Welcome to Everlast Epoxy Systems, Inc. (hereinafter, “EES” "Company", "we" or "us"). Which maintains this website located at https://www.everlastepoxy.com," as well as associated apps, social media accounts (hereinafter, the "Service') The following terms and conditions, together with any documents they expressly incorporate by reference (collectively,) these "Terms of Access," govern your use of Everlastepoxy.com and related properties, (the ""Service").
Please read these Terms of Access carefully before making use of these Services. You are hereby informed that changes may be made to these Terms of Access or the content and information provided through these Services from time-to-time, you acknowledge that it is your responsibility to review for any changes.
You acknowledge that these Terms of Access are incorporated into a larger set of Policies, which you must accept as the condition of entering into an Agreement with EES for the purchase of any products made available through this site.
With regards to these Terms of Access, you understand that no property right arises from your use of these Services.
EES grants you a limited license to use these Services. You agree to abide by our Acceptable Use policies and to review all notices and disclaimers herein. In order to form an agreement with EES for the purchase of products available through this service, you will be required to affirmatively accept all legal policies presented, however, your license and permissions to use these Services arise at the time you access these Services. If you do cannot agree to these Terms of Access, you must immediately cease using these Services.
Acceptable Uses of these Services
In using this Website and related Services, whether passively reviewing these materials or making active use of the Services or products contained therein you affirm that you shall not make any prohibited use, nor take any automated or machine-based actions which would be in violation of these prohibited use, these Terms or any attendant policies.
Additionally, to the extent they may now exist or become a feature offered through the website or service, which allows comments or testimonials --- any such materials regarded as user generated content. EES does not claim a property right in such content, nor responsibility for claims, instructions, or the veracity of contents.
You affirm that you grant EES a perpetual and unlimited license to use your content, likeness or materials you provide to us. The following content standards and acceptable use policy shall apply. These content standards apply to any and all user generated content, including comments on the blog: they must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as "spam"), chain letters, surveys or contests.
- Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this EES Site, or any postings advocating illegal activity.
- Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
- Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
- Deliver, or provide links to, any postings containing defamatory, false or libelous material.
- Deliver any posting that infringes or violates any intellectual property or other rights, including copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
- Deliver any posting or enter into an agreement that you do not have a right to make under law, regulation or contractual or fiduciary relationships.
- Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Use this EES service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this EES Site or other users' Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this EES Site, including harvesting or otherwise collecting information about others such as email addresses.
Content on this Service is the property of EES or their licensors. Content includes certain images, text, digitally downloadable files, trademarks, logos, product information, and the compilation of the foregoing ("EES Content") is the property of EES or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Unless specifically authorized in writing pursuant to an affiliate agreement you agree that use of this content is for use limited in the license which you have obtained, and you agree not to make use of the content of infer a relationship with EES which does not exist.
If you believe that any User Contributions, or any photograph, audio or video posted to this Site or Services, violates your copyright, please see our DMCA policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Provided
To the extent you make use of any User Contributions, we do not warrant the accuracy, completeness or suitability of all information provided on the Website or Services. Any reliance you place on such information is strictly at your own risk. Additionally, you agree to review any instructions, referrals to installers, or contractors, to ensure they are capable of completing your project to YOUR specifications. We disclaim all liability and responsibility arising from any reliance placed on such materials by users, or by anyone who may be informed of any of its contents.
Reviews and User Comments
In the event these Service may offer users the opportunity to post comments on our service, you agree that you are giving EES a worldwide perpetual license to reproduce those comments on these, and related services. You further agree that you shall respect the intellectual property rights of EES and third parties and not post infringing content. All content you post shall comply with the Acceptable Use policy.
Changes to the Service
We may update content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Links from the Website
If the Website decides to provide links to other sites and resources as an informational service for your convenience to parties, understand that this does not constitute an endorsement of their products or services. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. SPEFICALLY, YOU AGREE AND UNDERSTAND THAT ANY RECOMMENDATION OF A CONTRACTOR TO ASSIST YOU IN THE USE OR APPLICATION OF OUR PRODUCTS DOES NOT CREATE AGENCY, ENDORSEMENT, OR STATEMENT THAT SUCH COMPANY OR INDIVIDUAL POSSESS THE REQUISITE SKILLS TO USE OR APPLY THE PRODUCT IN A MANNER NECESSARY FOR EVERY PROJECT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, including, but not limited to, your User Contributions, any use of the Company's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Company.
These Terms of access will be governed by and construed in accordance with the laws of Florida without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be interpreted using the laws of the State of Florida, regardless of the jurisdiction in which you reside.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.