EverBright Terms and Conditions

Terms And Conditions

1. INTRODUCTION

Welcome, we would like to take this opportunity to thank you for visiting the EverBright, LLC (“EverBright”) family of websites (the “EverBright Sites”). EverBright is referred to herein as “EverBright,” “we,” “us” or “our.”

The trademarks, service marks, trade names, logos and other indications of origin displayed within the EverBright Sites are owned by EverBright or a third party who has granted EverBright a right to use them.

By using any of our EverBright Sites, you represent that you agree with our Web Site Terms and Conditions (our “Terms of Use”) and Privacy Policy (our “Privacy Policy”) found elsewhere on the EverBright Sites. If you do not agree with anything found in either these Terms of Use or our Privacy Policy, please do not use any of the EverBright Sites.

2. ACKNOWLEDGEMENT

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the EverBright Sites, receipt of data, access to materials and information made available through the use EverBright Sites, the possibility of our review, use or display of your Submissions (as defined below in the section labeled “Submissions To EverBright Sites”), and the possibility of publicity and promotion from our review, use or display of your Submissions.

3. REGISTRATION AND SITE SECURITY

EverBright uses industry standard encryption technologies when transferring and receiving consumer data exchanged with the EverBright Sites. EverBright service request forms use Secure Sockets Layer encryption technology during data transmission in an effort to protect your communication and maintain your privacy.

By using the EverBright Sites you agree to provide and maintain on our records, current and accurate personal information as indicated to you during our registration processes. If you provide any information which is inaccurate or outdated, or if we have reasonable grounds to question the truthfulness the information provided, we reserve the right to suspend or terminate your account and refuse any and all current or future use of any EverBright Site (or any portion thereof). You further acknowledge that any personal information that you provide through this Site will be used by EverBright in accordance with EverBright’s Privacy Policy.

You also agree to promptly notify us at Contact Us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any EverBright Site. In addition, you agree to exit from your account at the end of each session.

YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION, AND THAT WE EXPRESSLY DISCLAIM ALL LIABILITY FOR SUCH LOSSES OR DAMAGES.

4. RESTRICTIONS OF USE

All information, content and materials contained on the EverBright Sites are the property of EverBright or its licensors and is protected under U.S. and international copyright law. None of the information, content or material from any EverBright Site or any internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. The use of any information, content or materials on a EverBright Site on any other web site or computer environment without our express written permission (which may be withheld for any reason) is strictly prohibited.

The EverBright Sites are for your personal use only. You may not use the EverBright Sites for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

5. EVERBRIGHT SITE RULES

The following is a list of rules you MUST follow in order to use EverBright Sites. By using any of the EverBright Sites, you represent the following:

  • You will not submit or transmit any information or material that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be an invasion of another’s right to privacy; (b) is offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation.
  • You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize us to use, distribute or otherwise exploit in all manners permitted by these Terms of Use, all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise make available or transmit.
  • You will not submit or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the EverBright Sites or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the EverBright Sites.
  • You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.
  • You will not access another person’s account or use another person’s username and password or other account information without that person’s express written consent. Such written consent shall be limited in duration and valid for the lesser of twelve (12) months or as long as expressly stated in the written consent, after which time written consent must be obtained again. In addition, if the person’s whose account you are authorized to access is a customer of you or your company, your consent and ability to access that person’s account or information or to use their username and password will terminate as soon as that person is no longer a customer of you or your company.
  • EverBright has the right to request proof of written consent for access to another person’s account, information, username or and/or password at any time, and EverBright has the right to suspend and or terminate your access to the EverBright Sites until EverBright, in its sole discretion, is satisfied this condition is met.
  • You may not use this website or any of the content obtained from this website, including account information or data, for the purpose of competing with EverBright or any of its affiliates or subsidiaries.
  • You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify.
  • You may not use any software, bots, spiders, web-crawlers or any other similar data mining software, tools or applications to monitor, copy, or otherwise mine any information contained on the EverBright Sites without prior express permission of EverBright.
  • You will not submit or transmit any information or communication that is in violation of these Terms of Use.
  • You will not engage in (or attempt to engage in) any type of criminal activity within the EverBright Sites.
 
EverBright reserves the right, in its sole discretion, to terminate and block access to the EverBright Sites for any violation of the Terms of Use.

We cannot and do not assure that other users are or will be in compliance with the EverBright Site rules or any other provisions of these Terms of Use, and, as between you and EverBright, you hereby assume all risk of harm or injury resulting from any other person’s lack of compliance which causes you harm.

To the extent that any feature on a EverBright Site requires you to submit your e-mail address in order to send an e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address, as applicable.

Any business use, “re-mailing,” or other high-volume application is strictly prohibited. You are not permitted to send e-mails or messages using an automated program. E-mails and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver e-mails messages that violate these guidelines.

Please note by providing us with your telephone number, you consent to receiving autodialed and prerecorded calls from EverBright for matters specifically related to your account.

WE RESERVE THE RIGHT TO MODIFY OR CHANGE THE EVERBRIGHT SITES INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT, INFORMATION OR MATERIALS APPEARING ON OR AVAILABLE THROUGH THE EVERBRIGHT SITES FOR ANY REASON WHATSOEVER AND WITHOUT PRIOR NOTICE TO YOU.

6. SUBMISSIONS TO EVERBRIGHT SITES

While we welcome comments and suggestions from our customers, unfortunately it is EverBright policy not to accept or consider unsolicited suggestions, ideas, or materials. The purpose of this policy is to avoid the possibility of misunderstandings when projects developed by EverBright may seem to others to be a product of their own creative work. We emphasize, please do not send us any unsolicited materials including but not limited to the following: pitches, ideas, concepts, suggestions, photographs, drawings, videos, audiovisual works, and/or other similar materials (“Unsolicited Materials”).

If, despite our warnings, you send EverBright any Unsolicited Materials, by sending such Unsolicited Materials you will be deemed to have granted and assigned all right, title and interest in an to such Unsolicited Materials, including without limitation any ideas, methods and inventions contained therein, to EverBright, and EverBright and any or all of its direct or indirect wholly-owned subsidiaries, shall be entitled to use such Unsolicited Materials for any purpose whatsoever, commercial or otherwise, without compensation to you. If there is any doubt or ambiguity about whether there has been an actual submission of Unsolicited Materials, such materials shall be collectively and conclusively deemed to be a “Submission” for purposes of these Terms of Use.

By submitting Unsolicited Materials to EverBright, you hereby appoint EverBright as your agent with the power to enter into and execute any contract, document, and/or do any act that EverBright considers appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use.

You agree that any Unsolicited Materials you submit are not being provided in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and EverBright in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Unsolicited Materials exist and are not exclusively owned by EverBright, you agree not to enforce any such rights against the EverBright or our licensees, distributors, agents, representatives and other authorized users.

7. THIRD PARTY SITES

You acknowledge that when visiting the EverBright Sites, you may be directed to other web sites not under the control of EverBright. For example, if you click on an advertisement, pop-up, or search result, that click may take you off the family of EverBright Sites. You acknowledge that when you click on a link which directs you to a site other than the EverBright Site, your arrival site will not be controlled by EverBright and any terms of use or policies associated with such site may apply. You also acknowledge that EverBright will not be responsible for your use of any such websites.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a EverBright Site.

8. SAFE HARBOR STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995

The statements contained in this web site, which are not historical facts, may be deemed to contain forward-looking statements, including, but not limited to, deployment, scalability and integration of EverBright in new and existing markets and the timing and breadth of coverage in each market. Actual results may differ materially from those anticipated in any forward-looking statements as a result of certain risks and uncertainties, including, without limitation, dependence on strategic third parties to market and resell its services, intense competition for service offerings, dependence on growth in demand for electrical services, availability of electrical services space, ability to manage and scale operations, and other risks and uncertainties detailed in EverBright's Securities and Exchange Commission filings. EverBright disclaims any obligation to update information contained in any forward-looking statement.

9. DISCLAIMER; LIMITATION OF LIABILITY

EVERBRIGHT DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT THAT YOU MAY OBTAIN USING THE EVERBRIGHT SITES OR THE INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE EVERBRIGHT SITES. THE INFORMATION, CONTENT AND MATERIALS ON EVERBRIGHT SITES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY EVERBRIGHT SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY EVERBRIGHT SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE LIABILITY FOR THE SELECTION AND USE OF THE EVERBRIGHT SITES, AND EVERBRIGHT SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATED TO YOUR USE OF THE EVERBRIGHT SITES. YOU ACKNOWLEDGE THAT THIS DISCLAIMER SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, EVERBRIGHT’S OWN NEGLIGENCE, SHALL EVERBRIGHT, OUR LICENSORS, LICENSEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, AND EACH OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS, AND ALL OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY EVERBRIGHT SITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A EVERBRIGHT SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY EVERBRIGHT SITE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE EVERBRIGHT SITES OR EVERBRIGHT’S TERMINATION OF THESE TERMS OF USE.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL EVERBRIGHT OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE EVERBRIGHT SITES OR EVERBRIGHT’S TERMINATION OF THESE TERMS OF USE.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER EVERBRIGHT OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE EVERBRIGHT SITES AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE EVERBRIGHT SITES IN AN ACCURATE OR TIMELY MANNER. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE EVERBRIGHT SITES OR EVERBRIGHT’S TERMINATION OF THESE TERMS OF USE.

EVERBRIGHT IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS. UNDER NO CIRCUMSTANCES WILL EVERBRIGHT OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF THE MATERIALS ON THE EVERBRIGHT SITES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE EVERBRIGHT SITES OR EVERBRIGHT’S TERMINATION OF THESE TERMS OF USE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

10. INDEMNIFICATION

You are entirely responsible for safeguarding and maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold EverBright, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account(s). You shall use your best efforts to cooperate with EverBright in the defense of any claim. EverBright reserves the right, at EverBright’s own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

11. GOVERNING LAW, JURISDICTION AND VENUE

You acknowledge and agree that these Terms of Use, and any and all transactions entered into utilizing any EverBright Site, shall be governed by the laws of the State of Florida without regard to its choice of law provisions. By utilizing any EverBright Site, you further acknowledge and agree that any dispute or claim resulting from use of any EverBright Site or the content thereof shall be subject to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida, submit to the exclusive jurisdiction of such courts with regard to any such dispute or claim, and waive any and all objections to the exclusive jurisdiction of such courts. If a provision of these Terms of Use is held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect. Further, all terms and conditions of these Terms of Use shall be deemed enforceable to the fullest extent permissible under applicable law, and when necessary, the court is requested to reform any and all terms or conditions to give them such effect. This provision shall survive the termination of your use of the EverBright sites or EverBright’s termination of these Terms of Use.

12. CHANGES TO THE FAMILY OF SITES

EverBright reserves the right, in its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of any EverBright Site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised Terms of Use.

13. TERMINATION

These Terms of Use are effective until terminated by us for any reason in our sole and absolute discretion. You may terminate these Terms of Use at any time by discontinuing use of all EverBright Sites and destroying all materials obtained from any and all such web sites and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. In the event that you terminate these Terms of Use, you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage pre-paid to:

Attn: Customer Care
700 Universe Blvd.
Juno Beach, Florida 33408

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