Thank -you for your interest in the Ever application for your mobile device -(the "App") provided to you by EVER CO. LTD ("EVER" -"us" or "we"), and our web site at Ever.co (the -"Site"), as well as all related web sites, networks, -downloadable software, and other services provided by us and on which -a link to this Terms of Service is displayed (collectively, together -with the Apps and Site, our "Service").
-PLEASE -READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. -
-These -Terms of Service (these "Terms", “Agreement”, “Terms -of Service”, "TOS"), including the Privacy Policy -incorporated into these Terms by reference and any other applicable -policies and guidelines, as may be updated from time to time, govern -your use of the Service. These Terms constitute a legal agreement -between you and EVER. In order to use the Service you must agree to -these Terms. -
-BY -DOWNLOADING, INSTALLING, OR OTHERWISE BY ACCESSING OR USING OUR -SITES, MOBILE APPLICATIONS AND OUR SERVICES, YOU HEREBY AGREE THAT -YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE TO BE BOUND BY THE TERMS -AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. -
-IT -IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE -CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE -THIS SITE OR OUR MOBILE APPS.
-IF -YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN -PLEASE DO NOT ACCESS OR USE OUR SITES, MOBILE APPS OR OUR SERVICES.
-THIS -TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11/06/2016.
-ACCEPTANCE -OF TERMS
-The -following Terms of Service Agreement is a legally binding agreement -that shall govern the relationship with our users and others which -may interact or interface with EVER CO. LTD, also known as EVER, -located at HaAtsmaut 38/3, Ashdod 77452, Israel and our subsidiaries -and affiliates, in association with the use of the EVER website and -mobile apps, which includes Ever.co, (the "Site") and its -Services, EVER Applications (the “Apps”) and its Services.
-Your -use of the EVER Services may be subject to separate third party terms -of service and fees, including without limitation your mobile network -operator’s terms of service and fees, including fees charged for -data usage, messaging and overage, which are your sole -responsibility.
-DESCRIPTION -OF SERVICES OFFERED
-EVER -provides a mobile apps and web-based technology platform (the -"Platform", "Marketplace") that connects -consumers (the "Customers"), retail stores, and restaurants -(together referenced as "Merchants"), with third party -independent contractors and third party independent contractors under -agreement with EVER and certain of EVER's affiliates (together -referenced as "Couriers"). The Platform provides order -placement services for Customers and allows them to view, discuss, -and place orders for food, beverages and goods, and pick-up and / or -delivery services in connection therewith, with Merchants and -Restaurants. The platform allows Carriers to facilitate on-demand -same day delivery services for food, merchandise, goods and -beverages. -
-Through -the Platform consumers may request that food, merchandise, goods or -beverages, be delivered to them from particular retail locations, -stores or restaurants (Merchants). Couriers can access the Platform -and receive delivery opportunities. -
-EVER -IS NOT A RETAIL STORE, MERCHANT OF FOOD OR BEVERAGES, RESTAURANT, -FOOD PICKUP AND / OR DELIVERY SERVICE, MERCHANDISE DELIVERY SERVICE, -OR FOOD PREPARATION ENTITY. YOU ACKNOWLEDGE THAT EVER DOES NOT -PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A -TRANSPORTATION CARRIER AND EVER DOES NOT PROVIDE DELIVERY SERVICES -AND DOES NOT CONTROL THE RESTAURANTS OR THE PRODUCTION OF ANY FOOD OR -BEVERAGES, OR ANY PICK-UP OR DELIVERY SERVICES THEREWITH. INDEPENDENT -CONTRACTORS (EACH A "COURIER") OFFER DELIVERY SERVICES -THROUGH USE OF THE SERVICE. EVER OFFERS INFORMATION AND A METHOD TO -OBTAIN COURIER SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE -COURIER SERVICES OR ACT IN ANY WAY AS A COURIER, AND HAS NO -RESPONSIBILITY OR LIABILITY FOR ANY COURIER.
-The -Merchants available through our Services operate indepenently of the -EVER. The EVER will not assess the suitability, legality or ability -of any Carrier or Merchant. The EVER is not responsible for the -Merchants food preparation or safety and does not verify their -compliance with applicable laws or regulations. The EVER has no -responsibility or liability for acts by any third-party Merchant or -Carrier, other than as stated herein. EVER, including the Website, -Apps and the EVER Services, does not in any way independently verify -the credentials or representations of any of the Restaurants, the -ingredients or the quality of any their products or services, or any -Restaurant’s compliance with applicable laws.
-Customers -using the EVER Services must make themselves comfortable through the -information provided by the Restaurants on the Platform, by -contacting the Restaurants directly, or through such other means or -methods as they may deem appropriate, as to the quality and -reliability and quality of the Restaurants and the Restaurants’ -compliance with applicable laws. The EVER, including the Website, -Apps and the EVER Services, does not in any way guarantee the quality -of any Restaurant or any food or beverage, or any pickup- up or -delivery service in connection therewith, or any compliance thereof -with applicable laws. In addition, a Restaurant may represent certain -standards with respect to their food preparation (or other services), -such as “organic,” “kosher,” “macrobiotic” or allergen- -specific standards such as “nut-free,” “gluten-free,” or -“lactose-free”; EVER does not investigate or verify any such -representations. EVER shall not be liable or responsible for any food -or beverages, or any other services, offered by the Restaurants or -any errors or misrepresentations made by them (including on the -Website, Apps and through the EVER Services).
-Unless -otherwise agreed by EVER in a separate written agreement with you, -the Services are made available solely for your personal, -noncommercial use. -
-As -provided in greater detail in these Terms, you agree and acknowledge -these material Terms:
-- -The App is licensed, not sold to you, and you may use the Service -only as set forth in these Terms;
-- -Your use of the Service may be subject to separate third party terms -of service and fees, including without limitation your mobile network -operator’s ("Carrier") terms of service and fees, -including fees charged for data usage and overage, which are your -sole responsibility;
-- -You consent to the collection, sharing, and use of your personally -identifiable information in accordance with EVER Privacy Policy;
-- -The Service is provided "as is" without warranties of any -kind, and EVER liability to you is limited; -
-SCOPE -OF APPS LICENSE
-Our -Apps are licensed, not sold, to you for use only under the terms of -this license. EVER reserves all rights not expressly granted to you. -Subject to your complete and ongoing compliance with these Terms, -EVER hereby grants you a personal, limited, revocable, -non-transferable license to use our Apps on compatible devices that -you own or control, solely for your non-commercial use.
-You -may not modify, alter, reproduce, distribute or make the Apps -available over a network where it could be used by multiple devices -at the same time. You may not rent, lease, lend, sell, redistribute -or sublicense the Apps. If you breach these license restrictions, or -otherwise exceed the scope of the license granted in these Terms, you -may be subject to prosecution and legal damages, as well as liability -for infringement of intellectual property rights. These Terms will -govern any updates provided to you by EVER that replace and/or -supplement the original Apps, unless the upgrade is accompanied by a -separate license in which case the terms of that license will govern.
-ACCOUNT -ACCESS
-You -must be at least eighteen (18) years old to use the Service. By -agreeing to these Terms, you represent and warrant to us:
-- -That you are at least eighteen (18) years old;
-- -That you have not previously been suspended or removed from the -Service; and
-- -That your registration and your use of the Service is in compliance -with any and all applicable laws and regulations.
-If -you are using the Service on behalf of an entity, organization, or -company, you represent and warrant that you have the authority to -bind that organization to these Terms and you agree to be bound by -these Terms on behalf of that organization.
-ACCOUNTS -AND REGISTRATION
-Any -and all visitors to our site and users of our apps, despite whether -they are registered or not, shall be deemed as "users" of -the herein contained Services provided for the purpose of this TOS.
-Once -an individual register's for our Services, through the process of -creating an account, the user shall then be considered a "member."
-To -register and become a "member" of the Site or Apps, you -must be at least 18 years of age to enter into and form a legally -binding contract. In addition, you must be in good standing and not -an individual that has been previously barred from receiving EVER's -Services under the laws and statutes of the Israel, United States or -other applicable jurisdiction.
-When -you register, EVER may collect information such as your first and -last name, e-mail address, birth date, gender, mailing address, -occupation, industry and personal interests. -
-You -can edit your account information at any time. Once you register with -EVER and sign in to our Services, you are no longer anonymous to us.
-Furthermore, -the registering party hereby acknowledges, understands and agrees to:
-a) furnish -factual, correct, current and complete information with regards to -yourself as may be requested by the data registration process, and
-b) maintain -and promptly update your registration and profile information in an -effort to maintain accuracy and completeness at all times.
-If -anyone knowingly provides any information of a false, untrue, -inaccurate or incomplete nature, EVER CO. LTD will have sufficient -grounds and rights to suspend or terminate the member in violation of -this aspect of the Agreement, and as such refuse any and all current -or future use of EVER CO. LTD Services, or any portion thereof. -
-The -user and/or member acknowledges and agrees that the Services provided -and made available through our website and applications, which may -include some mobile applications and that those applications may be -made available on various social media networking sites and numerous -other platforms and downloadable programs, are the sole property of -EVER CO. LTD. At its discretion, EVER CO. LTD may offer additional -website Services and/or products, or update, modify or revise any -current content and Services, and this Agreement shall apply to any -and all additional Services and/or products and any and all updated, -modified or revised Services unless otherwise stipulated. EVER CO. -LTD does hereby reserve the right to cancel and cease offering any of -the aforementioned Services and/or products. You, as the end user -and/or member, acknowledge, accept and agree that EVER CO. LTD shall -not be held liable for any such updates, modifications, revisions, -suspensions or discontinuance of any of our Services and/or products. -Your continued use of the Services provided, after such posting of -any updates, changes, and/or modifications shall constitute your -acceptance of such updates, changes and/or modifications, and as -such, frequent review of this Agreement and any and all applicable -terms and policies should be made by you to ensure you are aware of -all terms and policies currently in effect. Should you not agree to -the updated, revised or modified terms, you must stop using the -provided Services forthwith.
-Furthermore, -the user and/or member understands, acknowledges and agrees that the -Services offered shall be provided "AS IS" and as such EVER -CO. LTD shall not assume any responsibility or obligation for the -timeliness, missed delivery, deletion and/or any failure to store -user content, communication or personalization settings. -
-PURCHASES
-If -you wish to purchase any product, food or service made available -through the Service ("Purchase"), you may be asked to -supply certain information relevant to your Purchase including, -without limitation, your first and last name, birth date, gender, -credit card information, physical and mailing addresses, e-mail -address and phone number or other contact information.
-When -you place an order through the Apps, WebSite and EVER Services, you -will be given a choice of payment options, which may include via -Apple Pay, Credit Card, PayPal®, Android Pay, and direct payment to -the applicable Merchant or Restaurant. If you pay for your purchase -via Apple Pay, Credit Card, PayPal, or Android Pay, we will ask for a -valid Apple Pay account, Credit Card, PayPal account, or Android Pay -account, as applicable, which will be billed through the EVER -Services, for the purchase price of the applicable order, and “EVER -CO. LTD” or your name will be the name that appears on the Apple -Pay, Credit Card, PayPal, or Android Pay statement, as applicable. As -stated above, however, EVER, including the Apps, Website and the EVER -Services, is not and shall not in any manner be considered the seller -of any of the food, beverages, and services ordered.
-PRICES
-You -understand that: (a) the prices for food and goods displayed through -the Services may differ from the prices offered or published by -Merchants for the same menu items, food or goods and/or from prices -available at other third-party websites and that such prices may not -be the lowest prices at which the items are sold; (b) the Company has -no obligation to itemize its costs, profits or margins when -publishing such prices; and (c) the Company reserves the right to -change such prices at any time, at its discretion. You are liable for -all transaction taxes on the Services provided under this Agreement -(other than taxes based on the Company’s income). Payment will be -processed by the Company, using the preferred payment method -designated in your account.
-GENERAL -PAYMENT TERMS
-Certain -features of the Service, including the placing of orders using the -Service, may require you to pay fees. Before you pay any fees, you -will have an opportunity to review and accept an estimate of the fees -that you will be charged. All fees are non-refundable. This no refund -policy applies at all times regardless of your decision to terminate -your usage, our decision to terminate your usage and any disruption -caused to our Service for any reason whatsoever.
-EVER, -at its sole discretion, may offer credits or refunds on a -case-by-case basis; all credit and/or refund requests must be made -within fifteen (15) days after the delivery was completed. EVER may -change the delivery or other fees for any feature of the Service, -including by adding fees, on a going-forward basis at any time.
-EVER -will charge the payment method you specify at the time of purchase or -as otherwise specified by you in your account information. EVER -reserves the right to determine final prevailing pricing. (Please -note the pricing information published on the website may not reflect -the prevailing pricing.) EVER, at its sole discretion, may make -promotional offers with different features and different rates to any -of our customers. These promotional offers, unless made to you, shall -have no bearing whatsoever on your offer or contract. We may change -the fees for the Service at any time as we deem necessary for our -business. -
-PAYMENT -AUTHORIZATION
-You -authorize EVER to charge all sums for orders that you make and -services you select to the payment method specified in your account. -When you order on EVER, a temporary pre-authorization hold might be -placed on your payment card to verify that the card is valid and has -credit available for your intended purchase. Once your order is -complete, you will be charged the final order total and the -pre-authorization hold will be lifted within 24-72 business hours, -depending on your bank. The pre-authorization hold remains even if an -order is canceled by a customer or by EVER and may remain on your -card for up to 5 business days.
-EVER -also may place an initial temporary pre-authorization hold on each -new payment method you add to your account.
-PAYMENT -WHEN CUSTOMER NOT AVAILABLE
-EVER -reserves the right to charge a customer the full order amount if that -customer is not at the designated delivery location when the courier -arrives to complete the delivery.
-PRIVACY -POLICY
-Every -member's registration data and various other personal information are -strictly protected by the EVER CO. LTD Online Privacy Policy (see the -full Privacy Policy at https://ever.co/privacy/site.html). -As a member, you herein consent to the collection and use of the -information provided, including the transfer of information within -the United States, Israel and/or other countries for storage, -processing or use by EVER CO. LTD and/or our subsidiaries and -affiliates. -
-MEMBER -ACCOUNT, USERNAME, PASSWORD AND SECURITY
-When -you register, you will be asked to provide a password. You are solely -responsible for maintaining the confidentiality of your account and -password, and any password for Facebook, Google, or other third party -login. You accept responsibility for all activities that occur under -your account. If you have reason to believe that your account is no -longer secure, you must immediately notify us by our sending email to -security@ever.co
-When -you set up an account, you are the sole authorized user of your -account. You shall be responsible for maintaining the secrecy and -confidentiality of your password and for all activities that -transpire on or within your account. It is your responsibility for -any act or omission of any user(s) that access your account -information that, if undertaken by you, would be deemed a violation -of the TOS. It shall be your responsibility to notify EVER CO. LTD -immediately if you notice any unauthorized access or use of your -account or password or any other breach of security. EVER CO. LTD -shall not be held liable for any loss and/or damage arising from any -failure to comply with this term and/or condition of the TOS. -
-CONDUCT
-As -a user or member of the Site or Apps, you herein acknowledge, -understand and agree that all information, text, software, data, -photographs, music, video, messages, tags or any other content, -whether it is publicly or privately posted and/or transmitted, is the -expressed sole responsibility of the individual from whom the content -originated. In short, this means that you are solely responsible for -any and all content posted, uploaded, emailed, transmitted or -otherwise made available by way of the EVER Services, and as such, we -do not guarantee the accuracy, integrity or quality of such content. -It is expressly understood that by use of our Services, you may be -exposed to content including, but not limited to, any errors or -omissions in any content posted, and/or any loss or damage of any -kind incurred as a result of the use of any content posted, emailed, -transmitted or otherwise made available by EVER. -
-Furthermore, -you herein agree not to make use of EVER CO. LTD's Services for the -purpose of:
-a) uploading, -posting, emailing, transmitting, or otherwise making available any -content that shall be deemed unlawful, harmful, threatening, abusive, -harassing, tortious, defamatory, vulgar, obscene, libelous, or -invasive of another's privacy or which is hateful, and/or racially, -ethnically, or otherwise objectionable;
-b) causing -harm to minors in any manner whatsoever;
-c) impersonating -any individual or entity, including, but not limited to, any EVER -officials, forum leaders, guides or hosts or falsely stating or -otherwise misrepresenting any affiliation with an individual or -entity;
-d) forging -captions, headings or titles or otherwise offering any content that -you personally have no right to pursuant to any law nor having any -contractual or fiduciary relationship with;
-e) uploading, -posting, emailing, transmitting or otherwise offering any such -content that may infringe upon any patent, copyright, trademark, or -any other proprietary or intellectual rights of any other party;
-f) uploading, -posting, emailing, transmitting or otherwise offering any content -that you do not personally have any right to offer pursuant to any -law or in accordance with any contractual or fiduciary relationship;
-g) uploading, -posting, emailing, transmitting, or otherwise offering any -unsolicited or unauthorized advertising, promotional flyers, "junk -mail," "spam," or any other form of solicitation, -except in any such areas that may have been designated for such -purpose;
-h) uploading, -posting, emailing, transmitting, or otherwise offering any source -that may contain a software virus or other computer code, any files -and/or programs which have been designed to interfere, destroy and/or -limit the operation of any computer software, hardware, or -telecommunication equipment;
-i) disrupting -the normal flow of communication, or otherwise acting in any manner -that would negatively affect other users' ability to participate in -any real time interactions;
-j) interfering -with or disrupting any EVER CO. LTD Services, servers and/or networks -that may be connected or related to our website, including, but not -limited to, the use of any device software and/or routine to bypass -the robot exclusion headers;
-k) intentionally -or unintentionally violating any local, state, federal, national or -international law, including, but not limited to, rules, guidelines, -and/or regulations decreed by the U.S. Securities and Exchange -Commission, in addition to any rules of any nation or other -securities exchange, that would include without limitation, the New -York Stock Exchange, the American Stock Exchange, or the NASDAQ, and -any regulations having the force of law;
-l) providing -informational support or resources, concealing and/or disguising the -character, location, and or source to any organization delegated by -the United States government as a "foreign terrorist -organization" in accordance to Section 219 of the Immigration -Nationality Act;
-m) "stalking" -or with the intent to otherwise harass another individual; and/or -
-n) collecting -or storing of any personal data relating to any other member or user -in connection with the prohibited conduct and/or activities which -have been set forth in the aforementioned paragraphs.
-EVER -CO. LTD herein reserves the right to pre-screen, refuse and/or delete -any content currently available through our Services. In addition, we -reserve the right to remove and/or delete any such content that would -violate the TOS or which would otherwise be considered offensive to -other visitors, users and/or members.
-EVER -CO. LTD herein reserves the right to access, preserve and/or disclose -member account information and/or content if it is requested to do so -by law or in good faith belief that any such action is deemed -reasonably necessary for:
-a) compliance -with any legal process;
-b) enforcement -of the TOS;
-c) responding -to any claim that therein contained content is in violation of the -rights of any third party;
-d) responding -to requests for customer service; or
-e) protecting -the rights, property or the personal safety of EVER CO. LTD, its -visitors, users and members, including the general public.
-EVER -CO. LTD herein reserves the right to include the use of security -components that may permit digital information or material to be -protected, and that such use of information and/or material is -subject to usage guidelines and regulations established by EVER CO. -LTD or any other content providers supplying content services to EVER -CO. LTD. You are hereby prohibited from making any attempt to -override or circumvent any of the embedded usage rules in our -Services. Furthermore, unauthorized reproduction, publication, -distribution, or exhibition of any information or materials supplied -by our Services, despite whether done so in whole or in part, is -expressly prohibited.
-INTERSTATE -COMMUNICATION
-Upon -registration, you hereby acknowledge that by using Site and Apps to -send electronic communications, which would include, but are not -limited to, email, searches, instant messages, uploading of files, -photos and/or videos, you will be causing communications to be sent -through our computer network. Therefore, through your use, and thus -your agreement with this TOS, you are acknowledging that the use of -this Service shall result in interstate transmissions.
-CAUTIONS -FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
-Due -to the global nature of the internet, through the use of our network -you hereby agree to comply with all local rules relating to online -conduct and that which is considered acceptable Content. Uploading, -posting and/or transferring of software, technology and other -technical data may be subject to the export and import laws of the -United States and possibly other countries. Through the use of our -network, you thus agree to comply with all applicable export and -import laws, statutes and regulations, including, but not limited to, -the Export Administration Regulations -(http://www.access.gpo.gov/bis/ear/ear_data.html), -as well as the sanctions control program of the United States -(http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). -Furthermore, you state and pledge that you:
-a) are -not on the list of prohibited individuals which may be identified on -any government export exclusion report -(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) -nor a member of any other government which may be part of an -export-prohibited country identified in applicable export and import -laws and regulations;
-b) agree -not to transfer any software, technology or any other technical data -through the use of our network Services to any export-prohibited -country; -
-c) agree -not to use our website network Services for any military, nuclear, -missile, chemical or biological weaponry end uses that would be a -violation of the Israel, U.S. export laws; and
-d) agree -not to post, transfer nor upload any software, technology or any -other technical data which would be in violation of the Israel, U.S. -or other applicable export and/or import laws.
-CONTENT -PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
-EVER -CO. LTD shall not lay claim to ownership of any content submitted by -any visitor, member, or user, nor make such content available for -inclusion on our website Services. Therefore, you hereby grant and -allow for EVER CO. LTD the below listed worldwide, royalty-free and -non-exclusive licenses, as applicable:
-a) The -content submitted or made available for inclusion on the publicly -accessible areas of EVER CO. LTD's sites, the license provided to -permit to use, distribute, reproduce, modify, adapt, publicly perform -and/or publicly display said Content on our network Services is for -the sole purpose of providing and promoting the specific area to -which this content was placed and/or made available for viewing. This -license shall be available so long as you are a member of EVER CO. -LTD's sites, and shall terminate at such time when you elect to -discontinue your membership.
-b) Photos, -audio, video and/or graphics submitted or made available for -inclusion on the publicly accessible areas of EVER CO. LTD's sites, -the license provided to permit to use, distribute, reproduce, modify, -adapt, publicly perform and/or publicly display said Content on our -network Services are for the sole purpose of providing and promoting -the specific area in which this content was placed and/or made -available for viewing. This license shall be available so long as you -are a member of EVER CO. LTD's sites and shall terminate at such time -when you elect to discontinue your membership.
-c) For -any other content submitted or made available for inclusion on the -publicly accessible areas of EVER CO. LTD's sites, the continuous, -binding and completely sub-licensable license which is meant to -permit to use, distribute, reproduce, modify, adapt, publish, -translate, publicly perform and/or publicly display said content, -whether in whole or in part, and the incorporation of any such -Content into other works in any arrangement or medium current used or -later developed.
-Those -areas which may be deemed "publicly accessible" areas of -EVER CO. LTD's sites are those such areas of our network properties -which are meant to be available to the general public, and which -would include message boards and groups that are openly available to -both users and members. However, those areas which are not open to -the public, and thus available to members only, would include our -mail system and instant messaging.
-CONTRIBUTIONS -TO COMPANY WEBSITE
-EVER -CO. LTD provides an area for our users and members to contribute -feedback to our website. When you submit ideas, documents, -suggestions and/or proposals ("Contributions") to our site, -you acknowledge and agree that: -
-a) your -contributions do not contain any type of confidential or proprietary -information;
-b) EVER -shall not be liable or under any obligation to ensure or maintain -confidentiality, expressed or implied, related to any Contributions; -
-c) EVER -shall be entitled to make use of and/or disclose any such -Contributions in any such manner as they may see fit; -
-d) the -contributor's Contributions shall automatically become the sole -property of EVER; and
-e) EVER -is under no obligation to either compensate or provide any form of -reimbursement in any manner or nature.
-INDEMNITY
-All -users and/or members herein agree to insure and hold EVER CO. LTD, -our subsidiaries, affiliates, agents, employees, officers, partners -and/or licensors blameless or not liable for any claim or demand, -which may include, but is not limited to, reasonable attorney fees -made by any third party which may arise from any content a member or -user of our site may submit, post, modify, transmit or otherwise make -available through our Services, the use of EVER Services or your -connection with these Services, your violations of the Terms of -Service and/or your violation of any such rights of another person.
-COMMERCIAL -REUSE OF SERVICES
-The -member or user herein agrees not to replicate, duplicate, copy, -trade, sell, resell nor exploit for any commercial reason any part, -use of, or access to EVER's sites or Apps.
-USE -AND STORAGE GENERAL PRACTICES
-You -herein acknowledge that EVER CO. LTD may set up any such practices -and/or limits regarding the use of our Services, without limitation -of the maximum number of days that any email, message posting or any -other uploaded content shall be retained by EVER CO. LTD, nor the -maximum number of email messages that may be sent and/or received by -any member, the maximum volume or size of any email message that may -be sent from or may be received by an account on our Service, the -maximum disk space allowable that shall be allocated on EVER CO. -LTD's servers on the member's behalf, and/or the maximum number of -times and/or duration that any member may access our Services in a -given period of time. In addition, you also agree that EVER CO. LTD -has absolutely no responsibility or liability for the removal or -failure to maintain storage of any messages and/or other -communications or content maintained or transmitted by our Services. -You also herein acknowledge that we reserve the right to delete or -remove any account that is no longer active for an extended period of -time. Furthermore, EVER CO. LTD shall reserve the right to modify, -alter and/or update these general practices and limits at our -discretion.
-Any -messenger service, which may include any web-based versions, shall -allow you and the individuals with whom you communicate with the -ability to save your conversations in your account located on EVER -CO. LTD's servers. In this manner, you will be able to access and -search your message history from any computer with internet access. -You also acknowledge that others have the option to use and save -conversations with you in their own personal account on Ever.co. It -is your agreement to this TOS which establishes your consent to allow -EVER CO. LTD to store any and all communications on its servers.
-THIRD-PARTY -INTERACTIONS -
-1. -Third-Party Providers
-During -use of the Service, you may purchase goods and services from -third-party merchants through the Service. Any such activity, and any -disputes, terms, conditions, warranties or representations associated -with that activity, is solely between you and the applicable third -party. EVER and its licensors shall have no liability, obligation or -responsibility for any purchase or transaction between you and any -third-party provider. In no event shall EVER or its licensors be -responsible for any content, products, services or other materials on -or available from third-party sites or third-party providers. Certain -third-party providers of goods and/or services may require your -agreement to additional or different terms and conditions prior to -your use of or access to such goods or services, and EVER disclaims -any and all responsibility or liability arising from such agreements -between you and a third party.
-2. -Couriers
-You -may engage third-party Couriers through the Service to provide -delivery services to you and may interact with those Couriers. Any -interactions or disputes between you and a Courier are solely between -you and that Courier. EVER and its licensors shall have no liability, -obligation or responsibility for any interaction between you and any -Courier.
-3. -Third-Party Advertising
-The -Service may contain third-party advertising and marketing. By -agreeing to these Terms you agree to receive such advertising and -marketing.
-4. -App Stores
-You -acknowledge and agree that the availability of the EVER Apps 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 this Agreement is between you and the -EVER and not with the App Store. The EVER, not the App Store, is -solely responsible for the Software and the Services, including the -Applications and the Services, 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 -Applications, 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 -Application or the Services. You agree to comply with, and your -license to use the Applications 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 Applications. You -acknowledge that the App Store (and its subsidiaries) are intended -third-party beneficiaries of the Agreement and have the right to -enforce them.
-TRANSACTIONS -INVOLVING ALCOHOL -
-You -may have the option to request delivery of alcohol products in some -locations and from certain Merchants. If you receive your delivery in -the Israel or United States, you agree that you will only order -alcohol products if you are 21 years of age or older. If you receive -your delivery in another country, you agree that you will only order -alcohol products if you are of legal age to purchase alcohol products -in the relevant jurisdiction. You also agree that, upon delivery of -alcohol products, you will provide valid government-issued -identification proving your age to the Carrier delivering the alcohol -products and that the recipient will not be intoxicated when -receiving delivery of such products. If you order alcohol products, -you understand and acknowledge that neither the EVER nor the Carrier -can accept your order of alcohol products, and the order will only be -delivered if the Merchant accepts your order. The Carrier reserves -the right to refuse delivery if you are not 21 years of older, if you -cannot provide a valid government issued ID, if the name on your ID -does not match the name on your order, or you are visibly -intoxicated. If the Carrier is unable to complete the delivery of -alcohol products for one or more of these reasons, you are subject to -a full refund.
-MODIFICATIONS
-EVER -CO. LTD shall reserve the right at any time it may deem fit, to -modify, alter and or discontinue, whether temporarily or permanently, -our service, or any part thereof, with or without prior notice. In -addition, we shall not be held liable to you or to any third party -for any such alteration, modification, suspension and/or -discontinuance of our Services, or any part thereof.
-TERMINATION
-We -may terminate or suspend access to our Service immediately, without -prior notice or liability, for any reason whatsoever, including -without limitation if you breach the Terms.
-As -a member of Ever.co or Mobile Apps, you may cancel or terminate your -account, associated email address and/or access to our Services by -submitting a cancellation or termination request to ever@ever.co.
-As -a member, you agree that EVER CO. LTD may, without any prior written -notice, immediately suspend, terminate, discontinue and/or limit your -account, any email associated with your account, and access to any of -our Services.
-The -cause for such termination, discontinuance, suspension and/or -limitation of access shall include, but is not limited to:
-a) any -breach or violation of our TOS or any other incorporated agreement, -regulation and/or guideline;
-b) by -way of requests from law enforcement or any other governmental -agencies;
-c) the -discontinuance, alteration and/or material modification to our -Services, or any part thereof;
-d) unexpected -technical or security issues and/or problems;
-e) any -extended periods of inactivity;
-f) any -engagement by you in any fraudulent or illegal activities; and/or
-g) the -nonpayment of any associated fees that may be owed by you in -connection with your Ever.co and Apps account Services.
-Furthermore, -you herein agree that any and all terminations, suspensions, -discontinuances, and or limitations of access for cause shall be made -at our sole discretion and that we shall not be liable to you or any -other third party with regards to the termination of your account, -associated email address and/or access to any of our Services.
-The -termination of your account with Ever.co and Apps shall include any -and/or all of the following:
-a) the -removal of any access to all or part of the Services offered within -Ever.co and Apps;
-b) the -deletion of your password and any and all related information, files, -and any such content that may be associated with or inside your -account, or any part thereof; and
-c) the -barring of any further use of all or part of our Services.
-All -provisions of the Terms which by their nature should survive -termination shall survive termination, including, without limitation, -ownership provisions, warranty disclaimers, indemnity and limitations -of liability.
-ADVERTISER
-Any -correspondence or business dealings with, or the participation in any -promotions of, advertisers located on or through our Services, which -may include the payment and/or delivery of such related goods and/or -Services, and any such other term, condition, warranty and/or -representation associated with such dealings, are and shall be solely -between you and any such advertiser. Moreover, you herein agree that -EVER CO. LTD shall not be held responsible or liable for any loss or -damage of any nature or manner incurred as a direct result of any -such dealings or as a result of the presence of such advertisers on -our website.
-LINKS
-Either -EVER CO. LTD or any third parties may provide links to other websites -and/or resources. Thus, you acknowledge and agree that we are not -responsible for the availability of any such external sites or -resources, and as such, we do not endorse nor are we responsible or -liable for any content, products, advertising or any other materials, -on or available from such third party sites or resources. -Furthermore, you acknowledge and agree that EVER CO. LTD shall not be -responsible or liable, directly or indirectly, for any such damage or -loss which may be a result of, caused or allegedly to be caused by or -in connection with the use of or the reliance on any such content, -goods or Services made available on or through any such site or -resource.
-PROPRIETARY -RIGHTS
-You -do hereby acknowledge and agree that EVER CO. LTD's Services and any -essential software that may be used in connection with our Services -("Software") shall contain proprietary and confidential -material that is protected by applicable intellectual property rights -and other laws. Furthermore, you herein acknowledge and agree that -any Content which may be contained in any advertisements or -information presented by and through our Services or by advertisers -is protected by copyrights, trademarks, patents or other proprietary -rights and laws. Therefore, except for that which is expressly -permitted by applicable law or as authorized by EVER CO. LTD or such -applicable licensor, you agree not to alter, modify, lease, rent, -loan, sell, distribute, transmit, broadcast, publicly perform and/or -created any plagiaristic works which are based on EVER CO. LTD -Services (e.g. Content or Software), in whole or part.
-EVER -CO. LTD herein has granted you personal, non-transferable and -non-exclusive rights and/or license to make use of the object code or -our Software on a single computer or mobile device, as long as you do -not, and shall not, allow any third party to duplicate, alter, -modify, create or plagiarize work from, reverse engineer, reverse -assemble or otherwise make an attempt to locate or discern any source -code, sell, assign, sublicense, grant a security interest in and/or -otherwise transfer any such right in the Software. Furthermore, you -do herein agree not to alter or change the Software in any manner, -nature or form, and as such, not to use any modified versions of the -Software, including and without limitation, for the purpose of -obtaining unauthorized access to our Services. Lastly, you also agree -not to access or attempt to access our Services through any means -other than through the interface which is provided by EVER CO. LTD -for use in accessing our Services.
-WARRANTY -DISCLAIMERS
-YOU -HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
-a) THE -USE OF EVER CO. LTD SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY -YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" -AND/OR "AS AVAILABLE" BASIS. EVER CO. LTD AND OUR -SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND -LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND -WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY -IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A -PARTICULAR PURPOSE AND NON-INFRINGEMENT.
-b) EVER -CO. LTD AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS -AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) EVER CO. LTD SERVICES -OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) EVER CO. LTD SERVICES -OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; -(iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE -EVER CO. LTD SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) -QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL -WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR -SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS -CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
-c) ANY -INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF -EVER CO. LTD SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE -DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE -FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH -RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, -DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD -RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
-d) NO -ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY -BE OBTAINED BY YOU FROM EVER CO. LTD OR BY WAY OF OR FROM OUR -SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED -IN THE TOS.
-e) A -SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF -EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR -BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER OR MOBILE DEVICE -SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A -PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS -WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD -YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC -CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE -FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED -VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, -ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
-LIMITATION -OF LIABILITY
-YOU -EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT EVER CO. LTD AND -OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS -AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, -INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, -BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY -PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN -THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES -MAY OCCUR, AND RESULT FROM:
-a) THE -USE OR INABILITY TO USE OUR SERVICE; -
-b) THE -COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
-c) UNAUTHORIZED -ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; -
-d) STATEMENTS -OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; -
-e) AND -ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
-RELEASE
-In -the event you have a dispute, you agree to release EVER CO. LTD (and -its officers, directors, employees, agents, parent subsidiaries, -affiliates, co-branders, partners and any other third parties) from -claims, demands and damages (actual and consequential) of every kind -and nature, known and unknown, suspected or unsuspected, disclosed -and undisclosed, arising out of or in any way connected to such -dispute.
-SPECIAL -ADMONITION RELATED TO FINANCIAL MATTERS
-Should -you intend to create or to join any service, receive or request any -such news, messages, alerts or other information from our Services -concerning companies, stock quotes, investments or securities, please -review the above Sections Warranty Disclaimers and Limitations of -Liability again. In addition, for this particular type of -information, the phrase "Let the investor beware" is -appropriate. EVER CO. LTD's content is provided primarily for -informational purposes, and no content that shall be provided or -included in our Services is intended for trading or investing -purposes. EVER CO. LTD and our licensors shall not be responsible or -liable for the accuracy, usefulness or availability of any -information transmitted and/or made available by way of our Services, -and shall not be responsible or liable for any trading and/or -investment decisions based on any such information.
-EXCLUSION -AND LIMITATIONS
-THERE -ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN -WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL -OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF -SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT -APPLY TO YOU.
-THIRD -PARTY BENEFICIARIES
-You -herein acknowledge, understand and agree, unless otherwise expressly -provided in this TOS, that there shall be no third-party -beneficiaries to this agreement.
-NOTICE
-EVER -CO. LTD may furnish you with notices, including those with regards to -any changes to the TOS, including but not limited to email, regular -mail, MMS or SMS, text messaging, postings on our website Services, -or other reasonable means currently known or any which may be herein -after developed. Any such notices may not be received if you violate -any aspects of the TOS by accessing our Services in an unauthorized -manner. Your acceptance of this TOS constitutes your agreement that -you are deemed to have received any and all notices that would have -been delivered had you accessed our Services in an authorized manner.
-You -may receive text messages (SMS / MMS / Push Notifications) from or on -behalf of EVER as a part of the EVER Services at the cell phone -number(s) provided by you to EVER, and you consent to receiving such -text messages.
-TRADEMARK -INFORMATION
-You -herein acknowledge, understand and agree that all of the EVER CO. LTD -trademarks, copyright, trade name, service marks, and other EVER CO. -LTD logos and any brand features, and/or product and service names -are trademarks and as such, are and shall remain the property of EVER -CO. LTD. You herein agree not to display and/or use in any manner the -EVER CO. LTD logo or marks without obtaining EVER CO. LTD's prior -written consent.
-COPYRIGHT -OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
-EVER -CO. LTD will always respect the intellectual property of others, and -we ask that all of our users do the same. With regards to appropriate -circumstances and at its sole discretion, EVER CO. LTD may disable -and/or terminate the accounts of any user who violates our TOS and/or -infringes the rights of others. If you feel that your work has been -duplicated in such a way that would constitute copyright -infringement, or if you believe your intellectual property rights -have been otherwise violated, you should provide to us the following -information:
-a) The -electronic or the physical signature of the individual that is -authorized on behalf of the owner of the copyright or other -intellectual property interest;
-b) A -description of the copyrighted work or other intellectual property -that you believe has been infringed upon;
-c) A -description of the location of the site which you allege has been -infringing upon your work;
-d) Your -physical address, telephone number, and email address;
-e) A -statement, in which you state that the alleged and disputed use of -your work is not authorized by the copyright owner, its agents or the -law;
-f) And -finally, a statement, made under penalty of perjury, that the -aforementioned information in your notice is truthful and accurate, -and that you are the copyright or intellectual property owner, -representative or agent authorized to act on the copyright or -intellectual property owner's behalf.
-The -EVER CO. LTD Agent for notice of claims of copyright or other -intellectual property infringement can be contacted as follows:
-Mailing -Address:
-EVER -CO. LTD -
-Attn: -Copyright Agent
-HaAtsmaut -38/3
-Ashdod -77452,
-Israel
-Email: - ever@ever.co
-CLOSED -CAPTIONING
-BE -IT KNOWN, that EVER CO. LTD complies with all applicable Federal -Communications Commission rules and regulations regarding the closed -captioning of video content. For more information, please visit our -website at ever.co.
-GENERAL -INFORMATION
-ENTIRE -AGREEMENT -
-This -TOS constitutes the entire agreement between you and EVER CO. LTD and -shall govern the use of our Services, superseding any prior version -of this TOS between you and us with respect to EVER CO. LTD Services. -You may also be subject to additional terms and conditions that may -apply when you use or purchase certain other EVER CO. LTD Services, -affiliate Services, third-party content or third-party software.
-CHOICE -OF LAW AND FORUM
-It -is at the mutual agreement of both you and EVER CO. LTD with regard -to the TOS that the relationship between the parties shall be -governed by the laws of Israel without regard to its conflict of law -provisions and that any and all claims, causes of action and/or -disputes, arising out of or relating to the TOS, or the relationship -between you and EVER CO. LTD, shall be filed within the courts having -jurisdiction within the Israel. You and EVER CO. LTD agree to submit -to the jurisdiction of the courts as previously mentioned, and agree -to waive any and all objections to the exercise of jurisdiction over -the parties by such courts and to venue in such courts.
-WAIVER -AND SEVERABILITY OF TERMS
-At -any time, should EVER CO. LTD fail to exercise or enforce any right -or provision of the TOS, such failure shall not constitute a waiver -of such right or provision. If any provision of this TOS is found by -a court of competent jurisdiction to be invalid, the parties -nevertheless agree that the court should endeavor to give effect to -the parties' intentions as reflected in the provision, and the other -provisions of the TOS remain in full force and effect.
-NO -RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
-You -acknowledge, understand and agree that your account is -non-transferable and any rights to your ID and/or contents within -your account shall terminate upon your death. Upon receipt of a copy -of a death certificate, your account may be terminated and all -contents therein permanently deleted.
-STATUTE -OF LIMITATIONS
-You -acknowledge, understand and agree that regardless of any statute or -law to the contrary, any claim or action arising out of or related to -the use of our Services or the TOS must be filed within 1 year(s) -after said claim or cause of action arose or shall be forever barred.
-VIOLATIONS
-Please -report any and all violations of this TOS to EVER CO. LTD as follows:
-Mailing -Address:
-EVER -CO. LTD
-HaAtsmaut -38/3
-Ashdod -77452,
-Israel
-Email: - ever@ever.co
-CHANGES
-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 (change this) 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 Service after those revisions become -effective, you agree to be bound by the revised terms.
-If -you do not agree to the new terms, please stop using the Service
-CONTACT -US
-If -you have any questions about these Terms, please contact us:
-Mailing -Address:
-EVER -CO. LTD
-HaAtsmaut -38/3
-Ashdod -77452,
-Israel
-Email: - ever@ever.co
-
-
-
DIGITAL -MILLENNIUM COPYRIGHT ACT (DMCA) INFRINGEMENT NOTICE AND POLICY
-Notifications
-If -you believe that content available on or through the EVER Apps and / -or Website infringes one or more of your copyrights, please -immediately notify our Copyright Agent by mail, email or faxed notice -(“Notification”) providing the information described below, which -Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of -your Notification will be sent to the person who posted or stored the -material addressed in the Notification. Please be advised that -pursuant to federal law you may be held liable for damages if you -make material misrepresentations in a Notification. Thus, if you are -not sure that content located on or linked to by the Apps and / or -Website infringes your copyright, you should consider first -contacting an attorney. Company has a policy of terminating repeat -infringers in appropriate circumstances.
-All -Notifications should include the following:
-A -physical or electronic signature of a person authorized to act on -behalf of the owner of an exclusive right that is allegedly -infringed.
-Identification -of the copyrighted work claimed to have been infringed, or, if -multiple copyrighted works at a single online website are covered by -a single notification, a representative list of such works at that -website.
-Identification -of the material that is claimed to be infringing or to be the subject -of infringing activity and that is to be removed or access to which -is to be disabled, and information reasonably sufficient to permit -Company to locate the material.
-Information -reasonably sufficient to permit the Company to contact the -complaining party, such as an address, telephone number, and, if -available, an electronic mail address at which the complaining party -may be contacted.
-A -statement that the complaining party has a good faith belief that use -of the material in the manner complained of is not authorized by the -copyright owner, its agent, or the law.
-A -statement that the information in the notification is accurate, and -under penalty of perjury, that the complaining party is authorized to -act on behalf of the owner of an exclusive right that is allegedly -infringed.
-Notifications -should be sent to our Copyright Agent as follows:
-Copyright -Agent
-EVER -CO. LTD
-HaAtsmaut -38/3
-Ashdod -77452,
-Israel
-Email: - dmca@ever.co
-
-
Thank +you for your interest in the Ever application for your mobile device +(the "App") provided to you by EVER CO. LTD ("EVER" +"us" or "we"), and our web site at Ever.co (the +"Site"), as well as all related web sites, networks, +downloadable software, and other services provided by us and on which +a link to this Terms of Service is displayed (collectively, together +with the Apps and Site, our "Service").
+PLEASE +READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. +
+These +Terms of Service (these "Terms", “Agreement”, “Terms +of Service”, "TOS"), including the Privacy Policy +incorporated into these Terms by reference and any other applicable +policies and guidelines, as may be updated from time to time, govern +your use of the Service. These Terms constitute a legal agreement +between you and EVER. In order to use the Service you must agree to +these Terms. +
+BY +DOWNLOADING, INSTALLING, OR OTHERWISE BY ACCESSING OR USING OUR +SITES, MOBILE APPLICATIONS AND OUR SERVICES, YOU HEREBY AGREE THAT +YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE TO BE BOUND BY THE TERMS +AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. +
+IT +IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE +CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE +THIS SITE OR OUR MOBILE APPS.
+IF +YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN +PLEASE DO NOT ACCESS OR USE OUR SITES, MOBILE APPS OR OUR SERVICES.
+THIS +TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11/06/2016.
+ACCEPTANCE +OF TERMS
+The +following Terms of Service Agreement is a legally binding agreement +that shall govern the relationship with our users and others which +may interact or interface with EVER CO. LTD, also known as EVER, +located at HaAtsmaut 38/3, Ashdod 77452, Israel and our subsidiaries +and affiliates, in association with the use of the EVER website and +mobile apps, which includes Ever.co, (the "Site") and its +Services, EVER Applications (the “Apps”) and its Services.
+Your +use of the EVER Services may be subject to separate third party terms +of service and fees, including without limitation your mobile network +operator’s terms of service and fees, including fees charged for +data usage, messaging and overage, which are your sole +responsibility.
+DESCRIPTION +OF SERVICES OFFERED
+EVER +provides a mobile apps and web-based technology platform (the +"Platform", "Marketplace") that connects +consumers (the "Customers"), retail stores, and restaurants +(together referenced as "Merchants"), with third party +independent contractors and third party independent contractors under +agreement with EVER and certain of EVER's affiliates (together +referenced as "Couriers"). The Platform provides order +placement services for Customers and allows them to view, discuss, +and place orders for food, beverages and goods, and pick-up and / or +delivery services in connection therewith, with Merchants and +Restaurants. The platform allows Carriers to facilitate on-demand +same day delivery services for food, merchandise, goods and +beverages. +
+Through +the Platform consumers may request that food, merchandise, goods or +beverages, be delivered to them from particular retail locations, +stores or restaurants (Merchants). Couriers can access the Platform +and receive delivery opportunities. +
+EVER +IS NOT A RETAIL STORE, MERCHANT OF FOOD OR BEVERAGES, RESTAURANT, +FOOD PICKUP AND / OR DELIVERY SERVICE, MERCHANDISE DELIVERY SERVICE, +OR FOOD PREPARATION ENTITY. YOU ACKNOWLEDGE THAT EVER DOES NOT +PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A +TRANSPORTATION CARRIER AND EVER DOES NOT PROVIDE DELIVERY SERVICES +AND DOES NOT CONTROL THE RESTAURANTS OR THE PRODUCTION OF ANY FOOD OR +BEVERAGES, OR ANY PICK-UP OR DELIVERY SERVICES THEREWITH. INDEPENDENT +CONTRACTORS (EACH A "COURIER") OFFER DELIVERY SERVICES +THROUGH USE OF THE SERVICE. EVER OFFERS INFORMATION AND A METHOD TO +OBTAIN COURIER SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE +COURIER SERVICES OR ACT IN ANY WAY AS A COURIER, AND HAS NO +RESPONSIBILITY OR LIABILITY FOR ANY COURIER.
+The +Merchants available through our Services operate indepenently of the +EVER. The EVER will not assess the suitability, legality or ability +of any Carrier or Merchant. The EVER is not responsible for the +Merchants food preparation or safety and does not verify their +compliance with applicable laws or regulations. The EVER has no +responsibility or liability for acts by any third-party Merchant or +Carrier, other than as stated herein. EVER, including the Website, +Apps and the EVER Services, does not in any way independently verify +the credentials or representations of any of the Restaurants, the +ingredients or the quality of any their products or services, or any +Restaurant’s compliance with applicable laws.
+Customers +using the EVER Services must make themselves comfortable through the +information provided by the Restaurants on the Platform, by +contacting the Restaurants directly, or through such other means or +methods as they may deem appropriate, as to the quality and +reliability and quality of the Restaurants and the Restaurants’ +compliance with applicable laws. The EVER, including the Website, +Apps and the EVER Services, does not in any way guarantee the quality +of any Restaurant or any food or beverage, or any pickup- up or +delivery service in connection therewith, or any compliance thereof +with applicable laws. In addition, a Restaurant may represent certain +standards with respect to their food preparation (or other services), +such as “organic,” “kosher,” “macrobiotic” or allergen- +specific standards such as “nut-free,” “gluten-free,” or +“lactose-free”; EVER does not investigate or verify any such +representations. EVER shall not be liable or responsible for any food +or beverages, or any other services, offered by the Restaurants or +any errors or misrepresentations made by them (including on the +Website, Apps and through the EVER Services).
+Unless +otherwise agreed by EVER in a separate written agreement with you, +the Services are made available solely for your personal, +noncommercial use. +
+As +provided in greater detail in these Terms, you agree and acknowledge +these material Terms:
+- +The App is licensed, not sold to you, and you may use the Service +only as set forth in these Terms;
+- +Your use of the Service may be subject to separate third party terms +of service and fees, including without limitation your mobile network +operator’s ("Carrier") terms of service and fees, +including fees charged for data usage and overage, which are your +sole responsibility;
+- +You consent to the collection, sharing, and use of your personally +identifiable information in accordance with EVER Privacy Policy;
+- +The Service is provided "as is" without warranties of any +kind, and EVER liability to you is limited; +
+SCOPE +OF APPS LICENSE
+Our +Apps are licensed, not sold, to you for use only under the terms of +this license. EVER reserves all rights not expressly granted to you. +Subject to your complete and ongoing compliance with these Terms, +EVER hereby grants you a personal, limited, revocable, +non-transferable license to use our Apps on compatible devices that +you own or control, solely for your non-commercial use.
+You +may not modify, alter, reproduce, distribute or make the Apps +available over a network where it could be used by multiple devices +at the same time. You may not rent, lease, lend, sell, redistribute +or sublicense the Apps. If you breach these license restrictions, or +otherwise exceed the scope of the license granted in these Terms, you +may be subject to prosecution and legal damages, as well as liability +for infringement of intellectual property rights. These Terms will +govern any updates provided to you by EVER that replace and/or +supplement the original Apps, unless the upgrade is accompanied by a +separate license in which case the terms of that license will govern.
+ACCOUNT +ACCESS
+You +must be at least eighteen (18) years old to use the Service. By +agreeing to these Terms, you represent and warrant to us:
+- +That you are at least eighteen (18) years old;
+- +That you have not previously been suspended or removed from the +Service; and
+- +That your registration and your use of the Service is in compliance +with any and all applicable laws and regulations.
+If +you are using the Service on behalf of an entity, organization, or +company, you represent and warrant that you have the authority to +bind that organization to these Terms and you agree to be bound by +these Terms on behalf of that organization.
+ACCOUNTS +AND REGISTRATION
+Any +and all visitors to our site and users of our apps, despite whether +they are registered or not, shall be deemed as "users" of +the herein contained Services provided for the purpose of this TOS.
+Once +an individual register's for our Services, through the process of +creating an account, the user shall then be considered a "member."
+To +register and become a "member" of the Site or Apps, you +must be at least 18 years of age to enter into and form a legally +binding contract. In addition, you must be in good standing and not +an individual that has been previously barred from receiving EVER's +Services under the laws and statutes of the Israel, United States or +other applicable jurisdiction.
+When +you register, EVER may collect information such as your first and +last name, e-mail address, birth date, gender, mailing address, +occupation, industry and personal interests. +
+You +can edit your account information at any time. Once you register with +EVER and sign in to our Services, you are no longer anonymous to us.
+Furthermore, +the registering party hereby acknowledges, understands and agrees to:
+a) furnish +factual, correct, current and complete information with regards to +yourself as may be requested by the data registration process, and
+b) maintain +and promptly update your registration and profile information in an +effort to maintain accuracy and completeness at all times.
+If +anyone knowingly provides any information of a false, untrue, +inaccurate or incomplete nature, EVER CO. LTD will have sufficient +grounds and rights to suspend or terminate the member in violation of +this aspect of the Agreement, and as such refuse any and all current +or future use of EVER CO. LTD Services, or any portion thereof. +
+The +user and/or member acknowledges and agrees that the Services provided +and made available through our website and applications, which may +include some mobile applications and that those applications may be +made available on various social media networking sites and numerous +other platforms and downloadable programs, are the sole property of +EVER CO. LTD. At its discretion, EVER CO. LTD may offer additional +website Services and/or products, or update, modify or revise any +current content and Services, and this Agreement shall apply to any +and all additional Services and/or products and any and all updated, +modified or revised Services unless otherwise stipulated. EVER CO. +LTD does hereby reserve the right to cancel and cease offering any of +the aforementioned Services and/or products. You, as the end user +and/or member, acknowledge, accept and agree that EVER CO. LTD shall +not be held liable for any such updates, modifications, revisions, +suspensions or discontinuance of any of our Services and/or products. +Your continued use of the Services provided, after such posting of +any updates, changes, and/or modifications shall constitute your +acceptance of such updates, changes and/or modifications, and as +such, frequent review of this Agreement and any and all applicable +terms and policies should be made by you to ensure you are aware of +all terms and policies currently in effect. Should you not agree to +the updated, revised or modified terms, you must stop using the +provided Services forthwith.
+Furthermore, +the user and/or member understands, acknowledges and agrees that the +Services offered shall be provided "AS IS" and as such EVER +CO. LTD shall not assume any responsibility or obligation for the +timeliness, missed delivery, deletion and/or any failure to store +user content, communication or personalization settings. +
+PURCHASES
+If +you wish to purchase any product, food or service made available +through the Service ("Purchase"), you may be asked to +supply certain information relevant to your Purchase including, +without limitation, your first and last name, birth date, gender, +credit card information, physical and mailing addresses, e-mail +address and phone number or other contact information.
+When +you place an order through the Apps, WebSite and EVER Services, you +will be given a choice of payment options, which may include via +Apple Pay, Credit Card, PayPal®, Android Pay, and direct payment to +the applicable Merchant or Restaurant. If you pay for your purchase +via Apple Pay, Credit Card, PayPal, or Android Pay, we will ask for a +valid Apple Pay account, Credit Card, PayPal account, or Android Pay +account, as applicable, which will be billed through the EVER +Services, for the purchase price of the applicable order, and “EVER +CO. LTD” or your name will be the name that appears on the Apple +Pay, Credit Card, PayPal, or Android Pay statement, as applicable. As +stated above, however, EVER, including the Apps, Website and the EVER +Services, is not and shall not in any manner be considered the seller +of any of the food, beverages, and services ordered.
+PRICES
+You +understand that: (a) the prices for food and goods displayed through +the Services may differ from the prices offered or published by +Merchants for the same menu items, food or goods and/or from prices +available at other third-party websites and that such prices may not +be the lowest prices at which the items are sold; (b) the Company has +no obligation to itemize its costs, profits or margins when +publishing such prices; and (c) the Company reserves the right to +change such prices at any time, at its discretion. You are liable for +all transaction taxes on the Services provided under this Agreement +(other than taxes based on the Company’s income). Payment will be +processed by the Company, using the preferred payment method +designated in your account.
+GENERAL +PAYMENT TERMS
+Certain +features of the Service, including the placing of orders using the +Service, may require you to pay fees. Before you pay any fees, you +will have an opportunity to review and accept an estimate of the fees +that you will be charged. All fees are non-refundable. This no refund +policy applies at all times regardless of your decision to terminate +your usage, our decision to terminate your usage and any disruption +caused to our Service for any reason whatsoever.
+EVER, +at its sole discretion, may offer credits or refunds on a +case-by-case basis; all credit and/or refund requests must be made +within fifteen (15) days after the delivery was completed. EVER may +change the delivery or other fees for any feature of the Service, +including by adding fees, on a going-forward basis at any time.
+EVER +will charge the payment method you specify at the time of purchase or +as otherwise specified by you in your account information. EVER +reserves the right to determine final prevailing pricing. (Please +note the pricing information published on the website may not reflect +the prevailing pricing.) EVER, at its sole discretion, may make +promotional offers with different features and different rates to any +of our customers. These promotional offers, unless made to you, shall +have no bearing whatsoever on your offer or contract. We may change +the fees for the Service at any time as we deem necessary for our +business. +
+PAYMENT +AUTHORIZATION
+You +authorize EVER to charge all sums for orders that you make and +services you select to the payment method specified in your account. +When you order on EVER, a temporary pre-authorization hold might be +placed on your payment card to verify that the card is valid and has +credit available for your intended purchase. Once your order is +complete, you will be charged the final order total and the +pre-authorization hold will be lifted within 24-72 business hours, +depending on your bank. The pre-authorization hold remains even if an +order is canceled by a customer or by EVER and may remain on your +card for up to 5 business days.
+EVER +also may place an initial temporary pre-authorization hold on each +new payment method you add to your account.
+PAYMENT +WHEN CUSTOMER NOT AVAILABLE
+EVER +reserves the right to charge a customer the full order amount if that +customer is not at the designated delivery location when the courier +arrives to complete the delivery.
+PRIVACY +POLICY
+Every +member's registration data and various other personal information are +strictly protected by the EVER CO. LTD Online Privacy Policy (see the +full Privacy Policy at https://ever.co/privacy/site.html). +As a member, you herein consent to the collection and use of the +information provided, including the transfer of information within +the United States, Israel and/or other countries for storage, +processing or use by EVER CO. LTD and/or our subsidiaries and +affiliates. +
+MEMBER +ACCOUNT, USERNAME, PASSWORD AND SECURITY
+When +you register, you will be asked to provide a password. You are solely +responsible for maintaining the confidentiality of your account and +password, and any password for Facebook, Google, or other third party +login. You accept responsibility for all activities that occur under +your account. If you have reason to believe that your account is no +longer secure, you must immediately notify us by our sending email to +security@ever.co
+When +you set up an account, you are the sole authorized user of your +account. You shall be responsible for maintaining the secrecy and +confidentiality of your password and for all activities that +transpire on or within your account. It is your responsibility for +any act or omission of any user(s) that access your account +information that, if undertaken by you, would be deemed a violation +of the TOS. It shall be your responsibility to notify EVER CO. LTD +immediately if you notice any unauthorized access or use of your +account or password or any other breach of security. EVER CO. LTD +shall not be held liable for any loss and/or damage arising from any +failure to comply with this term and/or condition of the TOS. +
+CONDUCT
+As +a user or member of the Site or Apps, you herein acknowledge, +understand and agree that all information, text, software, data, +photographs, music, video, messages, tags or any other content, +whether it is publicly or privately posted and/or transmitted, is the +expressed sole responsibility of the individual from whom the content +originated. In short, this means that you are solely responsible for +any and all content posted, uploaded, emailed, transmitted or +otherwise made available by way of the EVER Services, and as such, we +do not guarantee the accuracy, integrity or quality of such content. +It is expressly understood that by use of our Services, you may be +exposed to content including, but not limited to, any errors or +omissions in any content posted, and/or any loss or damage of any +kind incurred as a result of the use of any content posted, emailed, +transmitted or otherwise made available by EVER. +
+Furthermore, +you herein agree not to make use of EVER CO. LTD's Services for the +purpose of:
+a) uploading, +posting, emailing, transmitting, or otherwise making available any +content that shall be deemed unlawful, harmful, threatening, abusive, +harassing, tortious, defamatory, vulgar, obscene, libelous, or +invasive of another's privacy or which is hateful, and/or racially, +ethnically, or otherwise objectionable;
+b) causing +harm to minors in any manner whatsoever;
+c) impersonating +any individual or entity, including, but not limited to, any EVER +officials, forum leaders, guides or hosts or falsely stating or +otherwise misrepresenting any affiliation with an individual or +entity;
+d) forging +captions, headings or titles or otherwise offering any content that +you personally have no right to pursuant to any law nor having any +contractual or fiduciary relationship with;
+e) uploading, +posting, emailing, transmitting or otherwise offering any such +content that may infringe upon any patent, copyright, trademark, or +any other proprietary or intellectual rights of any other party;
+f) uploading, +posting, emailing, transmitting or otherwise offering any content +that you do not personally have any right to offer pursuant to any +law or in accordance with any contractual or fiduciary relationship;
+g) uploading, +posting, emailing, transmitting, or otherwise offering any +unsolicited or unauthorized advertising, promotional flyers, "junk +mail," "spam," or any other form of solicitation, +except in any such areas that may have been designated for such +purpose;
+h) uploading, +posting, emailing, transmitting, or otherwise offering any source +that may contain a software virus or other computer code, any files +and/or programs which have been designed to interfere, destroy and/or +limit the operation of any computer software, hardware, or +telecommunication equipment;
+i) disrupting +the normal flow of communication, or otherwise acting in any manner +that would negatively affect other users' ability to participate in +any real time interactions;
+j) interfering +with or disrupting any EVER CO. LTD Services, servers and/or networks +that may be connected or related to our website, including, but not +limited to, the use of any device software and/or routine to bypass +the robot exclusion headers;
+k) intentionally +or unintentionally violating any local, state, federal, national or +international law, including, but not limited to, rules, guidelines, +and/or regulations decreed by the U.S. Securities and Exchange +Commission, in addition to any rules of any nation or other +securities exchange, that would include without limitation, the New +York Stock Exchange, the American Stock Exchange, or the NASDAQ, and +any regulations having the force of law;
+l) providing +informational support or resources, concealing and/or disguising the +character, location, and or source to any organization delegated by +the United States government as a "foreign terrorist +organization" in accordance to Section 219 of the Immigration +Nationality Act;
+m) "stalking" +or with the intent to otherwise harass another individual; and/or +
+n) collecting +or storing of any personal data relating to any other member or user +in connection with the prohibited conduct and/or activities which +have been set forth in the aforementioned paragraphs.
+EVER +CO. LTD herein reserves the right to pre-screen, refuse and/or delete +any content currently available through our Services. In addition, we +reserve the right to remove and/or delete any such content that would +violate the TOS or which would otherwise be considered offensive to +other visitors, users and/or members.
+EVER +CO. LTD herein reserves the right to access, preserve and/or disclose +member account information and/or content if it is requested to do so +by law or in good faith belief that any such action is deemed +reasonably necessary for:
+a) compliance +with any legal process;
+b) enforcement +of the TOS;
+c) responding +to any claim that therein contained content is in violation of the +rights of any third party;
+d) responding +to requests for customer service; or
+e) protecting +the rights, property or the personal safety of EVER CO. LTD, its +visitors, users and members, including the general public.
+EVER +CO. LTD herein reserves the right to include the use of security +components that may permit digital information or material to be +protected, and that such use of information and/or material is +subject to usage guidelines and regulations established by EVER CO. +LTD or any other content providers supplying content services to EVER +CO. LTD. You are hereby prohibited from making any attempt to +override or circumvent any of the embedded usage rules in our +Services. Furthermore, unauthorized reproduction, publication, +distribution, or exhibition of any information or materials supplied +by our Services, despite whether done so in whole or in part, is +expressly prohibited.
+INTERSTATE +COMMUNICATION
+Upon +registration, you hereby acknowledge that by using Site and Apps to +send electronic communications, which would include, but are not +limited to, email, searches, instant messages, uploading of files, +photos and/or videos, you will be causing communications to be sent +through our computer network. Therefore, through your use, and thus +your agreement with this TOS, you are acknowledging that the use of +this Service shall result in interstate transmissions.
+CAUTIONS +FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
+Due +to the global nature of the internet, through the use of our network +you hereby agree to comply with all local rules relating to online +conduct and that which is considered acceptable Content. Uploading, +posting and/or transferring of software, technology and other +technical data may be subject to the export and import laws of the +United States and possibly other countries. Through the use of our +network, you thus agree to comply with all applicable export and +import laws, statutes and regulations, including, but not limited to, +the Export Administration Regulations +(http://www.access.gpo.gov/bis/ear/ear_data.html), +as well as the sanctions control program of the United States +(http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). +Furthermore, you state and pledge that you:
+a) are +not on the list of prohibited individuals which may be identified on +any government export exclusion report +(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) +nor a member of any other government which may be part of an +export-prohibited country identified in applicable export and import +laws and regulations;
+b) agree +not to transfer any software, technology or any other technical data +through the use of our network Services to any export-prohibited +country; +
+c) agree +not to use our website network Services for any military, nuclear, +missile, chemical or biological weaponry end uses that would be a +violation of the Israel, U.S. export laws; and
+d) agree +not to post, transfer nor upload any software, technology or any +other technical data which would be in violation of the Israel, U.S. +or other applicable export and/or import laws.
+CONTENT +PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
+EVER +CO. LTD shall not lay claim to ownership of any content submitted by +any visitor, member, or user, nor make such content available for +inclusion on our website Services. Therefore, you hereby grant and +allow for EVER CO. LTD the below listed worldwide, royalty-free and +non-exclusive licenses, as applicable:
+a) The +content submitted or made available for inclusion on the publicly +accessible areas of EVER CO. LTD's sites, the license provided to +permit to use, distribute, reproduce, modify, adapt, publicly perform +and/or publicly display said Content on our network Services is for +the sole purpose of providing and promoting the specific area to +which this content was placed and/or made available for viewing. This +license shall be available so long as you are a member of EVER CO. +LTD's sites, and shall terminate at such time when you elect to +discontinue your membership.
+b) Photos, +audio, video and/or graphics submitted or made available for +inclusion on the publicly accessible areas of EVER CO. LTD's sites, +the license provided to permit to use, distribute, reproduce, modify, +adapt, publicly perform and/or publicly display said Content on our +network Services are for the sole purpose of providing and promoting +the specific area in which this content was placed and/or made +available for viewing. This license shall be available so long as you +are a member of EVER CO. LTD's sites and shall terminate at such time +when you elect to discontinue your membership.
+c) For +any other content submitted or made available for inclusion on the +publicly accessible areas of EVER CO. LTD's sites, the continuous, +binding and completely sub-licensable license which is meant to +permit to use, distribute, reproduce, modify, adapt, publish, +translate, publicly perform and/or publicly display said content, +whether in whole or in part, and the incorporation of any such +Content into other works in any arrangement or medium current used or +later developed.
+Those +areas which may be deemed "publicly accessible" areas of +EVER CO. LTD's sites are those such areas of our network properties +which are meant to be available to the general public, and which +would include message boards and groups that are openly available to +both users and members. However, those areas which are not open to +the public, and thus available to members only, would include our +mail system and instant messaging.
+CONTRIBUTIONS +TO COMPANY WEBSITE
+EVER +CO. LTD provides an area for our users and members to contribute +feedback to our website. When you submit ideas, documents, +suggestions and/or proposals ("Contributions") to our site, +you acknowledge and agree that: +
+a) your +contributions do not contain any type of confidential or proprietary +information;
+b) EVER +shall not be liable or under any obligation to ensure or maintain +confidentiality, expressed or implied, related to any Contributions; +
+c) EVER +shall be entitled to make use of and/or disclose any such +Contributions in any such manner as they may see fit; +
+d) the +contributor's Contributions shall automatically become the sole +property of EVER; and
+e) EVER +is under no obligation to either compensate or provide any form of +reimbursement in any manner or nature.
+INDEMNITY
+All +users and/or members herein agree to insure and hold EVER CO. LTD, +our subsidiaries, affiliates, agents, employees, officers, partners +and/or licensors blameless or not liable for any claim or demand, +which may include, but is not limited to, reasonable attorney fees +made by any third party which may arise from any content a member or +user of our site may submit, post, modify, transmit or otherwise make +available through our Services, the use of EVER Services or your +connection with these Services, your violations of the Terms of +Service and/or your violation of any such rights of another person.
+COMMERCIAL +REUSE OF SERVICES
+The +member or user herein agrees not to replicate, duplicate, copy, +trade, sell, resell nor exploit for any commercial reason any part, +use of, or access to EVER's sites or Apps.
+USE +AND STORAGE GENERAL PRACTICES
+You +herein acknowledge that EVER CO. LTD may set up any such practices +and/or limits regarding the use of our Services, without limitation +of the maximum number of days that any email, message posting or any +other uploaded content shall be retained by EVER CO. LTD, nor the +maximum number of email messages that may be sent and/or received by +any member, the maximum volume or size of any email message that may +be sent from or may be received by an account on our Service, the +maximum disk space allowable that shall be allocated on EVER CO. +LTD's servers on the member's behalf, and/or the maximum number of +times and/or duration that any member may access our Services in a +given period of time. In addition, you also agree that EVER CO. LTD +has absolutely no responsibility or liability for the removal or +failure to maintain storage of any messages and/or other +communications or content maintained or transmitted by our Services. +You also herein acknowledge that we reserve the right to delete or +remove any account that is no longer active for an extended period of +time. Furthermore, EVER CO. LTD shall reserve the right to modify, +alter and/or update these general practices and limits at our +discretion.
+Any +messenger service, which may include any web-based versions, shall +allow you and the individuals with whom you communicate with the +ability to save your conversations in your account located on EVER +CO. LTD's servers. In this manner, you will be able to access and +search your message history from any computer with internet access. +You also acknowledge that others have the option to use and save +conversations with you in their own personal account on Ever.co. It +is your agreement to this TOS which establishes your consent to allow +EVER CO. LTD to store any and all communications on its servers.
+THIRD-PARTY +INTERACTIONS +
+1. +Third-Party Providers
+During +use of the Service, you may purchase goods and services from +third-party merchants through the Service. Any such activity, and any +disputes, terms, conditions, warranties or representations associated +with that activity, is solely between you and the applicable third +party. EVER and its licensors shall have no liability, obligation or +responsibility for any purchase or transaction between you and any +third-party provider. In no event shall EVER or its licensors be +responsible for any content, products, services or other materials on +or available from third-party sites or third-party providers. Certain +third-party providers of goods and/or services may require your +agreement to additional or different terms and conditions prior to +your use of or access to such goods or services, and EVER disclaims +any and all responsibility or liability arising from such agreements +between you and a third party.
+2. +Couriers
+You +may engage third-party Couriers through the Service to provide +delivery services to you and may interact with those Couriers. Any +interactions or disputes between you and a Courier are solely between +you and that Courier. EVER and its licensors shall have no liability, +obligation or responsibility for any interaction between you and any +Courier.
+3. +Third-Party Advertising
+The +Service may contain third-party advertising and marketing. By +agreeing to these Terms you agree to receive such advertising and +marketing.
+4. +App Stores
+You +acknowledge and agree that the availability of the EVER Apps 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 this Agreement is between you and the +EVER and not with the App Store. The EVER, not the App Store, is +solely responsible for the Software and the Services, including the +Applications and the Services, 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 +Applications, 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 +Application or the Services. You agree to comply with, and your +license to use the Applications 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 Applications. You +acknowledge that the App Store (and its subsidiaries) are intended +third-party beneficiaries of the Agreement and have the right to +enforce them.
+TRANSACTIONS +INVOLVING ALCOHOL +
+You +may have the option to request delivery of alcohol products in some +locations and from certain Merchants. If you receive your delivery in +the Israel or United States, you agree that you will only order +alcohol products if you are 21 years of age or older. If you receive +your delivery in another country, you agree that you will only order +alcohol products if you are of legal age to purchase alcohol products +in the relevant jurisdiction. You also agree that, upon delivery of +alcohol products, you will provide valid government-issued +identification proving your age to the Carrier delivering the alcohol +products and that the recipient will not be intoxicated when +receiving delivery of such products. If you order alcohol products, +you understand and acknowledge that neither the EVER nor the Carrier +can accept your order of alcohol products, and the order will only be +delivered if the Merchant accepts your order. The Carrier reserves +the right to refuse delivery if you are not 21 years of older, if you +cannot provide a valid government issued ID, if the name on your ID +does not match the name on your order, or you are visibly +intoxicated. If the Carrier is unable to complete the delivery of +alcohol products for one or more of these reasons, you are subject to +a full refund.
+MODIFICATIONS
+EVER +CO. LTD shall reserve the right at any time it may deem fit, to +modify, alter and or discontinue, whether temporarily or permanently, +our service, or any part thereof, with or without prior notice. In +addition, we shall not be held liable to you or to any third party +for any such alteration, modification, suspension and/or +discontinuance of our Services, or any part thereof.
+TERMINATION
+We +may terminate or suspend access to our Service immediately, without +prior notice or liability, for any reason whatsoever, including +without limitation if you breach the Terms.
+As +a member of Ever.co or Mobile Apps, you may cancel or terminate your +account, associated email address and/or access to our Services by +submitting a cancellation or termination request to ever@ever.co.
+As +a member, you agree that EVER CO. LTD may, without any prior written +notice, immediately suspend, terminate, discontinue and/or limit your +account, any email associated with your account, and access to any of +our Services.
+The +cause for such termination, discontinuance, suspension and/or +limitation of access shall include, but is not limited to:
+a) any +breach or violation of our TOS or any other incorporated agreement, +regulation and/or guideline;
+b) by +way of requests from law enforcement or any other governmental +agencies;
+c) the +discontinuance, alteration and/or material modification to our +Services, or any part thereof;
+d) unexpected +technical or security issues and/or problems;
+e) any +extended periods of inactivity;
+f) any +engagement by you in any fraudulent or illegal activities; and/or
+g) the +nonpayment of any associated fees that may be owed by you in +connection with your Ever.co and Apps account Services.
+Furthermore, +you herein agree that any and all terminations, suspensions, +discontinuances, and or limitations of access for cause shall be made +at our sole discretion and that we shall not be liable to you or any +other third party with regards to the termination of your account, +associated email address and/or access to any of our Services.
+The +termination of your account with Ever.co and Apps shall include any +and/or all of the following:
+a) the +removal of any access to all or part of the Services offered within +Ever.co and Apps;
+b) the +deletion of your password and any and all related information, files, +and any such content that may be associated with or inside your +account, or any part thereof; and
+c) the +barring of any further use of all or part of our Services.
+All +provisions of the Terms which by their nature should survive +termination shall survive termination, including, without limitation, +ownership provisions, warranty disclaimers, indemnity and limitations +of liability.
+ADVERTISER
+Any +correspondence or business dealings with, or the participation in any +promotions of, advertisers located on or through our Services, which +may include the payment and/or delivery of such related goods and/or +Services, and any such other term, condition, warranty and/or +representation associated with such dealings, are and shall be solely +between you and any such advertiser. Moreover, you herein agree that +EVER CO. LTD shall not be held responsible or liable for any loss or +damage of any nature or manner incurred as a direct result of any +such dealings or as a result of the presence of such advertisers on +our website.
+LINKS
+Either +EVER CO. LTD or any third parties may provide links to other websites +and/or resources. Thus, you acknowledge and agree that we are not +responsible for the availability of any such external sites or +resources, and as such, we do not endorse nor are we responsible or +liable for any content, products, advertising or any other materials, +on or available from such third party sites or resources. +Furthermore, you acknowledge and agree that EVER CO. LTD shall not be +responsible or liable, directly or indirectly, for any such damage or +loss which may be a result of, caused or allegedly to be caused by or +in connection with the use of or the reliance on any such content, +goods or Services made available on or through any such site or +resource.
+PROPRIETARY +RIGHTS
+You +do hereby acknowledge and agree that EVER CO. LTD's Services and any +essential software that may be used in connection with our Services +("Software") shall contain proprietary and confidential +material that is protected by applicable intellectual property rights +and other laws. Furthermore, you herein acknowledge and agree that +any Content which may be contained in any advertisements or +information presented by and through our Services or by advertisers +is protected by copyrights, trademarks, patents or other proprietary +rights and laws. Therefore, except for that which is expressly +permitted by applicable law or as authorized by EVER CO. LTD or such +applicable licensor, you agree not to alter, modify, lease, rent, +loan, sell, distribute, transmit, broadcast, publicly perform and/or +created any plagiaristic works which are based on EVER CO. LTD +Services (e.g. Content or Software), in whole or part.
+EVER +CO. LTD herein has granted you personal, non-transferable and +non-exclusive rights and/or license to make use of the object code or +our Software on a single computer or mobile device, as long as you do +not, and shall not, allow any third party to duplicate, alter, +modify, create or plagiarize work from, reverse engineer, reverse +assemble or otherwise make an attempt to locate or discern any source +code, sell, assign, sublicense, grant a security interest in and/or +otherwise transfer any such right in the Software. Furthermore, you +do herein agree not to alter or change the Software in any manner, +nature or form, and as such, not to use any modified versions of the +Software, including and without limitation, for the purpose of +obtaining unauthorized access to our Services. Lastly, you also agree +not to access or attempt to access our Services through any means +other than through the interface which is provided by EVER CO. LTD +for use in accessing our Services.
+WARRANTY +DISCLAIMERS
+YOU +HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
+a) THE +USE OF EVER CO. LTD SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY +YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" +AND/OR "AS AVAILABLE" BASIS. EVER CO. LTD AND OUR +SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND +LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND +WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY +IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A +PARTICULAR PURPOSE AND NON-INFRINGEMENT.
+b) EVER +CO. LTD AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS +AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) EVER CO. LTD SERVICES +OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) EVER CO. LTD SERVICES +OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; +(iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE +EVER CO. LTD SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) +QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL +WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR +SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS +CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
+c) ANY +INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF +EVER CO. LTD SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE +DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE +FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH +RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, +DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD +RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
+d) NO +ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY +BE OBTAINED BY YOU FROM EVER CO. LTD OR BY WAY OF OR FROM OUR +SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED +IN THE TOS.
+e) A +SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF +EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR +BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER OR MOBILE DEVICE +SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A +PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS +WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD +YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC +CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE +FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED +VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, +ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
+LIMITATION +OF LIABILITY
+YOU +EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT EVER CO. LTD AND +OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS +AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, +INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, +BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY +PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN +THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES +MAY OCCUR, AND RESULT FROM:
+a) THE +USE OR INABILITY TO USE OUR SERVICE; +
+b) THE +COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
+c) UNAUTHORIZED +ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; +
+d) STATEMENTS +OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; +
+e) AND +ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
+RELEASE
+In +the event you have a dispute, you agree to release EVER CO. LTD (and +its officers, directors, employees, agents, parent subsidiaries, +affiliates, co-branders, partners and any other third parties) from +claims, demands and damages (actual and consequential) of every kind +and nature, known and unknown, suspected or unsuspected, disclosed +and undisclosed, arising out of or in any way connected to such +dispute.
+SPECIAL +ADMONITION RELATED TO FINANCIAL MATTERS
+Should +you intend to create or to join any service, receive or request any +such news, messages, alerts or other information from our Services +concerning companies, stock quotes, investments or securities, please +review the above Sections Warranty Disclaimers and Limitations of +Liability again. In addition, for this particular type of +information, the phrase "Let the investor beware" is +appropriate. EVER CO. LTD's content is provided primarily for +informational purposes, and no content that shall be provided or +included in our Services is intended for trading or investing +purposes. EVER CO. LTD and our licensors shall not be responsible or +liable for the accuracy, usefulness or availability of any +information transmitted and/or made available by way of our Services, +and shall not be responsible or liable for any trading and/or +investment decisions based on any such information.
+EXCLUSION +AND LIMITATIONS
+THERE +ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN +WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL +OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF +SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT +APPLY TO YOU.
+THIRD +PARTY BENEFICIARIES
+You +herein acknowledge, understand and agree, unless otherwise expressly +provided in this TOS, that there shall be no third-party +beneficiaries to this agreement.
+NOTICE
+EVER +CO. LTD may furnish you with notices, including those with regards to +any changes to the TOS, including but not limited to email, regular +mail, MMS or SMS, text messaging, postings on our website Services, +or other reasonable means currently known or any which may be herein +after developed. Any such notices may not be received if you violate +any aspects of the TOS by accessing our Services in an unauthorized +manner. Your acceptance of this TOS constitutes your agreement that +you are deemed to have received any and all notices that would have +been delivered had you accessed our Services in an authorized manner.
+You +may receive text messages (SMS / MMS / Push Notifications) from or on +behalf of EVER as a part of the EVER Services at the cell phone +number(s) provided by you to EVER, and you consent to receiving such +text messages.
+TRADEMARK +INFORMATION
+You +herein acknowledge, understand and agree that all of the EVER CO. LTD +trademarks, copyright, trade name, service marks, and other EVER CO. +LTD logos and any brand features, and/or product and service names +are trademarks and as such, are and shall remain the property of EVER +CO. LTD. You herein agree not to display and/or use in any manner the +EVER CO. LTD logo or marks without obtaining EVER CO. LTD's prior +written consent.
+COPYRIGHT +OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
+EVER +CO. LTD will always respect the intellectual property of others, and +we ask that all of our users do the same. With regards to appropriate +circumstances and at its sole discretion, EVER CO. LTD may disable +and/or terminate the accounts of any user who violates our TOS and/or +infringes the rights of others. If you feel that your work has been +duplicated in such a way that would constitute copyright +infringement, or if you believe your intellectual property rights +have been otherwise violated, you should provide to us the following +information:
+a) The +electronic or the physical signature of the individual that is +authorized on behalf of the owner of the copyright or other +intellectual property interest;
+b) A +description of the copyrighted work or other intellectual property +that you believe has been infringed upon;
+c) A +description of the location of the site which you allege has been +infringing upon your work;
+d) Your +physical address, telephone number, and email address;
+e) A +statement, in which you state that the alleged and disputed use of +your work is not authorized by the copyright owner, its agents or the +law;
+f) And +finally, a statement, made under penalty of perjury, that the +aforementioned information in your notice is truthful and accurate, +and that you are the copyright or intellectual property owner, +representative or agent authorized to act on the copyright or +intellectual property owner's behalf.
+The +EVER CO. LTD Agent for notice of claims of copyright or other +intellectual property infringement can be contacted as follows:
+Mailing +Address:
+EVER +CO. LTD +
+Attn: +Copyright Agent
+HaAtsmaut +38/3
+Ashdod +77452,
+Israel
+Email: + ever@ever.co
+CLOSED +CAPTIONING
+BE +IT KNOWN, that EVER CO. LTD complies with all applicable Federal +Communications Commission rules and regulations regarding the closed +captioning of video content. For more information, please visit our +website at ever.co.
+GENERAL +INFORMATION
+ENTIRE +AGREEMENT +
+This +TOS constitutes the entire agreement between you and EVER CO. LTD and +shall govern the use of our Services, superseding any prior version +of this TOS between you and us with respect to EVER CO. LTD Services. +You may also be subject to additional terms and conditions that may +apply when you use or purchase certain other EVER CO. LTD Services, +affiliate Services, third-party content or third-party software.
+CHOICE +OF LAW AND FORUM
+It +is at the mutual agreement of both you and EVER CO. LTD with regard +to the TOS that the relationship between the parties shall be +governed by the laws of Israel without regard to its conflict of law +provisions and that any and all claims, causes of action and/or +disputes, arising out of or relating to the TOS, or the relationship +between you and EVER CO. LTD, shall be filed within the courts having +jurisdiction within the Israel. You and EVER CO. LTD agree to submit +to the jurisdiction of the courts as previously mentioned, and agree +to waive any and all objections to the exercise of jurisdiction over +the parties by such courts and to venue in such courts.
+WAIVER +AND SEVERABILITY OF TERMS
+At +any time, should EVER CO. LTD fail to exercise or enforce any right +or provision of the TOS, such failure shall not constitute a waiver +of such right or provision. If any provision of this TOS is found by +a court of competent jurisdiction to be invalid, the parties +nevertheless agree that the court should endeavor to give effect to +the parties' intentions as reflected in the provision, and the other +provisions of the TOS remain in full force and effect.
+NO +RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
+You +acknowledge, understand and agree that your account is +non-transferable and any rights to your ID and/or contents within +your account shall terminate upon your death. Upon receipt of a copy +of a death certificate, your account may be terminated and all +contents therein permanently deleted.
+STATUTE +OF LIMITATIONS
+You +acknowledge, understand and agree that regardless of any statute or +law to the contrary, any claim or action arising out of or related to +the use of our Services or the TOS must be filed within 1 year(s) +after said claim or cause of action arose or shall be forever barred.
+VIOLATIONS
+Please +report any and all violations of this TOS to EVER CO. LTD as follows:
+Mailing +Address:
+EVER +CO. LTD
+HaAtsmaut +38/3
+Ashdod +77452,
+Israel
+Email: + ever@ever.co
+CHANGES
+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 (change this) 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 Service after those revisions become +effective, you agree to be bound by the revised terms.
+If +you do not agree to the new terms, please stop using the Service
+CONTACT +US
+If +you have any questions about these Terms, please contact us:
+Mailing +Address:
+EVER +CO. LTD
+HaAtsmaut +38/3
+Ashdod +77452,
+Israel
+Email: + ever@ever.co
+
+
+
DIGITAL +MILLENNIUM COPYRIGHT ACT (DMCA) INFRINGEMENT NOTICE AND POLICY
+Notifications
+If +you believe that content available on or through the EVER Apps and / +or Website infringes one or more of your copyrights, please +immediately notify our Copyright Agent by mail, email or faxed notice +(“Notification”) providing the information described below, which +Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of +your Notification will be sent to the person who posted or stored the +material addressed in the Notification. Please be advised that +pursuant to federal law you may be held liable for damages if you +make material misrepresentations in a Notification. Thus, if you are +not sure that content located on or linked to by the Apps and / or +Website infringes your copyright, you should consider first +contacting an attorney. Company has a policy of terminating repeat +infringers in appropriate circumstances.
+All +Notifications should include the following:
+A +physical or electronic signature of a person authorized to act on +behalf of the owner of an exclusive right that is allegedly +infringed.
+Identification +of the copyrighted work claimed to have been infringed, or, if +multiple copyrighted works at a single online website are covered by +a single notification, a representative list of such works at that +website.
+Identification +of the material that is claimed to be infringing or to be the subject +of infringing activity and that is to be removed or access to which +is to be disabled, and information reasonably sufficient to permit +Company to locate the material.
+Information +reasonably sufficient to permit the Company to contact the +complaining party, such as an address, telephone number, and, if +available, an electronic mail address at which the complaining party +may be contacted.
+A +statement that the complaining party has a good faith belief that use +of the material in the manner complained of is not authorized by the +copyright owner, its agent, or the law.
+A +statement that the information in the notification is accurate, and +under penalty of perjury, that the complaining party is authorized to +act on behalf of the owner of an exclusive right that is allegedly +infringed.
+Notifications +should be sent to our Copyright Agent as follows:
+Copyright +Agent
+EVER +CO. LTD
+HaAtsmaut +38/3
+Ashdod +77452,
+Israel
+Email: + dmca@ever.co
+
+