Terms of Service
Effective Date: October 21st, 2021
Thank you for using Everything After!
These Terms of Service (“TOS”) govern the use of Everything After online at EverythingAfter.com, and on mobile devices (collectively, “Everything After”).
These TOS represent a binding contract, and by creating an account or other otherwise accessing, using, or submitting information through Everything After, you agree to the TOS, INCLUDING THE AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTION CLAIMS CLAUSE CONTAINED IN SECTION 15. The TOS incorporate the provisions of the this link, so please review that carefully as well. If you do not agree to be bound by the TOS, you must stop using Everything After.
The TOS apply to users of Everything After, as well as to individuals who either provide payment details to purchase the services, create an account with, or submit information to Everything After, or any party recommended or referred through Everything After (collectively referred to as, “You”). These TOS are an agreement between You and Everything After LLC (hereinafter, may be referred to as “Everything After LLC,” “We,” or “Us”).
2. Use of Everything After by Minors. Children under 18, or the age of majority in their jurisdiction of residence (“Minors”), may use Everything After, but use by Minors shall only be done with the guidance, supervision, and consent of their parents, guardians, and/or authorized school officials. We rely on parents and guardians to ensure Minors only use Everything After if they can understand their rights and responsibilities as stated in the TOS. If You are a parent or guardian and You provide your consent to a Minor’s use of Everything After, You agree to be bound by the Minor’s use of Everything After and by the TOS.
3. Account Confidentiality. You agree that You have the responsibility for maintaining the confidentiality and security of your Contact Information. You agree to notify us immediately of any unauthorized use of your Contact Information.
4. No Guarantee of Availability of Classes or Features. As part of our process of continuously improving Everything After, We may retire certain content, resources, guides, or features, or enable new content, resources, guides or features. We reserve the right to make modifications to Everything After at our sole discretion.
5. Intellectual Property. All content associated with Everything After, including, but not limited to, text, logos, marks, trade names, photographs, videos, artwork, materials, graphics, classes, software, images and other intellectual property of any kind (collectively, the “Content”), is proprietary and protected by United States copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties. The Content is also protected as a collective work or compilation under United States copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions associated with the Content. You agree that, without our prior written consent, You may not download, copy or store the Content in any form outside of the Everything After platform and You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any of the Content. You acknowledge that the Content has been developed, compiled, prepared, revised, selected, and arranged by Everything After LLC and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Everything After LLC and such others. You agree to protect the proprietary rights of Us and all others having rights in the Content during and after the term of this agreement and to comply with all reasonable written requests made by Us or our suppliers and licensors of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Content. You agree to notify Us immediately upon becoming aware of any unauthorized access or use of the Content by any individual or entity or of any claim that the Content infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Content shall, as between You and Us, at all times be and remain the sole and exclusive property of Everything After LLC. You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with You or, except as otherwise provided herein, are used with our consent, and You acknowledge that you have no ownership rights in or to any of such items. You agree that all data and algorithms in our flash files and associated servers are “trade secrets” as defined, without limitation, in the California Uniform Trade Secrets Act.
6. Your License to Use Everything After. We provide you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make personal and non-commercial use of Everything After, subject to the TOS. This license is available to You as long as You are not barred from Everything After by applicable law, or your account is not terminated by Us or by You. If the TOS are not enforceable where You are located, you may not use Everything After. Everything After reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
7. Restrictions and Prohibited Uses. Everything After is used by lots of people, and We are proud of the trust our users place in Us. We expect, in turn, that our users do not misuse our products and services. Except as provided in the TOS, you shall not:
8. Your Feedback. Some sections of Everything After, either now or in the future, may allow you to post or submit content and materials for publication on Everything After. You are solely responsible for all content and materials that You post or submit to Everything After for such purposes (collectively, “User Material”), and acknowledge that once published, User Material cannot always be withdrawn. When using Everything After, You shall not submit, upload, post, or otherwise make available any material that violates the Restrictions contained in Section 7 above.By uploading User Material, You are representing that You own the User Material, and that you will indemnify Everything After LLC, its subsidiaries, and affiliates for all claims resulting from User Material. You assume all risks associated with User Material, and We take no responsibility and assume no liability for any content You submit. We may, but are not required to, monitor the content on our site and use any means to screen, block, filter, edit or remove content, including User Material. We may terminate or suspend your account or delete, edit or remove content that We, in our sole discretion, deem illegal, offensive, abusive, in violation of our policies, or otherwise inappropriate or unacceptable.With respect to User Material, You agree that Everything After LLC, its subsidiaries, and affiliates have a nonexclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display User Material throughout the world in any form, media, or technology now known or hereafter developed. You assign Us the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of the TOS, scraped, copied, or distributed content from Everything After that has been provided to Us by You and for which You have not granted such third parties a separate license to use.We appreciate when You provide us feedback through customer service, by email or social features, but please be aware that We may use any feedback, comments, or suggestions You provide to Us without any obligations or indebtedness to You.
9. Warranty Disclaimer. YOU AGREE THAT USE OF EVERYTHING AFTER IS AT YOUR OWN SOLE RISK AND THAT EVERYTHING AFTER AND ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERYTHING AFTER AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING EVERYTHING AFTER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EVERYTHING AFTER LLC MAINTAINS EVERYTHING AFTER ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL HAVE ACCESS TO EVERYTHING AFTER. EVERYTHING AFTERMAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. YOU SHALL NOT HOLDEVERYTHING AFTER RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF (OR LOSS OF ACCESS TO OR LOSS OF USE OF) EVERYTHING AFTER, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS, DEVICES, OR DATA. EXCEPT AS PROVIDED IN THESE TOS, YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHT, BASED IN PROPERTY OR OTHERWISE, TO ANY DATA CREATED THROUGH OR GENERATED BY YOUR ACCESS TO OR USE OF EVERYTHING AFTER.YOU ACKNOWLEDGE THERE IS A RISK OF DATA LOSS, INCLUDING CATASTROPHIC DISK FAILURE WHICH COULD RESULT IN A LOSS OF ALL DATA. YOU AGREE THAT YOU WILL NOT HOLDEVERYTHING AFTER RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH LOSS. We strive to make Everything After accessible on many web browsers and devices, and We may update the technologies that We use for Everything After. Because technologies vary widely and rapidly change, We are not able to guarantee that Everything After will function on all systems or network services either now or for future versions of Everything After. You are responsible for ensuring that your equipment and network function with Everything After.
10. Limitation of Liability. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL EVERYTHING AFTER LLC OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO EVERYTHING AFTERFOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID YOU TO SUBSCRIBE TO EVERYTHING AFTER; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF EVERYTHING AFTER; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. EVERYTHING AFTER LLC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH EVERYTHING AFTER, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES OF FULL-CIRCLE AFTERCARE AND BRIGHTER MORNINGS, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EVERYTHING AFTER LLC AND YOU. YOU UNDERSTAND THAT EVERYTHING AFTER WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
11. Liquidated Damages. You agree that it would be difficult to ascertain the exact amount of damages that we would suffer as the result of the theft of Content, especially if stolen Content is exploited for commercial use on a website or any other digital medium. Therefore, You agree that, in the event You steal, copy without authorization, or otherwise misappropriate Content, Everything After LLC is entitled to recover from you liquidated damages in the amount of five thousand ($5,000.00) dollars per graphic or image, and twenty thousand ($20,000.00) dollars per script, language, program, game, exercise, or application that is stolen, copied without authorization, or otherwise misappropriated. You agree that this amount represents a reasonable, minimal, estimate of the damage that We would suffer but does not in any way limit actual damages, if so pursued. ANY ACTION BYUS TO ENFORCE THIS SECTION SHALL NOT BE DEEMED A WAIVER OF OUR RIGHT TO PURSUE, AT OUR SOLE DISCRETION, ANY AND ALL OTHER REMEDIES AVAILABLE TO US UNDER THIS AGREEMENT OR BY LAW.
12. Irreparable Injury. You agree that any actual or threatened breach of the TOS or infringement of proprietary or other third-party rights by You would cause irreparable injury to Us and would therefore entitle Us to injunctive relief without any additional showing of irreparable injury or harm.
13. Indemnity. You shall indemnify and hold Everything After LLC, its parents, subsidiaries, affiliates, officers and/or employees (“Indemnified Parties”), harmless, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of or access to Everything After, the violation of the TOS by You, or the infringement by You, or any third party using your account, of any intellectual property or other right of any person or entity.
14. Services Disclaimer. The services provided through Everything After and the Content are not attempts to provide any form of legal or professional advice. You agree to not rely or depend upon the Content in any way, and, further, You agree to seek independent counsel and expertise from the appropriate providers if necessary. Use of Everything After does not establish a professional client relationship. Any information and links on Everything After, whether provided by Us or by contract from outside providers, is provided simply for your convenience.
15. Agreement to Arbitrate and Waiver of Class Action Claims.
16. Using Social Features and Links to Third Party Sites. Everything After may enable social features that allow You to communicate with other users or our employees, including some social features provided by third parties, such as the Facebook Comments plugin available on our Blog. Similarly, we may link to third-party sites.
These links and third-party features and services are provided for your convenience only and We cannot make guarantees about their accuracy, reliability, or privacy. Should You choose to access them, You do so voluntarily and assume all risk. In addition, your use of those sites, features, and services may be subject to the terms and privacy policies of those third parties.
17. Canceling Your Account. While we hope You enjoy using Everything After, You may cancel your account at any time by contacting customer service. We reserve the right to limit or terminate your account for any reason at our sole discretion.
1. Severability and Waiver. If any part of these TOS are held to be invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and shall be limited or eliminated to the minimum extent necessary so that the TOS shall otherwise remain in full force and effect and enforceable. A waiver by either party of any term or condition in the TOS or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
2. Governing Law, Jurisdiction and Venue. You agree that the TOS are governed by and construed in accordance with the laws of the State of Oregon without regard to conflict of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Multnomah County, Oregon as the legal forum for any dispute arising out of the TOS and/or or your access to or use of Everything After to the extent that such dispute is not precluded as an Arbitral Claim.
3. Change Policy. The TOS may be updated from time to time. If We make material changes, we will provide advance notice to you either by email, by posting a notification on Everything After or by posting an updated TOS on Everything After 45 days in advance of the effective date of the updated TOS. Please note that, for existing users, unless otherwise provided by applicable law, your continued use of Everything After following the effective date means that You agree with, and consent to be bound by, the updated TOS.
4. Miscellaneous. Both parties agree that the TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS, and that all modifications to the TOS must be in a writing signed by both parties. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by Us on Everything After, the TOS shall govern, unless otherwise indicated. Sections 2-12, and 15 shall survive any termination of the TOS.