Terms of Use

This Terms of Use Agreement ("Agreement") between you and Reminderama, Inc. d/b/a EverMinder ("EverMinder " or the "Company") sets forth the legally binding terms for your use of the EverMinder.com website (including all the areas of the site) and any successor websites ("Website") and the services, software, and applications the Website provides online and makes available offline (collectively, "EverMinder Services"). By using the EverMinder Services you agree to the Terms of Use, whether or not you become a member.

This Agreement includes the acceptable use of the EverMinder Services and content posted on the Website, and your rights, obligations and restrictions regarding your use of the EverMinder Services. Please see EverMinder's Privacy Policy for more information about how we collect, use, and share information on the Website.

EverMinder may modify this Agreement at any time and such modification shall be effective upon posting by EverMinder on the Website. You agree to be bound to any changes to this Agreement when you use the EverMinder Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with any of the terms of this Agreement, you must immediately discontinue your use of the EverMinder Services.

Please choose carefully the information you post on EverMinder.com and that you provide to other users. Your EverMinder.com profile and other Content shall not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, otherwise objectionable subject matter, or otherwise violate this Agreement, including section 7 below. Despite this prohibition, information provided by other Website Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive, sexually explicit, or otherwise inappropriate material and EverMinder assumes no responsibility or liability for this material. If you become aware of misuse of the EverMinder Services by any person, please contact EverMinder at misconduct@EverMinder.com. You should not provide EverMinder the email address of anyone under 13 years of age as a part of EverMinder's efforts to protect children.

EverMinder reserves the right, in its sole discretion, to reject, block, refuse to post or remove any Content or other posting (including private messages) by you, or to restrict, suspend, or terminate this Agreement or your access to all or any part of the EverMinder Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility. Use of and Membership in the EverMinder Services is void where prohibited. By using the EverMinder Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the EverMinder Services does not violate any applicable law or regulation. Your Content and profile may be deleted and your Membership may be terminated without warning, if EverMinder.com believes that you are under 13 years of age.

  2. Term. This Agreement shall remain in full force and effect while you use the EverMinder Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. EverMinder.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

  3. Password and Email. When you sign up to become a Member, you will also be asked to choose a permanent password and supply your email address. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify EverMinder.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. By registering and providing your email address, you consent to EverMinder.com communicating with you by email, including without limitation, to provide you notice of any security breach in lieu of other written notification. You may opt-out of this email communication by contacting us at help@EverMinder.com.

By providing EverMinder your email address and other personal information, you consent to our using that information as set forth in our Privacy Policy, which is incorporated herein by reference.

  1. Non-commercial Use by Members. The EverMinder Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by EverMinder. Illegal and/or unauthorized use of the EverMinder Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the EverMinder Services.

  2. Billing and Payments.

    1. General. Member agrees to pay for all products ordered through the Website or from third parties using the payment method indicated, and provides EverMinder express authorization to charge said fees to the Member's payment provider at time of purchase or renewal if payment is to be collected by EverMinder. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Member. If payment is not current, EverMinder may immediately cease to provide any and all Deliverables to the Member.

It is the Member's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.).

    1. Tangible Gifts.The Company and its suppliers continually upgrade and revise its products and services to provide you with new products and services. EverMinder may revise, discontinue or modify products or services at any time without prior notice to members, and products or services may become unavailable without notice. EverMinder shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, the Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or the Company may cancel the order.

We attempt to be as accurate as possible and eliminate errors on the Website, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credi, with a value at least equal to the amount charged to your credit card. EverMinder reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above. To request a refund, send an email to orders@EverMinder.com Nothwithstanding any other provision of this agreement, If you have ordered a product or service from a third party via the EverMinder website, EverMinder bears no responsibility for any error or damage related to that order.

Some orders may be charged, fulfilled and processed by an authorized third-party partner of EverMinder, in which case any refunds, charge-backs, returns, or product substitutions will be subject to the discretion and policies of such third-party gift fulfillment provider.

Any tangible property purchased through the Website will be shipped FOB Shipping Point. Title to such products passes from Company (or, as applicable, from the Company's authorized third-party gift fulfillment provider) to you upon shipment. With respect to services you purchase through the Website, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.

    1. Taxes. Member will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.

  1. Proprietary Rights in Content.

    1. EverMinder does not claim any ownership rights in the text, information, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to the EverMinder Services, including without limitation, to your profile or any other section of our site (collectively, "Content"). After posting your Content to the EverMinder Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the EverMinder Services, you hereby grant, and you represent and warrant that you have the right to grant, to EverMinder a limited license to use, modify, publicly perform, publicly display, reproduce, distribute, and create derivative works of such Content solely on and through the EverMinder Services for commercial and non-commercial purposes.

    2. The EverMinder Services contain Content of EverMinder.com ("EverMinder.com Content"). EverMinder.com Content is protected by copyright, trademark, patent, trade secret and other laws, and EverMinder owns or licenses and retains all rights in the EverMinder.com Content and the EverMinder Services. EverMinder hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the EverMinder.com Content (excluding any software code) solely for your personal non-commercial use in connection with viewing the Website and using the EverMinder Services in accordance with this Agreement.

    3. The EverMinder Services contain Content of users, Members, and other EverMinder.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content or EverMinder.com Content appearing on or through the EverMinder Services.

  2. Content Posted.

    1. EverMinder may delete any Content that in the sole judgment of EverMinder.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or for any other reason. EverMinder.com assumes no responsibility for monitoring the EverMinder Services for inappropriate Content or conduct. If at any time EverMinder chooses, in its sole discretion, to monitor the EverMinder Services, EverMinder nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member or user posting any such Content.

    2. You are solely responsible for the Content that you post on or through any of the EverMinder Services, and any material or information that you transmit to other Members and for your interactions with other users. EverMinder does not endorse and has no control over the Content. Content is not necessarily reviewed by EverMinder prior to posting and does not necessarily reflect the opinions or policies of EverMinder. EverMinder makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

  3. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the EverMinder Services. EverMinder.com reserves the right to investigate and take appropriate legal action against anyone who, in EverMinder's sole discretion, violates this provision, including without limitation, removing the offending communication from the EverMinder Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of EverMinder:

    1. is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

    2. harasses or advocates harassment of another person;

    3. exploits people in a sexual or violent manner;

    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

    5. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

    6. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

    7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

    8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

    9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

    10. solicits passwords or personal identifying information for commercial or unlawful purposes from other Members or users;

    11. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

    12. infringes or misappropriates any third party's patent, trademark, service mark, copyright, moral rights, trade secrets or other intellectual property;

    13. invades or violates any third party's right to privacy; or

    14. violates the following partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the EverMinder Services. EverMinder reserves the right to investigate and take appropriate legal action against anyone who, in EverMinder's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

      1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of invalid data, worms, viruses or other harmful files, copyright, trademark, or patent infringement, or theft of trade secrets;

      2. advertising to, or solicitation of, any Member to buy or sell any products or services through the EverMinder Services other than those expressly authorized or promoted by EverMinder. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the EverMinder Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, EverMinder.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which EverMinder.com deems appropriate in its sole discretion. Nothwithsatnding the foregoing, Members may from time to time send, or cause to be sent, EverMinder notifications and other content that contains or displays advertisements or promotions by third parties who are advertisers authorized by EverMinder;

      3. covering or obscuring the banner advertisements on your personal profile page, or any EverMinder.com page via HTML/CSS or any other means;

      4. any automated use of the system, such as using scripts to add friends or send comments or messages;

      5. interfering with, disrupting, or creating an undue burden on the EverMinder Services or the networks or services connected to the EverMinder Services;

      6. attempting to impersonate another Member or person or posting any third party's (including without limitation any family member's) information on the EverMinder Services without permission;

      7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

      8. selling or otherwise transferring your profile;

      9. using any information obtained from the EverMinder Services in order to harass, abuse, or harm another person;

      10. displaying an advertisement on your profile (other than advertisements authorized by EverMinder), or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the EverMinder Services on behalf of that person, such as placing commercial content on your profile or posting blogs or bulletins with a commercial purpose;

      11. using the EverMinder Services in a manner inconsistent with any and all applicable laws and regulations;

      12. use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the EverMinder Services in a manner that sends more request messages to the EverMinder Services servers than a human can reasonably produce in the same period by using a conventional on-line web browser;

      13. collect or harvest any personally identifiable information, including names or email addresses, from the EverMinder Services, nor use the EverMinder Services for any commercial solicitation purposes without prior written consent from EverMinder.com; or

      14. rent, lease, transfer, sell, resell, or otherwise exploit for any commercial purpose, any portion of or access to the EverMinder Services.

  4. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of EverMinder to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to EverMinder by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the EverMinder Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the EverMinder Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please provide this information to:

Copyright Notices
Reminderama, Inc.
[Address]

Fax: [number]
Email: help @ EverMinder.com

  1. Member Disputes. You are solely responsible for your interactions with other EverMinder.com Members. EverMinder reserves the right, but has no obligation, to monitor disputes between you and other Members.

  2. Privacy. We care about the privacy of our users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

  3. Security. EverMinder is intended to be a private network. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  4. Disclaimers.

    1. EVERMINDER, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND AFFILIATES (COLLECTIVELY, "AFFILIATES") ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE EVERMINDER SERVICE, WHETHER CAUSED BY USERS OF THE WEBSITE, MEMBERS, OUR ADVERTISERS OR CORPORATE PARTNERS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE OPERATION OF THE WEBSITE OR THE EVERMINDER SERVICE.

    2. EVERMINDERAND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL EVERMINDER.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING LOST DATA, LOST INFORMATION, PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE EVERMINDER SERVICES, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.

    3. EVERMINDER.COM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS; AND ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. EVERMINDER AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE WEBSITE, ANY MEMBER, OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE WEBSITE, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE WEBSITE, OR OTHERWISE IN CONNECTION WITH THE SERVICE.

    4. THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, EVERMINDER EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE EVERMINDER SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE EVERMINDER SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR WIRELESS DEVICE AND FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. EVERMINDER DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. THE EVERMINDER SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY EVERMINDER. EVERMINDER HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. YOU EXPRESSLY RELIEVE EVERMINDER FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES. EVERMINDER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. EVERMINDER WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

    5. EVERMINDER MAY IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO, PREVIEW, REVIEW, SCREEN, REMOVE, OR EDIT CONTENT. YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, INFRINGING, AND YOU HEREBY AGREE TO WAIVE ANY LEGAL RIGHTS AND REMEDIES YOU MAY HAVE AGAINST EVERMINDER FOR SUCH EXPOSURE.

  5. Limitation on Liability. IN NO EVENT SHALL EVERMINDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE EVERMINDER SERVICES, EVEN IF EVERMINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EVERMINDER'S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EVERMINDER FOR THE EVERMINDER SERVICES DURING THE TERM OF MEMBERSHIP. EVERMINDER ASSUMES NO LIABILITY WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE EVERMINDER SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE EVERMINDER SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE EVERMINDER SERVICES, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. YOU SPECIFICALLY ACKNOWLEDGE THAT EVERMINDER SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The EverMinder Services are controlled from our facilities in the United States. EverMinder makes no representations that the EverMinder Services are appropriate or available for use in other locations. Those who access or use the EverMinder Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  1. Disputes. This Agreement and any dispute regarding the EverMinder Services shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York. Either EverMinder or you may demand that any dispute between EverMinder and you about or involving the EverMinder Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, NY, USA, provided that the foregoing shall not prevent EverMinder from seeking injunctive relief in a court of competent jurisdiction.

  2. Indemnity. You agree to indemnify and hold EverMinder, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or access to the EverMinder Services, your violation of this Agreement, breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the EverMinder Services causes EverMinder to be liable to any third party.

  3. Other. This Agreement constitutes the entire agreement between you and EverMinder regarding the use of the EverMinder Services. The failure of EverMinder to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. EverMinder is a trademark of Reminderama, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

  4. Statute of Limitations. You agree that, regardless of any statute or law to the contrary (to the extent allowed by applicable law), any claim or cause of action, arising out of or related to use of the EverMinder Services or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  5. Notification Procedures. EverMinder may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to Users via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Website page, as determined by EverMinder in its sole discretion. EverMinder reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

Please contact EverMinder Help with any questions regarding this Agreement.

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