Please read these Terms fully and carefully before using the Services, because these Terms form a legally binding contract between you and Everian for your use of the Services. We provide you with access to and use of the Services subject to your compliance with these Terms. By using the Services, you agree to be bound by these Terms. If you are a funeral care professional accessing the Services on behalf of your customer or another entity, you represent and warrant that you have the authority to agree to these Terms on their behalf, and further that your customer has authority to act on behalf of the deceased person ("the deceased") referenced in any transaction that you initiate. If you are a customer accessing the Services on behalf of the deceased person ("the deceased"), you represent and warrant that you have the authority to agree to these Terms on their behalf, and further that you have authority to act on behalf of the deceased person ("the deceased") referenced in any transaction that initiated by you or a funeral care professional.
This agreement governs your use of Everian and may affect your legal rights.
By registering for the Services, you represent and warrant that you are at least 18 years of age. If you are under 18, you may not, under any circumstances or for any reason, use the Services. We reserve the right to change our eligibility criteria at any time, and to refuse to offer the Services to anyone for any reason or no reason at all. You are solely responsible for ensuring that these Terms comply with all applicable laws, rules and regulations (collectively, Laws), and your right to use the Services is revoked wherever these Terms, your use of the Services, or any part of the Services conflicts with any Laws.
You can’t use the Services if you are under 18 or if these Terms or the Services violate your local law.
2. Registration and Responsibilities
While certain aspects of the Services are public, others require you to sign up for the Services by registering for an account (an Account). You are solely responsible for keeping the email address associated with your Account accurate and up to date, since this is the only way we can contact you about your Account and your use of the Services. You promise not to (i) intentionally impersonate another person by using their name and/or email address and/or/account or (ii) use an email address for which you don’t have the proper authorization. You must keep your password secure and should never publish, distribute or post your Account login information, because you are responsible for any activity that occurs on your Account.
You promise to immediately let us know if there is any unauthorized use of your Account, security breach, or change in your eligibility to use the Services. You can delete your Account at any time by contacting Everian Customer Support.
If you sign up for an Account, you are responsible for any Account activity and
for keeping your Account email address up to date so that we can reach you. Be mindful
about how you share and protect your Account, and let us know immediately if you think
there are any issues by contacting Everian Customer
3. Your Information
a. Overview. You are solely responsible for all Content that you add, create, upload, submit, distribute or post to the Services, and you represent that all content provided or generated by you is accurate, complete, current, truthful and in compliance with all Laws. For clarity, the below license grants to us and others does not affect your other ownership or license rights in the content, including the right to grant additional licenses to the content, unless otherwise agreed in writing. To be clear, you own your content. You promise that you have all rights to grant such licenses to us without infringement or violation of any third party rights. If you are a funeral services professional accessing the Services on behalf of your customer or another entity, you represent and warrant that you have the authority to (i) add, create, upload, submit, distribute or post any and all Content to the Services on such customer or entitys behalf and (ii) bind such customer or entity to the licenses set forth in this Section 3.
In other words: You own all of your content, but you’re ok with Everian viewing or using your content in accordance with this agreement.
The Everian team employs top-notch standard methods to make sure that your Secure Information will be safe, though no security measure can be guaranteed to be 100% effective.
4. Everian Proprietary Rights
Any information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics and interactive features that Everian generates, provides or otherwise makes accessible on or through the Services (collectively, Content) are Everian property or that of our suppliers or licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content that you access through the Services. Subject to these Terms, we grant you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for purposes other than using the Services is expressly prohibited without our prior written permission. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. We can, but do not have to, (a) remove, edit or modify any Content in our sole discretion at any time, without notice to you and for any reason (including without limitation if we think you may have violated these Terms or upon receipt of claims or allegations from third parties or authorities relating to such Content) or for no reason at all or (b) to remove or block any Content from the Services.
We own the Services and the Content. You are allowed to use them in accordance with this agreement. We can edit, take down, or block any Content at any time.
5. Acceptable Use
As a condition of your use of the Services, you agree to use the Services only for lawful purposes and to comply with these Terms and all Laws. You also agree to respect the privacy and Secure Information of other users of the Services.
You agree not to, and shall not allow anyone else to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate the distribution of any Content, including without limitation Your Information, on or through the Service, that:
a. includes identification documents or sensitive information of any party who has not
explicitly authorized you to do so;
b. infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy or other right of any other person or entity or violates any law or contractual duty;
c. you know or believe to be false, misleading, untruthful or inaccurate;
d. impersonates, intimidates or harasses any person or entity, including any of our employees or representatives;
e. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (spamming); or
f. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
You must comply with the law and this agreement, and you promise not to submit any prohibited or harmful Content.
You are further prohibited from violating or attempting to violate the security of the Services or Everian’s other systems or network security, including without limitation the following:
a. accessing data not intended for users of the Services;
b. gaining unauthorized access to an account, server or any other computer system;
c. attempting to or engaging in, directly or indirectly, probing, scanning or testing the vulnerability of a system or network or to breach security or authentication measures;
d. attempting to interfere with the function of the Services or the Services host or network, including without limitation by submitting, directly or indirectly, any Content or Your Information that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
e. sending altered, deceptive or false source-identifying information, including without limitation spoofing or phishing; or
f. forging any TCP/IP packet header.
You must not violate or attempt to violate the security of the Services.
6. Links to Third Party Sites
7. Payments and Billing
a. Premium Services. Some of our Services are subject to payments (the Premium Services). These services are currently only available to licensed funeral services professionals through a company account or individuals via an individual account. Premium Services are billed based on use and according to the terms laid out in your company or individual account agreement. Please note that any payment terms presented to you in the process of using or signing up for Premium Services are incorporated into these Terms.
b. Paying. We accept credit card payments for use of the Premium Services through our third-party payment processor, Stripe https://stripe.com/us/terms. The processing of payments will be subject to the terms, conditions and privacy policies of Stripe in addition to these Terms. We are not responsible for Stripes error. By choosing to use the Premium Services, you agree to pay us, through Stripe, all charges at the prices then in effect for use of such Premium Services and you authorize us to have your credit card charged by Stripe. The terms of your payment may be determined by agreements between you and your credit card company. If we, through Stripe, do not receive payment from you, you agree to pay any amounts due upon demand.
c. Billing. Everian will bill any fees associated with your use of the Premium Services plus applicable tax to the credit card you provide. By signing up for and using the Premium Services, you acknowledge that the fees associated with your use of the Premium Services will be automatically charged while you continue to use the Premium Services. YOU AGREE THAT CONSISTENT SERVICE FEES BE CHARGED AUTOMATICALLY BY US WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU WISH TO CHANGE YOUR CREDIT CARD INFORMATION. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT. TO CHANGE YOUR PAYMENT METHOD, LOG INTO YOUR EVERIAN ACCOUNT, CLICK ON ACCOUNT SETTING AND UPDATE YOUR BILLING PREFERENCES.
We will bill the credit card we have on file automatically at the end of each billing period at the price you agreed to pay, unless you tell us far enough in advance that you want to use a different credit card.
d. Current Payment Information Required. You are responsible for keeping your credit card information current, complete and updated. If your credit card reaches its expiration date, we will attempt to contact you to update your payment information using the email address associated with your Account. You agree to promptly notify us and your credit card company if your credit card is canceled (e.g., for loss or theft) or if you become aware of potential breach of security. You agree that we (via Stripe) may continue charging your credit card for the Premium Services unless you tell us to use a different credit card before the end of the applicable billing period. If any fee is not paid in a timely manner, or Stripe is unable to process your transaction using the credit card information you provided for payment, we reserve the right to suspend or terminate your access to the Premium Services.
You must keep your credit card information current. We will try to contact you if your payment method doesn’t work. We can suspend or terminate your access to the Premium Services if you don’t pay on time.
e. Applicable Fees. All fees and charges are nonrefundable. Everian may change the fees and charges in effect, or add new fees and charges from time to time, but we will notify you of any such changes in advance through the email address associated with your Account. Again, it is your responsibility to keep your contact information and payment information current and updated.
We do not issue refunds, and we will let you know if we change any fees.
You may cancel your Account and/or your use of and access to the Premium Services at any time by contacting Everian customer support at firstname.lastname@example.org. All previously-incurred charges must be paid in full prior to deactivating your account. Again, please note that any charges submitted to or processed by Stripe before we could reasonably act in response to such cancellation will not be affected. Everian will not issue a refund for the most recently (or any previously) charged fees associated with the Premium Services prior to any such cancellation. All outstanding orders will be completed prior to termination of your account. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, any licenses to information, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
Cancellation is effective immediately, but does not affect orders already placed or charges already incurred. Parts of this agreement still apply to you even after you cancel your Account.
9. Warranty Disclaimer
We have no special relationship or fiduciary duty to you. You release us from all liability for any release of your content, pursuant to our (a) receipt from you of any instructions or permissions authorizing such release to any other person, including without limitation any Read Or Write Access Deputy or (b) compliance with any Laws.
If we received valid instruction regarding a release of information, well do what it says, and you won’t hold that against us.
We use industry standard or better safeguards to protect the security and confidentiality of your Account and content. Nevertheless, we cannot guarantee absolute security, and no security measures are 100% effective and fool-proof. THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT, INFORMATION, FUNCTION, AND MATERIALS, IS PROVIDED AS IS, AS AVAILABLE AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS, RELIABILITY OF ANY OPINION, ADVICE OR OTHER CONTENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE TIMELY, SECURE, FREE FROM HACKING OR OTHER SECURITY INTRUSION, UNINTERRUPTED, ERROR FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL EVERIAN BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OR MATERIALS OBTAINED THROUGH THE SITE OR THIRD PARTY SITE, OR BY YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED THROUGH A THIRD PARTY SITE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY OPINION, ADVICE, RESULTS, INFORMATION OR MATERIALS AVAILABLE THROUGH THE SITE OR OBTAINED THROUGH A THIRD PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, MATERIALS OR OTHER INFORMATION. NO ADVICE, OPINION, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
While we believe we provide some of the best security safeguards for internet based services and are constantly improving, no site can promise 100% security. The Services are provided as is. You should evaluate any Content or information you receive through the Services or any Third Party Site on your own or with your own outside professional advice.
9. Everian is Not a Licensed Professional
EVERIAN IS NOT A LICENSED HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, LAW FIRM, OR FINANCIAL ADVISORY FIRM, AND THE EMPLOYEES OF EVERIAN ARE NOT ACTING AS YOUR HEALTHCARE PROVIDERS, MEDICAL PROFESSIONALS, ATTORNEYS, OR FINANCIAL ADVISORS. THE SERVICES ARE NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, ATTORNEY, OR FINANCIAL ADVISOR. EVERIAN CANNOT AND DOES NOT PROVIDE MEDICAL, LEGAL, OR FINANCIAL ADVICE. EVERIAN IS NOT PERMITTED TO ENGAGE IN THE PRACTICE OF MEDICINE, LAW, OR FINANCIAL ADVISING. EVERIAN IS PROHIBITED FROM PROVIDING ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION TO YOU ABOUT (A) POSSIBLE DIAGNOSES, MEDICAL CONDITIONS, MEDICAL TREATMENT, LIFE EXPECTANCY, OR PROGNOSES; (B) LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS OR STRATEGIES; OR (C) ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION ABOUT POSSIBLE FINANCIAL INVESTMENTS OR STRATEGIES.
Everian does not and cannot provide medical, legal, or financial services, and should never be used as a substitute for the advice of a licensed professional.
The information or materials that you obtain or receive from Everian, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on or through the Services is for informational purposes only. At no time does Everian review the information you provide us for legal sufficiency, draw legal conclusions, provide legal advice, or apply the law to the facts of your particular situation. Neither Everian nor the Services are intended to provide personalized financial or tax advice, and you hereby agree that any information provided to or accessed by you from time to time on or through the Services is not developed or provided by Everian as investment advice and will not be used or treated by you as investment advice.
Anything you access through the Services is for informational purposes only, and you won’t use it as personalized advice.
You shall defend, indemnify and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from Your Information, violation of these Terms, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
You will reimburse us for any loss we suffer that is tied to your Account and results from any use or misuse of the Services, violation of this agreement, or infringement of any third party’s right.
12. Limitation of Liability
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE TO YOU OR TO YOUR READ OR WRITE ACCESS DEPUTIES, HEIRS, SUCCESSORS OR YOUR ESTATE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, (II) UNAUTHORIZED ACCESS TO OR LOSS, CORRUPTION OR ALTERATION OF YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICES, (V) EVERIAN ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT OR CREDIT CARD INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM, (VI) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF YOUR INFORMATION OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT, (VII) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING THE SERVICES OR (VIII) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, GOODWILL, LOST BUSINESS, USE, DATA, SALES, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES (HOWEVER ARISING), EVEN IF EVERIAN OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00.
Our legal liability to you is limited. Please understand that we cannot run our business without it.
13. Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the state of Delaware, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Delaware.
In other words: Delaware and US laws apply to this agreement, and any dispute will take place only in Delaware.
We can modify, amend, change or replace any of the terms, conditions or provisions of these Terms, or change, suspend or discontinue the Services (including without limitation the availability of any feature, database or content) at any time by replacing these Terms on the Site and by sending you a notice through the Services via email. It is your responsibility to check these Terms periodically for changes, and to keep your email address current. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes. If you disagree with the new terms, please stop using the Services (but, before doing so, you may want to export and delete your Secure Information and your Account from the Services). In the unlikely event that we discontinue the Services, we will notify you to allow you to export Your Information.
This agreement may change, and if you continue using the Services after such change you will be deemed to have accepted the updated terms. We don’t anticipate shutting down, but in case we do, we want you to be able to get your information.
a. Entire Agreement. These Terms and all other Everian agreements and policies expressly incorporated by reference, each as may be amended or modified by Everian in accordance with its terms from time to time, together constitute the entire agreement between you and us and govern your use of the Services, and supersede all prior or contemporaneous communications and agreements of any kind between you and us with respect to the Services. If any incorporated agreements or policies conflict with these Terms, these Terms shall control.
c. Force Majeure. We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including without limitation mechanical, electronic or communications failure or degradation.
d. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instances does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
The only valid way for us to waive your compliance with any of this agreement is by written notice from us. If any part of this agreement is found to be invalid, the rest still stands.
e. Assignment. These Terms are personal to you, and you may not assign, transfer or sublicense any of your rights or obligations under these Terms without Everian’s express prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
f. No Relationship. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
g. Cancellation and Termination. Again, you may cancel your Account and export and delete your Secure Information at any time. Everian may also suspend or terminate your Account if you violate these Terms. We may attempt to notify you before suspending or terminating your Account so that you can export or delete your content, but we reserve the right to immediately suspend or terminate your Account in certain circumstances, such as causing harm to another user, disrupting other users use of the Services, or causing Everian potential legal liability.
h. Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when (i) receipt is electronically confirmed, if transmitted by facsimile email; (ii) received, if personally delivered or sent by certified or registered mail, return receipt requested; or (iii) the day after it is sent, if sent for next day delivery or recognized overnight delivery service. Electronic notices should be sent by contacting Everian Customer Support at email@example.com.
Contact: You may contact us at the following address:
223 S. Whitcomb Street
Fort Collins, CO 80521
EFFECTIVE DATE: 24 August, 2017
LAST UPDATE: 29 November, 2017