EVERWELL Website Terms of Use

Acceptance of this Agreement

Welcome to Everwell! You’re reading our terms and conditions—for that, you deserve a high five!

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The following terms of use agreement, (this “Agreement”) are entered into by and between you and The Everwell Community, LLC (d/b/a ‘Everwell’) (“Everwell”, “we“, “us” or “our“). This Agreement govern your access to and use of our website, www.theeverwell.com (the “Website”), and your use of our application (“App”, collectively and together with the Website, the “Services”).

By accessing, browsing or otherwise using the Services,  you accept and agree to be bound by this Agreement. This Agreement may be modified at any time by the Everwell upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.everwell.com

Privacy Policy

Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at www.theeverwell.com/privacy (the “Privacy Policy”).

Access to Services

The Services intended for adults only. The Services are not intended for any person under the age of 21.

Terminations

Everwell may terminate this Agreement at any time, with or without notice, for any reason.

Membership

To become a member of Everwell, you must apply through our Website. If you purchase a membership from the Website, the terms of sale are governed by the Membership Terms and Conditions.

The Website’s payment page is run by Stripe, a third party payment service provider. The information provided to Stripe is governed by Stripe’s Services Agreement. Everwell is not responsible for the performance of Stripe. You must provide your payment information you provide at the time of purchase on the Website

Stripe may receive and implement updated credit card information from your credit card issuer to ensure your membership does not lapse due to an outdated or invalid card.

This updated credit card information is provided to Stripe at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of any renewal and you should contact your credit card issuer. You agree not to hold Everwell responsible for credit card charges incurred due to payments on your account.

Use of the Services; Restrictions on Use

Everwell grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Everwell and Everwell may terminate your use of this website at any time.

Ownership.

All content included on this site is and shall continue to be the property of Everwell or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website or App is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website or App. To inquire about obtaining authorization to use the materials or content other than as permitted in this Agreement, please contact us at connect@theeverwell.com.

Third Party Materials and Content

Everwell expressly disclaims any responsibility for all aspects of the third party material and you acknowledge and agree that Everwell shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any third party material.

Indemnification

You agree to defend, indemnify and hold harmless the Everwell, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or in connection with your use of the Services.

Governing Law

This Agreement and any action related thereto will be governed by the laws of the State of Connecticut.

Severability

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Entire Agreement

This Terms of Use constitutes the entire agreement between you and Everwell and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Everwell with respect to this Website.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website.  Everwell may revise this Terms of Use at any time by updating this Agreement and posting it on the Site.  Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

Force Majeure

Everwell will not be liable for any failure to perform any of our obligations stated in this Agreement if the failure results from a cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.

Waiver

The failure of Everwell to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  Any waiver of this Agreement by Everwell must be in writing and signed by an authorized representative of Everwell.

Warranty Disclaimers; Limitation of Liability

UNDER NO CIRCUMSTANCES WILL EVERWELL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

Communication

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: connect@theeverwell.com.