Certain features and functionalities of the Platform may require you to create an account (the “Account”). In establishing an Account, you agree to provide only true, accurate, current and complete information about yourself (or your Principal) and to update such information as necessary to maintain its truth and accuracy. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time.

 

You agree to notify Everyday it Matters immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by Everyday it Matters or a third party due to someone else using your account, unless such use is due to Everyday it Matters’ willful misconduct.

 

Everyday it Matters reserves the right to refuse the service or access to the site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual. We have no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the services.


OUR CONTENT

 

You concur that all listings, codes, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. You also understand that Everyday it Matters does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Please see our Content Policies page for complete details. Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of Everyday it Matters. We make no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will Everyday it Matters be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, linked or otherwise made available via the site.

 

You concur and agree that any uploading or posting will be at your sole risk and Everyday it Matters shall not be responsible to you in any way. Further, Everyday it Matters does not provide any warranty as to your use of third-party content or software that you obtain from the Site. You are also fully responsible for any content you provide on the site and to the consequences of any such content. Although Everyday it Matters does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Everyday it Matters an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses through multiple tiers of the foregoing. You also understand and agree that Everyday it Matters, in its sole discretion, may delete any content for any reason.


TERMS OF SALE

 

The following terms apply to our and your purchase of the products offered on the platform (“Products”).


PRODUCT DESCRIPTIONS

 

We try to make the site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.


AVAILABILITY AND PRICING

Everyday it Matters reserves the right to change the prices and available products and subscriptions at any time. Any subscription you have already paid for will not be affected by such change for the then-current term of the Subscription. Quantities of some products may be limited and stock cannot always be guaranteed. Products offered for sale on this site are available for shipment only to the United States, Canada and the United Kingdom, and all prices are quoted in U.S. dollars. The availability of products may be limited depending upon the shipment destination. Prices do not include any shipping and handling fees, foreign exchange or transaction fees, or any applicable taxes – any shipping and handling fees and taxes charged or collected by Everyday it Matters will be added to your order and will appear as a separate charge on your order receipt/confirmation. If applicable, currency exchange rates and foreign transaction fees are generally determined and applied by your payment provider and you acknowledge and agree that Everyday it Matters shall have no responsibility for refunding nor compensating you for amounts or expenses incurred in connection therewith. We may occasionally make errors in the stated prices on this site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.


ORDER ACCEPTANCE


Please note that the price quoted for each item on the site should be regarded as an invitation for offer and should not be regarded as an offer. Your order is an offer for purchase, which will be accepted when Everyday it Matters confirms your order. There may be certain orders that we are unable to accept and must cancel. Everyday it Matters reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We may contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.


TRANSFER OF TITLE

Title to the products in your order will be transferred to you when the products leave our warehouse and are delivered to the carrier for shipment to an address designated by you in the order. All liabilities and risks to the products will also be transferred to you at that time. By placing an order on this Site, you authorize Everyday [It] Matters, LLC to engage third party shipping services on your behalf.


PRODUCT DESCRIPTION

 

While we endeavor to provide an accurate description of the products, we do not warrant that such description is accurate, current or free from error. Also note that the products may be tangible (physically shippable), and Intangible (digital or downloadable).


PRICES OF PRODUCTS


All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.


CREDIT CARD TRANSACTIONS

 

To the extent you as a buyer effect any transactions using a credit card, you must have a valid credit card on file, and we will (or a third party credit card processor may) store your credit card information. Everyday it Matters will verify your credit card information (including expiration date and billing address), but will not charge your credit card unless you conduct an activity through the Service that requires your credit card to be charged. By agreeing to pay for a transaction with your credit card, you authorize us to charge your credit card.


FEE MODIFICATIONS

 

We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service.

TAXES, SHIPPING AND HANDLING

 

Stated prices do not include any customs, duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase. We reserve the right to charge shipping and handling fees, as determined by Everyday it Matters in its sole discretion, to cover the cost of processing, handling and shipping orders, and which may include amounts incurred for customs, transport and duties as applicable. Any shipping and handling charges will be added to your order and will appear as a separate charge on your receipt/order confirmation.


DAMAGED OR INCOMPLETE SHIPMENT

 

If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please contact us. We must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion. Additional or different rules apply to UK customers in respect of damaged or incomplete shipments which can be found here.


RETURNS


We do not currently allow returns of items, but we do strive to make our customers happy. If the item you receive is damaged, the wrong item or not as described, or if any items are missing, then you must report the issue in the Everyday it Matters Service within 3 days after delivery of the purchased item. Alternatively, you can also email us within 3 days after delivery at help@everydayitmatters.com to let us know.

 

We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.


CANCELLATION OF ORDER

 

Everyday it Matters reserves the right to cancel any order without any explanation for doing so, under situation where Everyday it Matters is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Everyday it Matters policy or for any reason. However, Everyday it Matters will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.


CORRECTION OF ERRORS


Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.


ACCEPTANCE OF ELECTRONIC DOCUMENTS


You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LINKS AND THIRD PARTY WEBSITES


We may include links to third party websites at any time. However, the existence of a link to another website should not be considered as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise. In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites. Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.


NO SPAM POLICY


You understand and agree that sending unsolicited email advertisements to Everyday it Matters email addresses or through Everyday it Matters computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in New Jersey. Any unauthorized use of Everyday it Matters computer systems is a violation of these Terms and certain federal and state laws.


INTELLECTUAL PROPERTY /OWNERSHIP

 

All right, title and interest in and to the Site and the Service are and will remain the exclusive property of Everyday it Matters and its licensors. Everyday it Matters logos, icons and other marks identifying Everyday it Matters services or products are trademarks of Everyday it Matters and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy reproduce, distribute, or create derivative works of the Service or the Site without Everyday it Matters express written authorization. All rights not expressly granted in these Terms are reserved to Everyday it Matters.

Everyday it Matters respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distributed, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us at help@everydayitmatters.com. Filing a notice of infringement with Everyday it Matters requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998.


DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

 

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on or through the Platform, please notify Everyday it Matters copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 permit Everyday i
t Matters to locate the material;
4. Information reasonably sufficient to permit Everyday i
t Matters to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party must be contacted;
5. 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, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
i. The above information must be submitted to the following address:


EVERYDAY [IT] MATTERS, LLC
Attention:
Erica Serain-Hoffman

PO Box 

 

Only DMCA notices mailed to the address above or emailed to help@everydayitmatters .com will be accepted. All other inquiries or requests will be discarded. Upon receiving a complaint related to copyright infringement, Everyday it Matters may remove the content identified as being infringing. In addition, Everyday it Matters may, but is under no obligation to, terminate the Account of the party that appears to be the infringer.


AVAILABILITY OF SERVICES, SUSPENSION AND TERMINATION


Subject to the terms of this agreement and Everyday it Matters' policies and procedures, Everyday it Matters shall use commercially reasonable efforts to provide the Platform in a manner that will not disrupt your business. You acknowledge and agree that from time-to-time, the Platform may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the reasonable control of Everyday it Matters or that are reasonably unforeseeable by Everyday it Matters , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Everyday it Matters is not liable for interruptions to the availability of the Platform and further acknowledge that Everyday it Matters does not guarantee access to the Platform on a continuous and uninterrupted basis.

 

Everyday it Matters may decline, remove or halt sales of any Digital Good or Physical Product, suspend or terminate an Account, and/or suspend or terminate the Platform at any time, in its sole discretion, without cause or notice to you or any penalty or liability for doing so.

 

Everyday it Matters, in its sole discretion, may suspend or terminate your Account(s), or retain any or all funds in your Balance, if Everyday it Matters suspects or has reason to believe and/or if a person otherwise claims that you have violated the law or breached any term of this Agreement. In addition to the foregoing, and all other rights and remedies available to Everyday it Matters at law or in equity and notwithstanding anything in the Agreement to the contrary, in the event you breach any term of this Agreement, or your Account becomes dormant and/or has a negative Balance, Everyday it Matters will have the right to immediately suspend or terminate your Account and your rights to access, use and/or otherwise participate in the Platform. Upon such termination, you agree to immediately cease all use of the Platform. Without limiting the foregoing, Everyday it Matters shall have the right to immediately terminate your access and use of the Platform, or any portion thereof, in the event of any conduct that Everyday it Matters , in its sole discretion, considers unacceptable. Following suspension or termination of an Account or retaining of funds pursuant to this Section, Everyday it Matters will review your Account in a manner determined by Everyday it Matters in its sole discretion. You agree to cooperate with this review if asked. If the review concludes that there is a reasonable basis to believe misconduct has occurred, you agree that Everyday it Matters may retain funds in your Everyday it Matters account as liquidated damages and/or for the benefit of Everyday it Matters or third parties affected by the misconduct. You acknowledge and agree that such liquidated damages: (i) are not a penalty, and (ii) are reasonable and not disproportionate to such presumed damages to Everyday it Matters.

 

Everyday it Matters may temporarily withhold any portion of the funds in your Account if Everyday it Matters, in its sole discretion, determines such action is necessary to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness you may have incurred with Everyday it Matters or any buyer. If you maintain a refund rate in excess of 15%, you agree that we may retain an amount equal to 25% of your current Balance for 90 days on a rolling basis to cover the cost of refunds. If you maintain a refund rate significantly above this amount, your Account may be subject to additional fees.


INDEMNIFICATION


In the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever (each, a “Claim”) in connection with your use of the Platform, including without limitation your activities to Promote and/or Deliver Digital Goods or Physical Products, you shall defend, indemnify and hold harmless Everyday it Matters, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (each, a “Everyday it Matters Party”; and collectively, the “Everyday it Matters Parties”), from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defense, litigation, and reasonable attorneys' fees and costs) (“Losses”) incurred by any Everyday it Matters Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.


Upon receiving notice of a Claim for which Everyday it Matters is entitled to indemnification by you, Everyday it Matters shall provide you with written notification and the opportunity to assume sole control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at your sole expense; provided, however, that (i) any settlement which would impose a non-monetary obligation on and/or admission or finding of liability or wrongdoing by Everyday it Matters will require Everyday it Matters 's prior written consent; (ii) the failure to provide timely notice, control, or assistance shall not relieve you of your indemnification obligations; and (iii) Everyday it Matters may have its own counsel present at and participating in all proceedings or negotiations relating to a Claim, at Everyday it Matters 's own expense, unless you fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case you shall pay all expenses related to Everyday it Matters 's use of such counsel.

LIMITATION OF LIABILITY


In no event shall any Everyday it Matters party, or its heirs, successors and assigns, be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, resulting from, or in connection with this agreement and/or any (a) use of or inability to use the platform, (b) personal injury, property damage, or losses of any kind, resulting from your access to and/or use of the platform, (c) unauthorized access to or use of any and all personal information and/or financial information stored therein, (d) interruption or cessation of transmission to or from the platform, and/or (e) bugs, viruses, trojan horses, or the like, which may be transmitted to or through the platform, whether or not Everyday it Matters is advised of the possibility of such damages. Notwithstanding anything herein to the contrary, the maximum cumulative and aggregate liability of Everyday it Matters for all costs, losses or damages from claims arising under or related in any way to this agreement, whether in contract, tort or otherwise, shall not exceed an amount equal to the total amounts due and payable by Everyday it Matters to you under this agreement for the month immediately preceding the date upon which such damages accrue. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The platform, and any services or information offered through or in association with the platform, would not be provided without such limitations and you agree that the limitations of liability and disclaimers specified herein will survive and apply even if found to have failed of their essential purpose. Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, in such jurisdictions, you agree that the liability of Everyday it Matters shall be limited to the fullest extent permitted by such jurisdiction.


NO VALIDITY GUARANTEED

Everyday it Matters does not endorse, approve, or certify any information provided on or through the Platform, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Information provided on or through the Platform may or may not be current as of the date of your access, and Everyday it Matters has no duty to update and maintain such information. Additionally, the information provided on or through the Platform may be changed periodically without prior notice. All content provided on or through the Platform is provided "AS IS." Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.


YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU UNDERSTAND THAT EVERYDAY IT MATTERS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM.


DISCLAIMER

 

EVERYDAY IT MATTERS MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED. ANY CONTENT DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.


PRIVACY


Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. The entire Privacy Policy is available here.


GOVERNING LAW


This website is controlled by Everyday it Matters from our offices located in New Jersey, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of New Jersey, by accessing our website, you agree that the statutes and laws of New Jersey, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in the United States of America, You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.


NO AGENCY


No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.


ASSIGNMENT

Everyday it Matters may freely assign or transfer any or all of the rights and obligations described in this Agreement, or this Agreement in its entirety in connect with a merger, acquisition, or sale of assets or by operation of law or otherwise. You may not assign this Agreement or any of your rights and duties hereunder without the prior written consent of Everyday it Matters. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.


SEVERABILITY


If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.


ENTIRE AGREEMENT


This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter.

WAIVER

 

The waiver or failure by Everyday it Matters to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of Everyday it Matters set forth in this Agreement are cumulative and are in addition to any rights or remedies. Everyday it Matters may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.


FORCE MAJEURE


Neither you nor Everyday it Matters shall be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.


HEADINGS/INTERPRETATION


The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. Any graphics or annotations provided in connection with this Agreement are for illustration purposes only and do not constitute part of the Agreement and changing a graphic does not qualify as a change to this Agreement. The list of Prohibited Products and Activities is separately maintained, and modifications thereto will not qualify as a change to this Agreement.

 

CONTACT INFORMATION


If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:


EVERYDAY [IT] MATTERS, LLC
2019884845
help@everydayitmatters.com

Last updated on 5th, August, 2019

Sign Up!

0

© 2019 Everyday [it] Matters, LLC.