Effective: May 25, 2018 (modified 12/20/2021 for change of address)
This site and related services are provided subject to your compliance with the terms and conditions set forth below. Please read the following information carefully. By clicking "I agree" at the bottom of this screen, you indicate your agreement to be bound by the terms and conditions set forth below. If you do not agree to be bound by these terms and conditions, exit this screen by clicking "exit" below and you must not access or use the website.
Welcome to www.eved.com. This web site (www.eved.com, or any replacement site, the "Website") is operated by Eved, LLC ("Eved", "us", or "we"). The services offered by us include the Website and any other features, content, or applications offered at any time and from time to time by us in connection with the Website (collectively, the "Services").
This web site terms and conditions of use ("Terms") is a legally binding agreement between each user (including any registered user, trial user, visitor, or purchaser of any Eved service) ("You" and "Your") and Eved. By accessing the site or using the site or services, you agree that you understand the terms, and that you consent to be bound by all of its terms and conditions, including those that may be made available by hyperlink. These terms set forth your rights and obligations with respect to your use of and access to the site and any service provided by us. As used herein, "Services" includes use of any version of any services provided by or through us. If you do not agree to the terms, you should not use the site or services.
We may revise these Terms at any time and from time to time, and by your continued use of the Website you agree to be bound by future revisions. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Website. It is your responsibility to periodically visit the "Terms and Conditions" link at the bottom of the Website to review the most current version of the Terms. We expressly reserve the right to make any changes to these Terms, or to the Website and its content, at any time and from time to time, without prior notice to you.
Use of the Website or Services is void where prohibited. The Website is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Website by anyone under eighteen (18) is unauthorized, unlicensed and in violation of these Terms. By using the Services or the Website, you represent and warrant that you are eighteen (18) years of age or older.
In consideration of your use of the Website or registration for any Services which require you to open an account, you agree to:
You agree to notify us immediately of any unauthorized access to or use of your Registration Data or other breach of security that you become aware of. We have the right to disable any user name, password, or other identifier if, in our opinion, you have violated any provision of these Terms.
Eved.com and other graphics, logos, designs, page headers, button icons, scripts and service names of Eved and our affiliates are registered trademarks, trademarks or trade dress of Eved in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
The contents of the Website, including the text, images, audio and video (collectively, the "Website Content"), are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and the property of us and/or our subsidiaries, affiliates, vendors and licensors.
The Website Content may not be distributed, modified, reproduced, publicly performed, publicly displayed, republished, downloaded, stored, or used, in whole or in part, without our prior written consent, except that you may download content from the Website to any single computer for your personal, non-commercial use only, provided that you keep intact all copyright, trademark and all other proprietary notices.
We hereby grant you a nonexclusive, non-transferable, limited license to access and use the Website and the Shared Content solely for your personal, non-commercial use.
As a condition of your use of the Website, you warrant to us that you will not use the Website:
Additionally, you agree to not:
The Website may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third-parties. Such Third-Party Websites and Third-Party Applications, Software and Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. If you decide to leave the Website and access the Third-Party Websites, you do so at your own risk.
You are solely responsible for the text, images, video, audio, links, messages, notes, profiles, listings, or other content that you upload, publish, or display on or through the Services or the Website, or transmit to or share with other users (collectively, "Shared Content"). By posting any Shared Content, you:
As provided in the Digital Millennium Copyright Act ("DMCA"), we have designated the following individual for notification of potential copyright infringement regarding the Website:
Eved, LLC
5641 Howard Street
Niles, IL 60714
312-902-3833
Contact: clientservices@eved.com
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers.
Eved is based in the United States. We make no claims that the Website or any of its content are not blocked by the government or other authority in any country. You are solely responsible to ensure that your access and use of the Website and its content is lawful in your jurisdiction.
You shall indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, and our clients harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Services or the Website, your conduct in connection with the Services or the Website or with other users, or any violation of these Terms or of any law or the rights of any third-party.
You are solely responsible for your interactions with other Website users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
We are not responsible or liable in any manner for any Shared Content, any user content, or Third-Party Applications, Software, or Content posted on the Website or in connection with the Service, whether posted or caused by you or other users of the Website, by us, by third-parties, or by any of the equipment or programming associated with or utilized in the Website or the Service.
THE SITE, INCLUDING ANY SHARED CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, IS PROVIDED "AS IS", WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SERVICES AND HYPERLINKED WEB SITES.
EVED AND OUR AFFILIATES, VENDORS, LICENSORS AND OTHER THIRD-PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SERVICES, SHARED CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
YOU AND EVED AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark, or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules. To the fullest extent permitted by applicable law, no arbitration or claim under these Terms of Use shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted.
Although we attempt to ensure the integrity and accurateness of the Website, we make no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include typographical errors, inaccuracies, and other errors.
We make no representations whatsoever about any other website that you may access through the Website. When you access a non-Eved site, please understand that it is independent from us, and that we have no control over the content on that website.
Without our express, prior and written permission, it is expressly prohibited to: (a) "frame" the Website or any Shared Content; (b) cause the hyperlink to the Website to be displayed in any way that is disparaging to us; or (c) otherwise imply or state that any type of relationship or special arrangements exist with us.
Information that you provide or that we collect about you and your organization, in connection with your access to and use of the Website, is subject to our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference.
The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of Illinois, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law, and the State and federal courts of Illinois shall have jurisdiction over any claim arising hereunder. Any legal action or proceeding relating to this Agreement shall be instituted in a state court in Chicago or Cook County, Illinois, or in a federal court in the Northern District of Illinois.
We may terminate your account, delete your profile and any content or information that you have posted on the Website, or prohibit you from using or accessing the Service or the Website for any reason, or no reason, at any time in our sole discretion, with or without notice.
Except as explicitly stated otherwise, legal notices must be served on Eved via e-mail to clientservices@eved.com. We may give you legal notice by mail or e-mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Eved, LLC is located at 5641 Howard St., Niles, IL 60714. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign these Terms. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
The following Sections survive any termination of this Agreement: Acceptance, Eligibility, Disclaimer, Indemnity, Limitation of Liability, Arbitration, Choice of Law; Venue, Entire Agreement and Miscellaneous.
Except as provided below, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof. In our sole discretion, we may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Website.
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