Everge provides a personalized subscription service that allows our members to access educational content ("Everge content") over the Internet on certain Internet-connected computers and other devices ("Everge ready devices").
You have accepted these Terms of Use, which govern your use of our service.
As used in these Terms of Use, "Everge service", "our service" or "the service" means the personalized service provided by Everge for discovering and accessing Everge content, including all features and functionalities, recommendations and reviews, our websites, and user interfaces, as well as all content and software associated with our service.
1. Membership
1.1. Your Everge membership will continue and automatically renew until terminated. To use the Everge service you must have Internet access and a Everge ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below).
1.2. We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Everge membership by visiting the Everge.com website and clicking on the "Account" link available at the top of the pages under your profile name if you paid through the website, and within the App and Play Store if you paid through these third parties.
2. Disclaimer related to all services provided by Everge and its creators
You agree that Everge and its creators’ services are not a substitute for professional advice such as a Medical Doctor, Psychiatrist or counselor. The information provided by Everge and its creators does not constitute legal or professional advice, neither is it intended to be.
If you or a family member have a serious medical or life-threatening condition, please contact a physician.
Furthermore, you agree that any decisions you make, and the consequences thereof, are your own. Under no circumstances can you hold Everge and its creators liable for any actions that you take. You agree not to hold Everge and its creators liable for any loss or cost incurred by you, or any person related or associated with you, as a result of discussions, materials, techniques or coaching offered by Everge and its creators.
You understand and agree that the information provided on Everge is intended to be general information with respect to common issues. Information is based on Everge creators’ training and experiences, and it is offered in good faith – you do not have to use this information.
Lastly, you agree that you shall indemnify Everge and their associates in the event of any claim, including but not limited to any claims made against Everge, by any person related or associated with you. Nothing in the content materials shall be considered legal, financial, or actuarial advice.
3. Promotional Offers
We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Everge at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent Everge membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent Everge membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
4. Billing and Cancellation
4.1 Billing Cycle. The membership fee for the Everge service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit the Everge.com website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. If you signed up for Everge using your account with a third party as a Payment Method, you can find the billing information about your Everge membership by visiting your account with the applicable third party.
4.2. Payment Methods. To use the Everge service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
4.3 Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
4.4. Cancellation. You can cancel your Everge membership at any time, and you will continue to have access to the Everge service through the end of your billing period. To cancel, go to the "Account" page on our Everge.com website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for Everge using your account with a third party as a Payment Method and wish to cancel your Everge membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Everge service through that third party.
4.5 Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.
4.6 No Refunds. Payments are non-refundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
5. Everge-service
5.1. You must be at least 18 years of age to become a member of the Everge service. Individuals under the age of 18 may only utilize the service with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
5.2. The Everge service and any content accessed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Everge membership, we grant you a limited, non-exclusive, non-transferable right to access the Everge service and Everge content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
5.3 You may access Everge content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Account" page.
5.4 The Everge service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our websites, user interfaces, promotional features and availability of Everge content. You can turn off test participation at any time by visiting the "Account" page and changing the "Test participation" settings.
5.5 Some Everge content is available for temporary download and offline viewing on certain supported devices ("Offline Titles"). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
5.6 You agree to use the Everge service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Everge service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Everge service; use any robot, spider, scraper or other automated means to access the Everge service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Everge service; insert any code or product or manipulate the content of the Everge service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Everge service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
5.7 The quality of the display of the Everge content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 1.0 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 3.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 1120p or higher). A download speed of at least 111.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 11K or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Everge makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Everge content will vary based on a number of factors, including your location, available bandwidth at the time, the Everge content you have selected and the configuration of your Everge ready device.
5.8 The Everge software is developed by, or for, Everge and may solely be used for authorized streaming and to access content from Everge through Everge ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Everge and related third-party software. If you do not accept the foregoing terms, do not use our service.
5.9 By using our service, you agree to look solely to the entity that manufactured and/or sold you the Everge ready device for any issues related to the device and its compatibility with the Everge service. We do not take responsibility or otherwise warrant the performance of Everge ready devices, including the continued compatibility with our service.
6. Passwords and Account Access
The member who created the Everge account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the Everge account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Everge ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Everge or our partners from identity theft or other fraudulent activity. Everge is not obligated to credit or discount a membership for holds placed on the account by either a representative of Everge or by the automated processes of Everge. If your Everge ready device is sold, lost or stolen, please deactivate the Everge ready device. If you fail to log out or deactivate your device, subsequent users may access the Everge service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the "Account" page of our Everge.com website
7. Disclaimers of Warranties and Limitations on Liability
7.1. THE EVERGE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE EVERGE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EVERGE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE EVERGE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. EVERGE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, EVERGE READY DEVICES, AND EVERGE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
7.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL EVERGE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
7.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
7.4 NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
8. Miscellaneous
8.1 Applicable law. These terms of use are being set forth will be interpreted considering Dutch law. These conditions exclude you from the judicial consumer protection you may are entitled to given the laws of your country.
8.2. Unsolicited Materials. Everge does not accept unsolicited materials or ideas for Everge content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Everge. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Everge and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
8.3 Feedback. Everge is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Everge service, including our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Everge service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
8.4 Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the Everge Help Center, which is accessible through the Everge.com website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our websites, these Terms of Use will control.
8.5 Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
8.6 Changes to Terms of Use and Assignment. Everge may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Everge service.
8.7 Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
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