Last Updated: January 2024
Welcome to EverRiseLabs.com (the "Website"). These Terms of Use ("Terms") govern your access to and use of the Website operated by EverRiseLabs ("we," "us," "our," or "Company"). By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations.
If you do not agree with any part of these Terms, you must not use this Website. These Terms constitute a legally binding agreement between you and EverRiseLabs.
EverRiseLabs is a software development and IT solutions agency that provides services including but not limited to:
This Website serves as an informational platform where visitors can learn about our services, submit project inquiries through our "New Client" form, and contact us for business purposes. We reserve the right to modify, suspend, or discontinue any aspect of the Website or our services at any time without notice.
You agree to use this Website only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit their use of the Website. You agree not to:
When you submit information through our contact forms or "New Client" brief form, you represent and warrant that:
We reserve the right to reject, refuse, or remove any submissions that we determine, in our sole discretion, violate these Terms or are otherwise objectionable.
The information provided on this Website is for general informational purposes only. We make no representations or warranties of any kind, express or implied, about:
Any reliance you place on such information is strictly at your own risk. The content on this Website does not constitute legal, financial, tax, or professional advice. You should consult with appropriate professionals before making any business decisions.
Past performance or case studies displayed on this Website are not indicative of future results. Each project is unique, and results may vary.
The Website and its original content, features, and functionality are owned by EverRiseLabs and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes, but is not limited to, text, graphics, logos, images, software, and the overall design and layout of the Website.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent, except as follows:
The EverRiseLabs name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of EverRiseLabs or its affiliates or licensors. You must not use such marks without our prior written permission.
If you submit any content, ideas, suggestions, or materials to us through the Website (collectively, "User Content"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant this license.
This Website may contain links to third-party websites, services, or resources that are not owned or controlled by EverRiseLabs. We may also integrate or link to third-party services such as:
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that EverRiseLabs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVERRISELABS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR OUR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERRISELABS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO EVERRISELABS IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
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.
You agree to defend, indemnify, and hold harmless EverRiseLabs, 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 or your use of the Website, including, but not limited to:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Florida, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.
If you are accessing the Website from outside the United States, you are responsible for compliance with local laws. EverRiseLabs makes no representation that materials on the Website are appropriate or available for use in locations outside the United States.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
We encourage you to review these Terms periodically for any changes. The date of the last update is indicated at the top of this document.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and EverRiseLabs regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
No waiver by EverRiseLabs of any term or condition set forth in these Terms 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 EverRiseLabs to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms of Use, please contact us at:
EverRiseLabs
Email: support@everriselabs.com