By visiting the Evercontact web site edited by One More Company, Inc. (The Company), you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms and conditions.
The terms and conditions hereof, shall remain in effect for the entire term of the contractual relationship.
Respect for your privacy is very important to us
* One More Company, Inc. will never rent or sell your personal data to others.
* To provide a better service to you, One More Company, Inc. may share your personal data with third parties and any use of your personal data by such third parties will be subject to your explicit approval, and bound by this Privacy Pledge.
* One More Company, Inc. has implemented privacy protection measures in order to secure your data and we have a zero tolerance principle towards unsolicited communication from third parties for commercial purposes.
* If you have any questions about , or would like to have us remove your information from our database, please feel free to contact us directly at friends@evercontact.com
In order to use certain services of One More Company, Inc., you must provide certain information during the registration process ("Registration Data"). You consent to the collection and use of your Registration Data and certain other information in accordance with our Privacy Policy (see above).
Some of One More Company, Inc.’s services require you to download and install One More Company, Inc.’s proprietary software (the “Software”). Subject to the provisions of this Agreement, One More Company, Inc. grants you a non-exclusive, non-transferable, non-sublicensable license to install and run the Software in object code format on single computer (or virtual machine), mobile device, or similar equipment, owned or controlled by you (for personal and professional use both inside and outside of an enterprise) and use the Software for the purpose and in the manner it was intended by One More Company, Inc..
If you purchase or subscribe to any Premium Service, you agree to pay any and all applicable fees (e.g., one-time, or recurring autorenew) incurred in connection with your account at the then-current prices in effect. One More Company, Inc. will automatically charge you via the payment method you select (e.g,, credit card or paypal account) during the purchase or subscription process. If your purchase or subscription is a recurring one, Evercontact will automatically charge you at the beginning of the billing period, and billing will recur automatically at the interval (e.g. monthly or annual subscription) you chose at signup until you change or cancel your Premium Service. You can cancel your Premium Service at any time by going to your Personal Settings. Any change in the chosen payment method will go into effect for the next billing period. You will retain access to the features for which you have already paid until the end of the current billing period. All fees and charges are nonrefundable.
One More Company, Inc. reserves the right to raise prices as shown on Evercontact website to
take into account any factor. One More Company, Inc. shall notify the Customer accordingly via the Evercontact website or by sending an email to the address provided by the Customer and/or by posting a notification in the Client Area.
You are responsible for the safekeeping of your account and are fully responsible for all activities and purchases that occur under your account.
One More Company, Inc. reserves the right to modify the scope of its services, temporarily or permanently, in its sole discretion and with or without notice at any time.
Intellectual Property
All trademarks, trade names, or other intellectual property owned by One More Company, Inc. shall remain solely and exclusively the property of One More Company, Inc. You may not use, copy, modify, reverse engineer, sell, resell, sublicense or otherwise transfer any right, of any part of the Service without the prior written consent of One More Company, Inc..
You agree to indemnify, defend and hold harmless, One More Company, Inc. its affiliates, and their respective officers, directors, employees, agents, licensors, and representatives from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the web site, a breach of these Terms of Use by you, or your violation of any law or the rights of a third party. One More Company, Inc. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with One More Company, Inc. in asserting any available defenses.
We may terminate or suspend your access to the web site at any time, in our sole discretion, without cause and/or without notice.
Termination of your account includes deletion of your Content, deletion of your password and all related information, and files and content associated with your account.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONE MORE COMPANY, INC. AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
One More Company, Inc. and its affiliates, members, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; or (ii) the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Under no circumstances will One More Company, Inc. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You expressly understand and agree that One More Company, Inc. and its affiliates, members, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if One More Company, Inc. has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; or (e) any other matter relating to the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
This agreement shall be governed by and construed in accordance with the laws of the French Republic. All disputes arising out of or resulting from the terms of this Agreement shall be subject to the exclusive jurisdiction of Tribunal de Commerce de Nanterre and the parties waive any objection with respect to inconvenience thereof.
If you have a question or complaint regarding the Service, please send an email to support@evercontact.com You may also contact us by writing to
Address : 15, rue Jean Baptiste Berlier 75013 Paris, France
Legal : 509 652 608 R.C.S. NANTERRE
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