Terms of Service

Last Updated: August 9th, 2020

These Terms of Service (“Terms of Service”) constitutes a binding agreement between you and Evy Planner Inc. (“Company,” “we” or “us”).  By using our platform or applications, including mobile applications, as a visitor or registered user (collectively, the “Service”), or by clicking your acceptance to our Terms of Service, you agree to be bound by our Terms of Service and our Privacy Policy available at: https://www.evyplanner.com/privacy-policy and which is incorporated into these Terms of Service by reference.  These Terms of Service and our Privacy Policy govern your access to and use of our Service, including any content, data, functionality, and services offered on or through our Service, whether you are a guest or a registered user.  If you do not agree with our Terms of Service or our Privacy Policy, you must not use or access our Service.

BY ACCEPTING THESE TERMS OF SERVICE, AS PROVIDED IN THE “ARBITRATION” SECTION BELOW, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

Entire Agreement

As a user of our Service, you may be required to establish an account as a Planner, Client, or Vendor, or be given access to certain content on the Service provided by other users.  If you do so, these Terms of Service and our Privacy Policy comprise the sole and entire agreement between you and us regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Creating an Account and Account Security

To access and use our Service, you may be asked to provide certain registration details or other information.  It is a condition of your use of our Service that all the information you provide on the Service is accurate, current, and complete. You agree that all information you provide to register with our Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We reserve the right to cease, withdraw, or alter our Service, and any information, data, content, service or material we provide through it, in our sole discretion without notice to you.  We will not be liable if, for any reason, all or any part of our Service is unavailable for any period of time.  From time to time, we may restrict access to some parts of our Service, or the entire Service, to visitors or users, including registered users.  You are responsible for both making all arrangements necessary for you to have access to the Service and ensuring that all persons who access the Service through your Internet connection are aware of these Terms of Service and comply with them.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service or our Privacy Policy.

Children’s Policy

We do not knowingly collect information from anyone under the age of thirteen (13) years old.  Our Service is meant to be used only by people who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions.  By using our Service, you represent and warrant that you are of legal age to form a binding agreement with us and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use our Service.

Changes to Our Service and Our Terms of Service

We may in the future change, update or modify the content on our Service, or the features or functionality of our Service.  However, any content on our Service is not necessarily complete or current at all times.  Any of the content or material on the Service may be out of date at any given time, and we are under no obligation to update such material on our own.

We may also at times revise and update our Terms of Service at our sole discretion.  All changes are effective immediately upon posting a revised version of these Terms of Service, and apply to all access to and use of our Service.  As a user, your continued use of our Service following the posting of a revised Terms of Service means that you accept and agree to the revised version.  We therefore encourage you to periodically check this page so you are aware of any changes, as they are binding on you.

Prohibited Uses

Your use of our Service must be for lawful purposes only and must at all time be in compliance with our Terms of Service and Privacy Policy.  You agree not to use our Service:

You also agree not to:

Content Restrictions

The following Content Restrictions apply to your use of our Service.  Any information or data you submit through the Service must not:

User Submitted Content

As a user of our Service, you will be able to submit to our Service information, data, or other content or materials, including possibly content or materials other users can view (“User Submitted Content”).  All User Submitted Content must comply with the Content Restrictions above.  Any such User Submitted Content will be considered non-confidential and non-proprietary.  By providing such User Submitted Content, you grant us and our affiliates and service providers, the irrevocable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.  You represent and warrant that:

You understand and acknowledge that you are responsible for any User Submitted Content you submit or contribute, and you, not us, will have full responsibility for such content, including its legality, reliability, and accuracy.  We are not responsible or liable to any third party for the content or accuracy of any User Submitted Content posted by you or any other user of the Service.

Monitoring and Enforcement; Termination

We reserve the right to:

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Service.

YOU WAIVE AND HOLD HARMLESS OUR COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not review all material before it is posted on the Service, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Intellectual Property Rights

The Service and its entire contents, features, and functionality, including but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by us or our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Service for your use only and only for what the Service intended to be used for.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

You must not:

You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.  If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms of Service, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by us.  Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Trademarks

Our Company name, any Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or, as may be applicable, our affiliates or licensors.  You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Service are the trademarks of their respective owners.

Reliance on Information Posted

The information presented on or through the Service is made available as provided by users.  As such, we do not warrant the accuracy, completeness, or usefulness of this information at all times.  Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to or user of the Service, or by anyone who may be informed of any of its contents.

The Service may include content provided by third parties, including materials provided by other users.  All statements and/or opinions expressed in such content and materials, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing such content or materials.  Such content or materials do not necessarily reflect our opinion(s).  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links from the Service

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party Services linked to from our Service, you do so entirely at your own risk and subject to the terms and conditions of use for such third party services.

Geographic Restrictions

As the owner of the Service, we are based in the State of Delaware in the United States.  We provide this Service for use only by persons located in the United States.  We make no claims that the Service or any of its content is accessible or appropriate outside of the United States.  If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Service will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Service for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR SUBMITTED TO THE SERVICE, OR ON ANY SERVICE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK.  THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Submitted Content, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Service.

Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).  Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your state or country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, we may require you to submit any disputes arising from these Terms of Service or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the law of the State of Delaware.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND WAIVED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.

Your Comments and Concerns

This Service is operated by Evy Planner Inc.

All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: support@evyplanner.com.