Terms of Use

Everflow Technologies Inc. (“Everflow”) provides www.everflow.io (the “Website”) to its visitors for informational purposes only (“Visitor”). For clarification, these Terms of Use only apply to Visitors and their use of the Website. The words "you" refer to Visitors to this Website. By accessing or using the Website, you acknowledge that you have read, understand and agree to be bound by these Terms of Use, as well as Everflow’s Privacy Policy, as applicable.

This Website is offered and available to users who are 13 (16 in the EU) years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Everflow and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Modification of Terms

Everflow reserves the right to change or delete any materials, documents, information, or other content appearing on the Website or revise these Terms of Use from time to time without notice and in its sole discretion. All changes are effective immediately when posted and apply to all access to, and use of, the Website thereafter, unless otherwise stated.  

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and share your personal information.  By submitting your personal information through the Website, you expressly consent to the collection, use, and disclosure of personal information in accordance with the Privacy Policy.

Communications

By using the Website, you agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these communications at any time by following the unsubscribe instructions provided therein.

Limited License 

You are hereby granted a limited, revocable, nonexclusive, nontransferable, nonassignable, non-sublicensable, “as-is” license to access and use the Website and related content for your own personal, non-commercial use; provided, however, that such license is subject to the Terms and does not include any right to (i) sell, resell, or use commercially the Website, (ii) distribute, publicly perform, or publicly display any content, (iii) modify or otherwise make any derivative uses of the Website, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Website, except as expressly permitted by us, and (vi) use the Website other than for their intended purposes. This license is subject to your compliance with these Terms.

Acceptable Use

All rights, including intellectual property rights, in this Website are owned by or licensed to Everflow. This Website and the content provided in this Website, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written authorization of Everflow. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or similar process or technology, or any manual process, to monitor or copy any of the web pages, data or content found on the Website. You may not modify the content or materials located on the Website.

You may not transmit or otherwise transfer any web pages, data or content found on the Website to any other computer, server, website, or other medium for mass distribution or for use in any commercial activity or enterprise. You may not use any device, software or routine to interfere or otherwise attempt to interfere with the proper functioning of the Website. You agree that you will not take any action that imposes a burden on Everflow’s infrastructure that Everflow deems in its sole discretion to be unreasonable. Unauthorized use of this Website and/or any data or content contained on this Website may violate applicable copyright, trademark or other intellectual property laws or other laws.

You may not use, encourage, promote, facilitate or instruct others to use the Website for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities include any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. You are prohibited from posting or transmitting any information that (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless you have the express written permission of the owner of such right, (c) contains a virus, “bug”, malware or other harmful item or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of the Website.

You may not create or maintain any link from another website to any page on the Website without Everflow’s prior written authorization. You may not run or display the Website or any material displayed on the Website in frames or through similar means on another website without Everflow’s prior written authorization. Any authorized links to the Website must comply with all applicable laws and regulations.

Proprietary Rights

We respect the intellectual property of others and ask that our users do the same. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied or used on the Website in a way that constitutes copyright infringement, please send the following information to our Copyright Agent at legal@everflow.io:

• Your address, telephone number, and email address.
• A description of the copyrighted work that your claim has been infringed.
• A description of where the alleged infringing material is located on the Website.
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with the requirements of the section, your notice may not be valid. 

Everflow may, at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe upon the intellectual property rights of others.

Links

This Website may include links to other Internet websites and resources provided by third parties. These websites and resources are provided solely as a convenience to you and not as an endorsement by Everflow of the contents of (or any product or services available from) such other websites. Everflow is not responsible or liable to you or any third party for the content, accuracy, products or services of such websites, and Everflow makes no representation or warranty regarding any other websites or the content or materials on such websites. If you decide to access other websites, you do so at your own risk and subject to the terms and conditions of use for such websites. You acknowledge and agree that Everflow shall not be liable for any damage or loss arising from or related to your use of such websites or reliance on any such content, products or services available from such websites.

Website Information

The Website may contain interviews, testimonials, discussions, press releases and other information (collectively, “Everflow Information”) about Everflow, its business and its services, including links to third-party websites that contain such Everflow Information, which are being provided as a convenience to visitors of the Website. Everflow disclaims any duty or obligation to update any Everflow Information. Statements concerning companies other than Everflow that are contained in any such Everflow Information should not be relied upon as being provided or endorsed by Everflow. The opinions expressed in any Everflow Information, including by Everflow’s employees and agents, are solely those of the author(s) and do not necessarily reflect those of Everflow.

Visitor Information

If you submit information, comments, feedback, or materials via the Website:

i. You represent and warrant that Everflow’s use of your submission does not and will not breach any agreement, violate any law, or infringe any third party’s rights;

ii. You represent and warrant that you have all rights to agree to these Terms of Use;

iii. Everflow is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and

iv. You grant Everflow all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by Everflow to anyone whatsoever.

Termination

1. You Terminate. You may terminate these Terms at any time by discontinuing your access to and use of the Website. If you use the Website again, you will be deemed to have agreed to the Terms.
2. We Terminate. You agree that we, in our sole discretion, and for any or no reason, may terminate these Terms and suspend and/or terminate your access to the Website without prior notice.  You agree that we will not be liable to you or to any third party for any such suspension or termination.
3. Other Remedies Available. If we terminate these Terms or suspend or terminate your access to or use of the Website due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Uses), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
4. Effect of Termination. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Website or that is related to your accounts, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.

International Issues

We operate the Website from the United States of America.  If you choose to access the Website from outside of the United States of America, you are responsible for complying with applicable local law. 

Bug Bounty Program

Currently, Everflow does not provide a bug bounty program or related monetary rewards.

If you believe you have discovered a vulnerability or security issue in Everflow’s products, services or website, or in your account, please notify Everflow by emailing support@everflow.io. Please include as much of the following information as possible:

• The name of the Everflow product or service and the respective version information.
• A summary of the reported vulnerability or security issue and potential impact.
• Detailed description of the potential vulnerability or security issue.
• Proof-of-concept that details the reproduction of the potential vulnerability or security issue.

Sensitive and Personal Information

Do not attempt to access anyone’s data or personal information without authorization, including by exploiting a vulnerability. If during your testing you accessed data or personal information of others:

• Stop testing immediately and cease any activity involving the data or personal information or the vulnerability or security issue.
• Do not save, copy, store, transfer, disclose, or otherwise retain the data or personal information.
• Alert Everflow immediately and support our investigation and mitigation efforts.

Everflow believes in building relationships with security researchers and security research improves security for customers. We encourage security researchers to work with us to identify and address vulnerabilities or security issues.

Disclaimer of Warranties

EVERFLOW AND ANY THIRD-PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY DATA OR CONTENT PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. EVERFLOW AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE AND SUCH PARTIES EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PROVIDED BY LAW, ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR USAGE OF TRADE. NEITHER EVERFLOW NOR ANY THIRD-PARTY PROVIDERS WARRANT THAT THE WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM EVERFLOW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, EVERFLOW ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY LOSS OR DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE.

IN NO EVENT SHALL EVERFLOW, ITS EMPLOYEES, AGENTS OR ANY THIRD PARTY PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, LOSS OF PROFITS, SALES, BUSINESS OR REVENUE, BUSINESS INTERPRETATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE WEBSITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE WEBSITE) OR (III) THE PERFORMANCE OR NONPERFORMANCE BY EVERFLOW OR ANY THIRD PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR ACCESS TO AND USE OF THE WEBSITE, EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID TO US BY YOU FOR THE WEBSITE THAT IS THE SUBJECT OF THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Everflow from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of the Website, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Website or User Content; (b) any feedback you provide; (c) your violation of these Terms; (d) your violation of the rights of any third party, including another user; (e) any breach or non-performance of any covenant or agreement made by you; (f) your User Content; or (g) any off-chain benefits (including the furnishing, or any failure to furnish, or any acts or omissions of or attributable to you or any third party in respect of the same). You agree to promptly notify Everflow of any third-party Claims and cooperate with Everflow in defending such Claims. You further agree that Everflow shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND EVERFLOW.

Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH EVERFLOW AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

These Terms of Use, including all matters of construction, validity, and performance, and all disputes arising out of or connected with the Terms of Use, the Site, and the Material and Content (each a “Dispute,” collectively, the “Disputes”), shall, in all respects, be governed by and construed in accordance with the laws of the State of California without regard to any principles of conflict of laws, except that the arbitration clause herein shall be governed by the Federal Arbitration Act. Any Dispute shall be settled by mediation under the Commercial Mediation procedures of the American Arbitration Association (the “AAA”), except that if mediation of a Dispute is not successful within two (2) months of appointment of a mediator, such Dispute shall be settled by individual arbitration under the Commercial Arbitration Rules of the AAA. The place of mediation or arbitration shall be the AAA office nearest to Agency’s principal place of business in California. The language of the mediation or arbitration shall be English. The arbitrator shall be an expert attorney with experience in the field of intellectual property and advertising law. Notwithstanding this arbitration provision, any Dispute not resolved through arbitration that is less than $10,000 USD and qualifies for treatment on a non-jury basis in a small claims court in California may be resolved in such small claims court on an individual basis at the election of either party. All Disputes shall be mediated, arbitrated, or litigated on an individual basis. You irrevocably waive any right it may otherwise have to proceed on a class or collective basis. Further, you irrevocably waive all right to trial by jury as well as any argument or claim of improper venue or forum non conveniens. The foregoing provisions shall not limit the right of Bleu Beauty to collect payments due or payable, or prevent either party from commencing any action or proceeding to compel arbitration, obtaining injunctive relief pending the appointment of an arbitrator, or obtaining execution of any award rendered in any such action or proceeding, or in any other manner provided venue for all such proceedings shall be in the state or federal courts within California. The parties shall bear their own expenses, except that parties shall equally share the expenses of any mediator or arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the Dispute). The prevailing party in any arbitration may seek from the arbitrator an award of the party’s reasonable outside attorneys’ fees and costs incurred. Judgment on any  award rendered by any arbitrator may be entered in any court having jurisdiction thereof.

Governing Law and Jurisdiction

These Terms of Use will be governed by both the substantive and procedural laws of California, excluding its conflict of law rules and the United Nations Convention for the International Sale of Goods. Any legal action or proceeding arising under these Service Terms will be brought exclusively in the federal or state courts located in the Northern District of California and the parties irrevocably consent to the personal jurisdiction and venue therein.

Entire Agreement

These Terms, any applicable supplemental terms, and our Privacy Policy constitute the entire legal agreement between you and us and will be deemed to be the final and integrated agreement between you and us, and govern your access to and use of the Website, and completely replace any prior or contemporaneous agreements between you and us related to your access to or use of the Website, whether oral or written.

Third-Party Beneficiaries

Except as otherwise provided herein, these Terms are intended solely for the benefit of Everflow and you and are not intended to confer third-party beneficiary rights upon any other person or entity.

Interpretation  

The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.

Severability  

Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

No Waivers 

Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.

Assignment

You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate or in connection with an acquisition, sale or merger. These Terms shall be binding upon and inure to the benefit of the applicable parties and their successors and permitted assigns.

‍