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Welcome to www.evergib.com (the “Website”). This Website is owned and operated by EVERGIB, LLC (“EVERGIB”, “us”, “we” or “our”). By accessing and using the Website, you (“You”) agree to be bound by the following Terms of Use (the “Terms”) and all applicable laws. 

We reserve the right, in our sole discretion, to update or modify these Terms at any time. It is advised that You carefully read these Terms prior to using the Website. We may change the Terms by posting them here. Your continued use of our Website is deemed acceptance of any updated Terms. 

Intellectual Property Rights. 

Our Website and all information, copy, images, photos, video and other content displayed on our Website (“Materials”) are protected by certain rights. These rights may include patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trademarks and service marks, business names and domain names, goodwill, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to us or our clients or are licensed to us. We expressly reserve all Rights in and to our Website and the Materials. 

You may not:

• remove any copyright or other proprietary notices contained in the Materials;

• use any Materials in any manner that may infringe any of our Rights or third party Rights; or

• reproduce or modify the Materials in any way without our prior written consent.

General Provisions & Applicable Law.

• You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

• If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions, which will remain in full force and effect.

• Our failure to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

• State and Federal courts in Richmond, Virginia will have exclusive jurisdiction over any claim arising from or related to our Website or these Terms.

Links.

This Website 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. Other Websites may also reference or link to our Website. It is encouraged that when you leave our Website to read the terms and conditions and privacy statements of each and every Website that you visit. We are not responsible for the practices or the content of such other Websites. 

No Warranty/Limitation of Liability.

THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHILE EVERGIB, LLC USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, EVERGIB, LLC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOVER FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE. EVERGIB, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EVERGIB, LLC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EVERGIB, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVERGIB, LLC SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.  

IN NO EVENT WILL EVERGIB, LLC BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EVERGIB, LLC BE LIABLE OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEBSITE, EACH OF WHICH, TO THE FULLEST EXTENT PERMITTED BY LAW, IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE 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 WEBSITE.

Indemnification.

You agree to indemnify, hold harmless and, at our option, defend EVERGIB, LLC from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, your improper use of this Website, your violation of these Terms, or your infringement, or the infringement or use of any Intellectual Property Rights (as defined herein).

Severability.

In the event any provision of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator for any reason, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. 

Waiver.

The failure of EVERGIB, LLC to partially or fully exercise any rights or the waiver of EVERGIB, LLC of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by EVERGIB, LLC or be deemed a waiver by EVERGIB, LLC. of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of EVERGIB, LLC under these Terms and Conditions and any other applicable agreement between you and EVERGIB, LLC shall be cumulative, and the exercise of any such right or remedy shall not limit EVERGIB, LLC’s right to exercise any other right or remedy. 

Inquiries or Complaints.

If you have an inquiry or complaint about our Website (including the Materials that appear on our Website), you should contact us at the address provided below.

Privacy Policy.

Use of the Website and information collected through the Website will be used in accordance with our Privacy Policy. By accepting the terms of these Terms, You hereby acknowledge that You have read and understand the Privacy Policy and agree to its terms.

Arbitration.

All legal issues arising from or related to the use of this Website 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 Website 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 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 Website. 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.”

Entire Agreement.

These Terms constitute the entire agreement between You and Us relating to the subject matter herein.

Contact.

If you have any questions about these Terms and Conditions, please contact us at hello@evergib.com.

Updated: January 2019