You must be at least eighteen (18) years old and a resident of the United States in order to use this Service. All other persons are prohibited from using the Service. If you use the Service on behalf of a company, entity or organization, you represent that you are an authorized representative of such company, entity or organization with the authority to bind it to this Agreement. If you use or access the Service on behalf of any individual other than yourself, you represent that you are the parent or guardian of such individual or otherwise legally authorized to act on behalf of such individual. You hereby certify that you are legally permitted to access the Site and use the Services and you take full responsibility for accessing the Site and for the selection and use of the Services. These Terms of Service are void where prohibited by law, and the right to access the Site and the Services is revoked in such jurisdictions.
To use some of the features on the Site, you may be required to create an account and provide information about yourself to Us. You are responsible for maintaining the confidentiality of your account information and password. You are also responsible for all activities that occur in connection with your account. You agree that you shall monitor your account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site and Services by minors. You are responsible for any use of your credit card by minors. You agree to notify Us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. There are two types of User accounts:
(a) “Consumer Account” is an account for your personal, non-commercial use to be used only in responding to open appointments on the Site. In creating a Consumer Account, you must provide complete, accurate and updated registration information. You may not impersonate or provide an email address other than your own, or create multiple Consumer Accounts.
(b) “Vendor Account” is an account to be used solely for the purpose of placing listings of open appointments for your business on the Site. In creating or updating a Vendor Account, you must be an authorized representative of the business and you must provide complete and accurate information about yourself and the business that you represent. You may not provide an email address that is not your own or which you have authority to use or create multiple Vendor Accounts for the same business.
USER ACCOUNT INFORMATION
User account information may include certain personal information or confidential business information.
You may not transfer your account to any third party. You represent that you own, or have the necessary permissions to use, and authorize the use of, your account and contact information as described herein.
You represent that your information (a) does not violate any third-party rights, including, but not limited
to, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; (b) does not contain material that is false, intentionally misleading, or defamatory; and (c) does not contain material that is unlawful (including, without limitation, illegal hate speech or pornography) or that exploits or otherwise harms minors, or that violates or advocates the violation of any law or regulation.
USE OF THE SERVICE
Everseat provides its services to You through the features and functionalities available through the Site, which are selected and controlled by User (collectively, the “Services”). The Services are provided solely for User’s own use and not for the use or benefit of any third party. Everseat may change, suspend or discontinue the Services at any time, with or without notice, including the availability of any feature, database, or content, and may make changes which may affect User’s ability to conduct transactions. Everseat may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability. Everseat reserves the right to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Everseat is concerned that a User may have breached any of its obligations), or for no reason at all. User is responsible for all of its activity in connection with the Services and in accessing the Site, including without limitation all of User’s activities in entering information, making appointments, as well as any activity that is fraudulent, abusive or otherwise illegal. User agrees that User’s access to and use of the Site and the Services to engage in transactions through the Site are at User’s own risk.
The content on the Site is provided to Users solely for general information and scheduling purposes and the Site and Services are intended to be used only by Users in accordance with this Agreement. You shall abide by all copyright notices, information and restrictions contained in any content accessed through the Site and Services. The information and content provided via the Site are not guaranteed to be correct, complete or up-to-date.
User shall be solely responsible for compliance with all laws, regulations and ordinances connected with the User’s access to the Site and utilization of the Services.
The Site and Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except as expressly set forth herein, User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, publicly display, or in any way commercially exploit, the Site, any of the content or Services offered therein, or any software or other materials incorporated therein, in whole or in part. Except as provided in this Agreement, User agrees not to duplicate, translate, modify, copy, printout, disassemble, create any derivative work of, reverse engineer, reverse assemble, decompile or otherwise tamper with, or attempt to gain access to the source code of, the Services or any firmware, circuit board or software provided therewith. User shall not cause or encourage any third party to do any of the foregoing.
User warrants, represents and agrees that it will not contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Use of the Site or Services to violate the laws of the United States, or of any State, or to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Site, or any processes that run or are activated while the User is not logged in. Users may not attempt to reverse engineer or decompile any software used on the Site or in the Services. Use of the Site and Services for promotional or commercial purposes is prohibited except as expressly permitted by Everseat. User shall not use any device, software or routine that interferes with the proper working of the Site or the Service, or otherwise attempt to interfere with the proper working of the Service. User shall not use any robot, spider, Service search/retrieval application or other automated device, process or means to access, retrieve, scrape or index the Site, the Service, or any Site content. User shall not introduce viruses, worms, or other technologies that seek to injure or adversely affect Everseat property or interests, or the personal or property or interests of Users.
User shall not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or other private information regarding the account of any other User. User will not solicit personal information from minors. User shall not take any action that imposes, or may impose an unreasonable or disproportionately large load on Everseat’s computer systems, as determined by Everseat in its discretion. User will not assist or enable or encourage others to perform actions which User is prohibited from conducting.
As part of the Services offered on the Site, Everseat permits its Consumers to reserve appointments with Vendors that have posted available times. In the event that a Consumer elects to reserve an appointment with a Vendor on the Site, the Consumer covenants and agrees that he/she/it will arrive at the designated appointment. In the event that the Consumer is unable to attend the appointment after making the reservation, he/she/it agrees to cancel such appointment immediately. Consumer shall be solely responsible for any fees that may be charged by Vendors in respect of missed appointments. Consumer acknowledges and agrees that Everseat may suspend or terminate your account in the event that you fail to appear at any scheduled appointment. You represent, covenant and agree further that you will not make any appointments at which you do not intend to appear and you covenant and agree further to refrain from any and all conduct which may be adverse to the interest of Vendors listed on the Site. Each User covenants and agrees to defend, indemnify and hold harmless Everseat from and against claims and losses related to any and all conduct that may be adverse to any Vendors listed on the Site.
NO ADVICE OR RECOMMENDATION OFFERED
The information that you obtain or receive from Everseat, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational and scheduling purposes only. No information obtained by a User from a Vendor, or by a Vendor from a User, or by either from the Services will create any warranty not expressly stated in these Terms of Service. All Vendor information is provided by the Vendors.
BOOKING HEALTHCARE APPOINTMENTS
The Service may be used to book appointments with doctors, dentists, or other health care providers who post available appointments on the Site. We do not recommend or endorse any specific physicians, dentists, or other health care providers, nor any procedures, tests, opinions, or other information that may appear on the Site or be offered by these health care professionals. If you rely on any of the information provided on the Site, you do so solely at your own risk.
The information provided on the site, through the services, and in any other communications from or provided through everseat is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of something you may have read on the site. Do not use the service for emergency medical needs. If you experience a medical emergency, please call 911. Your use of information provided on the site and through the service is solely at your own risk. Nothing stated or posted on the site or provided or available through any services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.
No doctor-patient relationship, or other health care professional-patient relationship is created by using information provided by or through the use of the site, through the service or through any other communications from everseat. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information furnished by any health care professional or any other vendor. We do not in any way endorse any vendor described on the site. In no event shall everseat be liable to you or anyone else for any decision made or action taken by you in reliance on any information on the site.
We have no control over, and cannot guarantee the availability of any particular doctor, dentist or other health care professional at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Service(s) whatsoever.
You are strongly advised to perform your own investigation prior to selecting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials
and education, and to independently evaluate the health care professional through your own direct communications with their office, your current health care professional, your state medical board, the various medical associations and medical specialty boards, as applicable.
THIRD PARTY LINKS
The Site or Services may contain links or references to third party websites. These links are provided solely as a convenience to you and not because we endorse or have an opinion about such websites or the content thereof. User acknowledges that Everseat is not responsible for these third party websites, has not reviewed such websites, has no control over such websites and is not in any way liable for any content that appears on these third party websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.
FEES & PAYMENT TERMS
(a) For Consumer Accounts, your access to the Services is provided free of charge by Everseat. (b) For Vendor Accounts, the following terms apply:
(a) Payment. You agree to pay all fees or charges to your Vendor Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide Everseat with valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) at the time of registration. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing Everseat with your credit card number and associated payment information, you agree that Everseat is authorized to immediately invoice your Vendor Account for all fees and charges due and payable to Everseat hereunder and that no additional notice or consent is required. You agree to immediately notify Everseat of any change in your billing address or the credit card used for payment hereunder.
(b) Fees. You will be responsible for payment of the applicable subscription fee for any Services (each, a “Service Subscription Fee”) during the initial one (1) year subscription period and any subsequent subscription period (each a “Subscription Period”). Payment of the Service Subscription Fee will be made either (a) in full at the time you create your Account (each, a “Service Commencement Date”) and with respect to subsequent Subscription Periods upon each Renewal Commencement Date (as defined in Section 11(d)) or (b) made in twelve (12) equal monthly recurring payments during the Subscription Period. Payment plan choice will be made during the online registration process. Except as set forth in these Terms, all fees for
the Services are non-refundable and you agree to pay the total amount of the Service Subscription Fee for the Subscription Period regardless of whether you continue to use the Services during the full term of the Subscription Period. No contract will exist between you and Everseat for the Services until Everseat accepts your order by a confirmatory e-mail, SNS/MMS message, or other appropriate means of communication.
(c) Taxes. Everseat’s fees are net of any applicable Sales Tax. If any Services or payments for any goods or services, under this Agreement are subject to Sales Tax in any jurisdiction, You will be responsible for payment of such Sales Tax, and any related penalties or interest and will indemnify Everseat for any liability or expense Everseat may incur in connection with such Sales Taxes. For purposes of this Agreement, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Everseat is permitted to pass to you that is (a) the functional equivalent of a sales tax and (b) the applicable taxiing jurisdiction does not otherwise impose a sales or use tax.
(d) Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with the terms of this Agreement. Each Subscription Period shall be for (1) one year. After your initial Subscription Period, and again after any subsequent Subscription Period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for a (1) one year Subscription Period, unless either party provides the other party written notice of its election not to renew at least thirty (30) days prior to the applicable Renewal Commencement Date. . Everseat reserves the right to change the pricing and billing methods applicable to any renewal term by providing written notice at least sixty (60) days prior to the applicable Renewal Commencement Date. You agree that your Vendor Account will be subject to this automatic renewal feature. By subscribing, you authorize Everseat to charge your Payment Provider now, and again at the beginning of any subsequent Subscription Period. Upon renewal of your subscription, if Everseat does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Vendor Account upon demand, and/or (ii) you agree that Everseat may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Vendor Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received.)
(e) Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: email@example.com
We reserve the right to exercise whatever lawful means we deem necessary in order to prevent unauthorized access to or use of the Service, including, but not limited to, technological barriers, IP mapping and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
We are under no obligation to monitor the Site, the Service or the content. However, we reserve the right
TERM & TERMINATION
(a) For Consumer Accounts: These Terms of Service commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms of Service. Everseat reserves the right to terminate or suspend your Consumer Account or ability to use the Service, in whole or in part, at our sole and absolute discretion, for any or no reason, and without notice or liability of any kind. If you want to terminate any Services provided by Everseat, you may do so by (a) notifying Everseat at any time and (b) closing your Consumer Account for all of the Services that you use. Your notice should be sent, in writing, to Everseat’s address or email address set forth below. Notwithstanding the above, these Terms of Service will survive termination of a User’s Consumer Account.
(b) For Vendor Accounts: The Terms of Service commence on the date when you accept them (as described in the preamble above) and shall continue for one (1) year thereafter, unless earlier terminated in accordance with the terms herein. Thereafter, these Terms of Service will then automatically renew for successive one (1) year periods unless these Terms are earlier terminated in accordance with the terms herein. Either party may terminate these Terms of Service upon the other party’s material breach if the breaching party fails to cure such breach within the thirty (30) day period following notice. Except upon our material breach as described in this section, the full amount of all Service Subscription Fees and Appointment Fees will be due for each Subscription Period.
(c) Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and content associated with or inside your Account (or any part thereof). Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of your content associated therewith from our live databases. Everseat will not have any liability whatsoever to you for any suspension or termination, including for deletion of your content. All provisions of these Terms of Service, which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
We own the Site and the Services, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site and Service. We also own the copyrights, trademarks, service marks, trade names, patents and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Site and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Site, the Services, or any of the Site content in whole or in part except as expressly authorized by Everseat.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Everseat through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Everseat has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Everseat a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services.
WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY
The site, service, and content are provided on an “as is” basis without any warranties of any kind, express, statutory or implied, including without limitation, implied warranties of merchantiability, fitness for a particular purpose or non-infringement. Everseat makes no warranty that our services will meet user’s requirements or expectations or that results from use of the site and the services will be accurate, reliable or suitable for user purposes.
Everseat makes no representation as to the operation and functionality of the service, the accuracy, integrity, completeness, quality, legality, usefulness, safety and intellectual property rights of any of the site content, including but not limited to the accuracy of business information listed on the site or the products and services associated with the site, service or site including but not limited to the products and services sold by businesses listed on the site.
In no event shall everseat be liable to a user with respect to the site or the services for any (a) indirect, special, incidental, punitive, exemplary, reliance or consequential damages, (b) loss of profits, (c) business interruption, (d) loss of or damage to reputation of any party, or (e) any damages awarded in a dispute between user and any vendor, consumer, or other user.
Everseat shall have no liablity with respect to any act or omission of a vendor in connection with the services such vendor provides, including a vendor’s failure to comply with applicable law.
Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.
Everseat’s maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of (i) the amount paid, if any, by you to everseat in connection with the service in the 12 months prior to the action giving rise to liability or (ii) us $100.00.
You agree to defend, indemnify and hold harmless Everseat, its directors, officers, employees, affiliates, and agents from and against all damages, costs, liabilities and expenses (including reasonable attorneys’ fees) incurred in connection with any claim or demand made by any third party arising out of: (i) your access to or use of the Service, (ii) your violation of this Agreement, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Everseat will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Everseat reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Everseat. User hereby releases Everseat to the maximum extent allowed by law, from any and all liability arising in connection with the acts or omissions of other Users or of any other third parties.
RELEASE OF EVERSEAT
By using the Services on the Site, User releases, to the maximum extent allowed by law, Everseat, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with User’s use of the Site or the Services, and any transaction effected on the Site, or otherwise arising from or in connection with User’s use of the Site or the Services.
In the event that User has a dispute with any third party related to the Site or the Services, User releases, to the maximum extent allowed by law, Everseat, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
We will use commercially reasonable efforts to resolve any disagreements that you have with Everseat. If those efforts fail, you agree that any claim, dispute, or controversy you may have against Everseat arising out of, relating to, or connected in any way with this Agreement, the Site or the Service shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable rules and procedures established by AAA. Notwithstanding the foregoing, Everseat reserves the right to seek injunctive or other equitable relief against you in any court of competent jurisdiction.
You acknowledge and agree that the availability of our mobile application and the Services is dependent
on the third-party from which you received the application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that the Terms are between you and Everseat and not with the App Store. Everseat, not the App Store, is solely responsible for the Services, including the mobile application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the mobile application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the mobile application. You agree to comply with, and your license to use the mobile application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Services, including the mobile application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
The following additional terms apply to any mobile application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
- You acknowledge and agree that (i) the Terms are concluded between you and Everseat only, and not Apple, and (ii) Everseat, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Everseat and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Everseat.
- You and Everseat acknowledge that, as between Everseat and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Everseat acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third-party’s intellectual property rights, as between Everseat and Apple, Everseat, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
- You and Everseat acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The communications between you and Everseat use electronic means, whether you visit the Site or Services or send Everseat e-mails, or whether Everseat posts notices on the Site or Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Everseat in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Everseat provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
We reserve the right, at our sole discretion, to change or modify these Terms of Service at any time. If these Terms of Service are modified, we will notify you by posting the revised Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. If we make any material changes, and you have registered with us to create an account to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Services and will be effective thirty (30) days after posting of notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have an account with us upon the earlier of thirty (30) days after posting of notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to users. Everseat may require you to provide consent to the updated Terms in a specified manner before further use of the Site and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s).
PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
The failure of Everseat to exercise in any respect any right provided for herein shall not be deemed a waiver of that or any further rights hereunder. Everseat shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation. If any provision of these Terms of Service is found to be unenforceable, invalid or illegal, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be enforceable. These Terms of Service are not assignable, transferable or sub-licensable by User. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Maryland without regard to the conflict of laws provisions thereof. User agrees that these Terms of Service, and the documents incorporated herein by reference, are the complete and exclusive statement of the mutual understanding of User and Everseat, and supersede all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service. No agency, partnership, joint venture, or other relationship is created as a result of these Terms of Service and neither Everseat nor the User shall have any authority of any kind to bind the other in any respect whatsoever.
May 26, 2015