Last updated and posted on August 29 2014.
Acceptance of Terms
The Sites also may contain certain online registration fields for purposes of collecting certain information which permits the Company to engage you as a user of the Sites for marketing purposes and to provide you with additional information regarding the Products and Services offered by the Company. The Sites also contain text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about the Brand, and Product and Service offerings, the "Content").
Limited License and Site Access; All Rights Reserved
The Company hereby grants you a limited license to access and make personal use of the Sites, but not to download (other than page caching) or modify the Sites, or any portion of the Sites, except with express written consent of the Company. This license does not include any resale or commercial use of the Sites or the Content; any collection and use of any listings, descriptions, or prices; any derivative use of the Sites or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of the Sites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without the Company's express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of the Company's name(s) or service marks without the express written consent of the Company. We (or the respective third party company of Content) retain all right, title, and interest in the Sites and any Content, features, Products and Services offered on the Sites, including any and all intellectual property rights. We (or the respective third party company of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by the Company.
Restrictions on Use, Trademarks and Copyrights
The Sites are controlled and operated by Evermind, Inc., located at 1200 Clinton Street, Suite 209, Nashville, Tennessee, 37203. All material on the Sites, or any other website owned, operated, licensed or controlled by the Company, including, but not limited to images, illustrations, audio clips, and video clips ("Company Material"), is protected by copyrights which are owned and controlled by the Company or by other parties that have licensed their material to the Company. Unless granted written permission by the Company, the Company Material may not be used for nonpersonal or commercial purposes and may not be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way.
Certain trademarks, including "Evermind" are the registered service marks and trademarks of the Company or one of its affiliates (the "Registered Marks"). The domain names for the Sites, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Company (the "Site Marks"). The Registered Marks and the Site Marks collectively are the "Marks". All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Sites are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any Company Material including but not limited to any trademarks, service marks, trade dress, or other logos from the Sites without the prior written authorization of the Company.
Except as otherwise expressly stated, all Content appearing on the Sites is the copyrighted work of the Company or its third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of the Company and is protected by U.S. and international copyright laws.
You may download information from the Sites and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Sites, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Company or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. The Company does not warrant or represent that your use of Content, Products and Services or any other materials displayed on the Sites will not infringe rights of third parties.
The Company respects the intellectual property of others, and we require our users to do the same while using the Sites. The Company reserves the right to determine what constitutes inappropriate behavior and to ban offenders at its sole discretion and/or take other action against users who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
- A physical or electronic signature of person authorized to act on behalf of the Company of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;
- Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. Please send Copyright infringement claim notices to:
ATTN: Nelson Mullins DCMA c/o Evermind, Inc.
1200 Clinton Street, Suite 209
ny use or attempted use of the Sites (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Sites, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by the Company to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by the Company, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Sites, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use the Sites’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Manipulate or otherwise display the Sites by using framing, mirroring or similar navigational technology or directly link to any portion of the Sites other than the main homepage in accordance with the Limited License and Site Access outlined above;
- Probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services if you are not expressly authorized by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses; or
- Use any robot, spider, scraper, or other automated or manual means to access the Sites, or copy any content or information on the Sites.
Right to Monitor
No Ownership Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Sites is provided by third party content providers, the Company has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers on the Sites are those of such third party suppliers. The Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Sites or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with the Company
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, agents, distributors, advertisers, sponsors, content partners and affiliates from and against any and all claims, actions, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of the terms of this Agreement.
YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES AND SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE SITES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITES OR SITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITES OR ACCESSED THROUGH THE SITES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES; (6) WARRANTIES THAT YOUR USE OF THE SITES WILL BE SECURE OR UNINTERRUPTED; VIRUS-FREE OR ERROR-FREE AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
The Company does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, and or links associated with the Sites. If your use of the Sites or the materials, services, text, graphics, and or links associated with the Sites results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
Limitation of Liability
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law; Jurisdiction; Venue; Severability of Provisions
Password Accounts, Passwords, and Security
If you have been given the option to utilize any function on the Sites that will provide you with access to password protected portions of the Sites and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify the Company of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
No Agency Relationship.
1200 Clinton Street, Suite 209