We reserve the right, in our sole discretion, to update or modify these Terms at any time. Your continued use of the Site following the posting of any changes to these Terms constitute your acceptance of those changes. Please read these Terms carefully and if You have any questions, please contact us as instructed below.
Use of the Site.
The Site will provide you and other users with information and the opportunity to obtain from and share Content with others. You are entirely responsible for your use of the Site and any Content you provide or use. You hereby represent and warrant that You have full legal right and authority to use the Site and participate in the services available on and through the Site. You further represent and warrant that You will not use the Site for any illegal purpose.
You agree and acknowledge that all information, text, files, images, photos, video and other materials created by You or others and posted on, transmitted through or linked from this Site (“Content”) are solely owned by and the sole responsibility of the person from whom such Content originated. EVERGIB LLC does not control and is not responsible for Content made available through this Site. You understand that You may be exposed to Content that is offensive, indecent, inaccurate or otherwise objectionable. By posting Content on or through this Site, You hereby grant to us a nonexclusive, fully paid and royalty-free, sub-licensable and worldwide license to use, modify, publicly perform, publicly display, reproduce and distribute such Content for any purpose without compensation to you. You represent and warrant that You own or control all applicable rights or You have obtained any consent or approval under any applicable copyright, trademark, intellectual property or other laws that may be necessary to publish, store or use the Content and You have the right to grant the license set forth in this section. You agree to pay for all royalties, fees or other amounts owed to any person or entity for any Content posted by You on or through this Site or our use of the Content in accordance with this license.
You are solely responsible for the Content and context of any materials You post or submit through this Site. You warrant and agree that while using this Site, You will not post, email, or otherwise make available Content that: is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; is pornographic or depicts a human being engaged in sexual conduct; harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; impersonates any person or entity, including, but not limited to, one of our employees, a governmental official, or falsely states or otherwise misrepresents your affiliation with a person or entity; is false, deceptive, misleading, deceitful, or misinformed; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects others’ ability to use the Site; or employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site.
You further warrant and agree not to: (a) “talk” or otherwise harass anyone; (b) collect personal data about other visitors or any other person for unlawful purposes; or (c) attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site.
You acknowledge that EVERGIB LLC may or may not pre-screen Content, but that EVERGIB LLC and its agents shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Site, including without limitation, any Content that violates these Terms or is otherwise objectionable.
The Site may contain links to other Websites. We do not control such other Websites and are not responsible or liable for the availability thereof or the products, services or other materials contained on such Websites. We shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by You in connection therewith. Your access and use of linked Websites, including the products, services and materials therein, is solely at your own risk.
You hereby agree and acknowledge that as between You and EVERGIB LLC, EVERGIB LLC owns all right, title and interest in and to this Site, including, without limitation, all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. You acknowledge that all marks that appear throughout the Site belong to EVERGIB LLC, or the respective owners of such marks, and are protected by applicable trademark and copyright laws. Any use of any of the marks appearing throughout the Site without the express written consent of EVERGIB LLC or the owner of the mark, as appropriate, is prohibited.
No Warranty/Limitation of Liability.
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. EVERGIB LLC, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS (“EVERGIB LLC PARTIES”) MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO USE OF THIS SITE OR THE CONTENT. THE MOM COMPLEX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.
YOU FURTHER AGREE THAT EVERGIB LLC HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT MAINTAINED BY OR TRANSMITTED THROUGH THE SITE.
UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY EXCEED ANY MEMBERSHIP FEE WE MAY CHARGE YOU, AND UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL, EVEN IF THE MOM COMPLEX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. EVERGIB LLC PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. EVERGIB LLC DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED AND ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE.
You agree to indemnify, hold harmless and, at our option, defend EVERGIB LLC Parties from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Site, your violation of these Terms, or your infringement, or the infringement or use of any Intellectual Property Rights (as defined herein).
In the event any provision of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in these Terms shall not constitute a waiver of such rights upon the recurrence of such violation.
We reserve the right at any time to modify, suspend or permanently discontinue the Site or any portion thereof, with or without notice. You hereby agree that EVERGIB LLC shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site. If You become dissatisfied with this Site in any way, your only recourse is to immediately discontinue such use.
All legal issues arising from or related to the use of this Site shall be construed in accordance with the laws of the State of Virginia applicable to contracts entered into and wholly to be performed within Virginia. Any controversy or claim arising out of or relating to these Terms or your use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.
Third Party Disputes.
If there is a dispute between You and any third party, You understand and agree that EVERGIB LLC is under no obligation to become involved. In the event that You have a dispute with one or more other third parties, You hereby release EVERGIB LLC Parties from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site. If You are a California resident, You waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees.
These Terms constitute the entire agreement between You and Us relating to the subject matter herein.
If You have comments on the Site or ideas on how to improve it, please email firstname.lastname@example.org. Please note that by doing so, You also grant EVERGIB LLC permission to use and incorporate your ideas or comments into the Site without compensation or acknowledgement.
If you have any questions or concerns about the Site, contact us at email@example.com.
2414 Grove Avenue
Richmond, VA 23220
This policy was last modified on 12/28/2016.