Terms & Conditions

General Terms

By accessing and placing an order with everso, you confirm that you agree with and bound by the terms of service contained in the Terms & Conditions outlined below. The following terms and conditions together with any documents they expressly incorporate by reference (collectively, “Terms & Conditions”) govern your access to and use of the everso app, including any content functionality, and services offered on or through the everso app. These terms apply to the entire website and any email or other type of communication between you and everso.

Under no circumstances shall everso team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if everso team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

everso will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy at any moment.

License

everso grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the app strictly in accordance with the terms of this Agreement.

These Terms & Conditions are a contract between you and everso (referred to in these Terms & Conditions as “everso”, “us”, “we” or “our”), the provider of the everso website and the services accessible from the everso website (which are collectively referred to in these Terms & Conditions as the “everso Service”).

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the everso Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Definitions and key terms

To help explain things as clearly as possible in these Terms & Conditions, every time any of these terms are referenced, are strictly defined as:

• Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
• Company: when this terms mention “Company,” “we,” “us,” or “our,” it refers to Panco Tech Inc, (5500 Sunrise Hwy, Unit 50, Massapequa, NY. 11758), that is responsible for your information under these Terms & Conditions.
• Country: where everso or the owners/founders of everso are based, in this case is United States
• Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit everso and use the services.
• Service: refers to the service provided by everso as described in the relative terms (if available) and on this platform.
• Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
• App/Application: everso app, refers to the SOFTWARE PRODUCT identified above.
• You: a person or entity that is registered with everso to use the Services.

These Terms & Conditions were created with Termify.

Purpose

This Platform is offered and available to users who are 18 years of age or older [Confirm if this is True]. The purpose of the everso App is to provide a platform for working professionals to connect, network, and facilitate meetings with one another. The aim of the everso platform is to allow users to discover and network with like-minded professionals to foster meaningful connections and opportunities for professional growth.

By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

Access to this Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the Platform without notice. We will not be liable if for any reason this Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Platform.

Restrictions

You may use the app only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the app, and you will not permit others to use the app:

• In any manner that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the objective of exploiting, harming, or intending to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Code of Conduct set out in these Terms and Conditions.
• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the app or make the platform available to any third party.
• Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the app.
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of everso or its affiliates, partners, suppliers or the licensors of the app
• Violate any of these Terms & Conditions, or any applicable federal, state, local, or international law or regulation (including without limitation, any laws regarding the export of data or software to and from the US or other countries.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the everso App or Services, the server on which the App is stored, or any server, computer, or database connected to the everso Services.

Payment

If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges, and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide everso with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Premium plan. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. By providing everso with your credit card number and associated payment information, you agree that everso is authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to everso hereunder and that no additional notice or consent is required. You agree to immediately notify everso of any change in your billing address or the credit card used for payment hereunder. everso reserves the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization’s administrator(s).

Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.

No contract will exist between you and everso for the Service until everso accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

You are responsible for any third-party fees that you may incur when using the Service.

Refund Policy

Monthly Billing Cycle: If everso charges for their Services on a monthly billing cycle, cancellations made during the current billing cycle will not be eligible for an immediate refund. Rather, the cancellation will be reflected in the next billing cycle, and no further charges will be incurred beyond that point.

Retroactive Refunds: everso does not provide retroactive refunds for any portion of the current billing cycle in which services have already been rendered or utilized. Refunds will only apply to future billing cycles following cancellation.

Cancellation Procedure: To initiate a cancellation, users must follow the appropriate procedures to obtain a refund from everso by submitting a cancellation request through the everso account portal.

Non-transferable Refunds: Refunds are non-transferrable and can only be issued to the original everso user or account holder. Any requests for refund transfers or transfer of services to other accounts will not be accommodated.

Your Suggestions

Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to everso with respect to the app shall remain the sole and exclusive property of everso.

everso shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Your Consent

We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our app, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

Links to Other Websites

This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by everso. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Cookies

everso uses “Cookies” to identify the areas of our app that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our app but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the app as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our app correctly or at all. We never place Personally Identifiable Information in Cookies.

Changes To Our Terms & Conditions

You acknowledge and agree that everso may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at everso’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform everso when you stop using the Service. You acknowledge and agree that if everso disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

Modifications to Our app

everso reserves the right to modify, suspend or discontinue, temporarily or permanently, the app or any service to which it connects, with or without notice and without liability to you.

Updates to Our app

everso may from time to time provide enhancements or improvements to the features/ functionality of the app, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the app. You agree that everso has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the app to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the app, and (ii) subject to the terms and conditions of this Agreement.

Data Protection and Privacy

All information we collect on the everso App and Services is subject to our Privacy Policy [insert link to Privacy Policy Agreement]. By using everso’s Services, you consent to all actions taken by is with respect to your information in compliance with the Privacy Policy. The collection and use of Personal Data will be in compliance with applicable data protection laws and regulations.

Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).

You acknowledge and agree that everso shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. everso does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

User Contributions

The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Platform.

All User Contributions must comply with the Content Standards set out in these Terms and Conditions.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose or according to your account settings.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms and Conditions.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and You, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Platform.

Terms and Termination

This Agreement shall remain in effect until terminated by you or everso.

everso may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from everso, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the app and delete all copies of the app from your computer.

Termination of this Agreement will not limit any of everso’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

everso reserves the right to disclose your identity or other information about you to any third party who claims that your communications on the app violates their rights, including their intellectual property rights or their right to privacy.

Further, everso reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.

Code of Conduct

These content standards apply to any and all user communications on the everso App with other users. All user communications must in their entirety comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, User communications must abide by the following standards:

• Ethical Behavior and Conduct: everso users agree to communicate with and treat others with respect, professionalism, and courtesy at all times. everso maintains a zero-tolerance policy for any form of harassment, intimidation, or discrimination based upon one’s race, ethnicity, sexual orientation, gender, age, religion, or other characteristics. App users are barred from sending or publishing any material on the app that that are defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Professionalism: everso users agree to maintain the highest standard of professionalism in all interactions while using the app. Users shall refrain from any sort of behavior that it harmful or threatening to another user. everso users are prohibited from impersonating another individual or misrepresenting their identity or affiliation with another person or organization.
• Confidentiality: App users agree to respect the confidentiality and privacy of others and not disclose or share any confidential or proprietary information obtained through the everso App without the proper authorization.
• Intellectual Property: everso users agree to not infringe any patent, trademark, trade secret, copyright, or any other intellectual property rights of another individual on the app.
• Reporting Violations: App users are strongly encouraged to report any violations of this Code of Conduct to everso App administrators, providing relevant details and evidence to assist in any such investigation. everso take all allegations of any such misconduct very seriously and will work diligently to resolve any issues that may arise.
• Compliance with Law: everso app users are expected to comply with applicable local, national, and international laws and regulations. Any illegal activity or attempt to engage in engage in fraudulent, unlawful, or malicious actions are strictly prohibited.

Use of Communication Services

• The Platform may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are suitably appropriate and directly related to the particular Communication Service.
• You agree that when using a Communication Service, you will not engage in any behavior that will defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
• everso has no obligation to supervise the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
• everso reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
• Users should use their own discretion when sharing any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
• Materials uploaded to a Communication Service may be subject to posted limitations on such usage, reproduction and/or dissemination. Users are responsible for such limitations if you upload the materials.

Copyright Infringement Notice

If you are a copyright owner or such owner’s agent and believe any material on our app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner. All such notices of copyright infringement should be sent to the copyright agent designated at the following email address [Insert Email Here].

Indemnification

You agree to defend, indemnify and hold harmless everso and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any)  from and against any claims, liabilities, damages, judgements, awards, losses, costs expenses, or fees or demand, including reasonable attorneys’ fees, due to or arising out or relating to your: (a) use of the app; (b) violation of these Terms and Conditions  or any law or regulation; or (c) violation of any right of a third party. This provision is governed and interpreted in accordance with the laws of the State of New York.

Disclaimer of Warranties

The app is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, everso, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, everso provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, apps, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither everso nor any everso’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the app, or the information, content, and materials or products included thereon; (ii) that the app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the app; or (iv) that the app, its servers, the content, or e-mails sent from or on behalf of everso are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

TO THE FULLEST EXTENT PROVIDED BY THE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT  YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY PLATFORM LINKED TO IT.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of everso and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the app.

To the maximum extent permitted by applicable law, in no event shall everso or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of this Agreement), even if everso or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

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

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by everso on the Services, shall constitute the entire agreement between you and everso concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and everso’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND EVERSO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

everso reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 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 app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use everso.

Entire Agreement

The Terms and Conditions and our Privacy Policy shall constitute the entire agreement between you and everso regarding your use of the app and supersedes all prior and contemporaneous written or oral agreements between you and everso.

You may be subject to additional terms and conditions that apply when you use or purchase other everso services, which everso will provide to you at the time of such use or purchase.

Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

Intellectual Property

The app and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by everso, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of everso, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Governing Law and Jurisdiction

All matters relating everso’s Services and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or Services shall be instituted exclusively in the federal courts in the United States or the courts of the State of New York, in each case located in the City of New York and [Insert Proper County]. YOU WAIVE ANY AND ALL OBJECTTION TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR

OR EVERSO’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and everso concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you or everso must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: help@pancotechnologies.com. everso will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and everso will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or everso may commence arbitration.

Binding Arbitration

If you and everso don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as

non-confidential and non-proprietary and will become the sole property of everso without any compensation or credit to you whatsoever. everso and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Promotions

everso may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of everso. everso will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. everso operates and controls the everso Service from its offices in United States. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the everso Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the everso Privacy Policy) contain the entire understanding, and supersedes all prior understandings, between you and everso concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Disclaimer

everso is not responsible for any content, code, or any other imprecision. everso does not provide warranties or guarantees.

In no event shall everso be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

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