Everflow Technologies Inc. (“Everflow”) provides www.everflow.io (the “Site”) to its visitors for informational purposes only (“Visitor”). For clarification, these Terms of Use only apply to Visitors and their use of the Site. The words "you" refer to Visitors to this Site. By accessing or using the Site, you acknowledge that you have read, understand and agree to be bound by these Terms of Use, as well as Everflow’s Privacy Policy, as applicable.

Everflow reserves the right to change or delete any materials, documents, information, or other content appearing on the Site or revise these Terms of Use from time to time without notice and in its sole discretion. All changes are effective immediately when posted and apply to all access to, and use of, the Site thereafter, unless otherwise stated.  

Acceptable Use

All rights, including intellectual property rights, in this Site are owned by or licensed to Everflow. This Site and the content provided in this Site, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written authorization of Everflow. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or similar process or technology, or any manual process, to monitor or copy any of the web pages, data or content found on the Site. You may not modify the content or materials located on the Site.

You may not transmit or otherwise transfer any web pages, data or content found on the Site to any other computer, server, website, or other medium for mass distribution or for use in any commercial activity or enterprise. You may not use any device, software or routine to interfere or otherwise attempt to interfere with the proper functioning of the Site. You agree that you will not take any action that imposes a burden on Everflow’s infrastructure that Everflow deems in its sole discretion to be unreasonable. Unauthorized use of this Site and/or any data or content contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. 

You may not use, encourage, promote, facilitate or instruct others to use the Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities include any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. You are prohibited from posting or transmitting any information that (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless you have the express written permission of the owner of such right, (c) contains a virus, “bug”, malware or other harmful item or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of the Site.

You may not create or maintain any link from another website site to any page on the Site without Everflow’s prior written authorization. You may not run or display the Site or any material displayed on the Site in frames or through similar means on another website without Everflow’s prior written authorization. Any authorized links to the Site must comply with all applicable laws and regulations.

Links

This Site may include links to other Internet websites and resources provided by third parties. These websites and resources are provided solely as a convenience to you and not as an endorsement by Everflow of the contents of (or any product or services available from) such other websites. Everflow is not responsible or liable to you or any third party for the content, accuracy, products or services of such websites, and Everflow makes no representation or warranty regarding any other websites or the content or materials on such websites. If you decide to access other websites, you do so at your own risk and subject to the terms and conditions of use for such websites. You acknowledge and agree that Everflow shall not be liable for any damage or loss arising from or related to your use of such websites or reliance on any such content, products or services available from such websites.

Site Information

The Site may contain interviews, testimonials discussions, press releases and other information (collectively, “Everflow Information”) about Everflow, its business and its services, including links to third-party websites that contain such Everflow Information, which are being provided as a convenience to visitors of the Site. Everflow disclaims any duty or obligation to update any Everflow Information. Statements concerning companies other than Everflow that are contained in any such Everflow Information should not be relied upon as being provided or endorsed by Everflow. The opinions expressed in any Everflow Information, including by Everflow’s employees and agents, are solely those of the author(s) and do not necessarily reflect those of Everflow.

Visitor Information

If you submit information, comments, feedback, or materials via the Site:

i. You represent and warrant that Everflow’s use of your submission does not and will not breach any agreement, violate any law, or infringe any third party’s rights;

ii. You represent and warrant that you have all rights to agree to these Terms of Use;

iii. Everflow is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and

iv. You grant Everflow all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by Everflow to anyone whatsoever.

Disclaimer of Warranties

EVERFLOW AND ANY THIRD-PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY DATA OR CONTENT PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. EVERFLOW AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PROVIDED BY LAW, ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR USAGE OF TRADE. NEITHER EVERFLOW NOR ANY THIRD-PARTY PROVIDERS WARRANT THAT THE SITE, ITS SERVERS OR ANY EMAIL SENT FROM EVERFLOW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, EVERFLOW ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY LOSS OR DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.

IN NO EVENT SHALL EVERFLOW, ITS EMPLOYEES, AGENTS OR ANY THIRD PARTY PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, LOSS OF PROFITS, SALES, BUSINESS OR REVENUE, BUSINESS INTERPRETATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SITE) OR (III) THE PERFORMANCE OR NONPERFORMANCE BY EVERFLOW OR ANY THIRD PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

Governing Law and Jurisdiction

These Terms of Use will be governed by both the substantive and procedural laws of California, excluding its conflict of law rules and the United Nations Convention for the International Sale of Goods. Any legal action or proceeding arising under these Service Terms will be brought exclusively in the federal or state courts located in the Northern District of California and the parties irrevocably consent to the personal jurisdiction and venue therein.