Terms and Conditions

The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website www.everlycomm.com, which shall include, without limitation, this website and any other Everly Communications, LLC owned websites, micro-sites, social media pages, accounts, applications and services. (collectively, “Everly Communications”, “Everly” the “Site”, or “we”). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

Links to Third-Party Websites

Everly Sites may contain links to third-party websites. These links are provided for your convenience only. Everly has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Everly Sites, you do so entirely at your own risk and your use of those websites is subject to those websites’ terms and conditions and privacy policies.

United States Only

Unless otherwise specified, the Everly Sites are presented solely for the purpose of promoting products and services available in the United States. Everly makes no representation that our services are appropriate or available for use in other locations. If you access Everly Sites from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.

Indemnification

You agree to defend, indemnify and hold harmless Everly and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Everly Sites.

Disclaimer of Warranties

EVERLY AND THE CONTENT PROVIDED ON OR THROUGH THE EVERLY SITES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND EVERLY HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER EVERLY NOR ANY PERSON ASSOCIATED WITH EVERLY MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE EVERLY SITES OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER EVERLY NOR ANYONE ASSOCIATED WITH EVERLY REPRESENTS OR WARRANTS THAT THE SITES APPLICATIONS OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE EVERLY SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

IN NO EVENT SHALL EVERLY OR ANY OF ITS VENDORS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, THE PRODUCTS AND SERVICES ON THIS SITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF EVERLY OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:

ANY CHANGE MADE BY EVERLY TO OUR SITE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SERVICES; ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER’S CONTENT THAT MAY APPEAR ON THE SITE; YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE; YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION.

Code of Conduct

Everly reserves the right to refuse service or remove or edit content in its sole discretion.

All alcohol listings are intended for individuals who are 21 years of age or older. You must be at least 21 years of age to use Everly Sites. By visiting this Site and using any services therein, you are agreeing that you are indeed eligible for its use and are over 21 year of age. Persons under 21 years of age are prohibited from using this Site in any way.

You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree that you will not interfere with or disrupt the Site or any of the services provided by Everly and that you will not access Everly by any other means other than through the interface provided.

You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage Everly may suffer. You also agree that Everly has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach.