Effective Date: September 25, 2020
Updates to Terms. Every reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site. Every will provide notice of changes to the Terms by posting the new Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be valid from the Effective Date set when posted on the Site or Services. Your continued use of the Site after we post any changes to the Terms signifies your Agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Site and Services by terminating your Membership in joinevery.com.
Electronic Form. By accessing the Site or becoming a member of Every (“Member”), you consent to have this Agreement provided to you in electronic form.
Registering as a Member. You do not have to be an Every Member to view benefits available through this Site but only approved members can access the Every deal pages, features, and Services. By registering and being accepted as a Member, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form, (ii) maintain and properly update your account information to keep it true, accurate, current, and complete, and (iii) use the Service solely for your individual, personal use. If you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that you have, or if you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your Membership and refuse any and all current and/or future use of the Site and the Services (or any portion thereof). Without limitation of the foregoing, Every reserves the right to reject any membership application in its sole discretion. Your membership term is also your billing term. We reserve the right at any time and in our sole discretion to verify a Member’s eligibility and compliance with these Terms before fulfilling any membership Service, including, but not limited to, ensuring that the Member is not using the Services for other unintended purposes.
Membership, Subscriptions; Charges on Your Billing Account.
Every charges you for your access to the Service using the billing information you provide (your “Billing Account”) at the time of enrollment. By enrolling in JoinEvery.com, You authorize Every to charge your Billing Account the fees therein in effect for the Service. Every reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment, and to update your information from available third-party sources. All membership fees and commission earnings are in US Dollars.
Recurring Billing. Access to the Service requires a subscription for Membership and may consist of an initial period, where you can try the Services for free or for an introductory trial, followed by recurring period charges authorized and agreed to by you at the time of your subscription. If your membership subscription has an initial and recurring payment feature, you accept responsibility for all recurring charges prior to cancellation. To change or cancel your Membership at any time, you may send your request to us using the “Contact Us” link on any page of the Site. Unless canceled, your Membership will be automatically renewed for successive renewal periods of the same duration as the membership term originally selected, at the then-current non-promotional membership rate. If you cancel an annual membership, you are eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period, unless you request that your Membership not be renewed, in which case you may continue to access your membership benefits until the end of your current term. If you believe you are owed a refund, please contact us using the contact us form. If you cancel your Membership but want to become a member again, please contact us using the contact us form for assistance. Your non-termination or continued use of the Service reaffirms that Every is authorized to charge your Payment Method on the recurring basis you agreed to upon enrollment. Every may submit those payment charges, and you will be responsible for such charges. EVERY MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU CANCEL YOUR MEMBERSHIP OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE EVERY REASONABLY COULD ACT.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other providers of your chosen Payment Method (the “Payment Method Provider”). If Every does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), Every shall provide notice of the amount to be charged and the date of the charge at least 15 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Every may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Free and Introductory Trials and Other Promotions. Any free or introductory trial offer or other promotion that provides membership access to the Service must be used within the specified time of the trial. You must cancel your Membership before the end of the stated trial period in order to avoid being charged the full membership fee set forth in the offer terms. Your trial period begins on the day that you accept the trial offer; for example, if you accept a 7-day free trial offer, your full paid membership term will begin 7 days from the date that you accept the offer, unless you cancel. All trial period and/or promotional offers that refer to start time and/or deadline use Eastern Time Zone (ET) hours; e.g., if promotional material says that an offer will end at midnight on a certain date, that should be interpreted to mean that it will end at midnight ET on that date.
How You Can Use the Services. This Site and the Services offered are for your personal use only in accordance with these Terms. You agree that you will not (i) copy, display, or distribute any part of the Site, in any medium, without Every’s prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. You further agree that you will not use any automated devices, such as spiders, robots, or data-mining techniques, to catalog, download, store, or otherwise reproduce, store, or distribute content available on the Site, manipulate the Site or the Services, or otherwise exceed the limited access granted to you by Every. You will take no action to interfere with, interrupt, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
User Submissions. By submitting content to us, whether through the Site or otherwise, for instance, in the form of a testimonial (“User Content”), you grant to Every and its licensees and successors in business a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from, market, and promote the User Content for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, and any personal information you submit with the User Content without your prior approval or the payment of any compensation.
Proprietary Rights. The Site and all material published on the Site, including but not limited to text, photographs, video, graphics, music, sounds, messages, comments, ratings, and other materials, is owned by Every or its licensors and is protected by copyrights, patents, trademarks, trade secrets, and/or other proprietary rights, including under the United States copyright laws. Every owns a copyright in the selection, coordination, arrangement, and enhancement of such content and a copyright in the Site. JoinEvery.com and its logos are trademarks of Every and are protected by state and federal laws. All other trademarks appearing on this Site (“Marks”) are their respective owners’ trademarks, including Every and its marketing partners.
Users are prohibited from using any Marks without the written permission of Every or such third party that may own the Marks. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit any of the content, in whole or in part, without Every’s prior written consent. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any aspect of the Site or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from Every or the copyright holder identified in the copyright notice contained in the content.
No License Granted. Except for allowing you to use the Site and Services for your personal use as set forth in the paragraph above when you use the Site or Services, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Every. You understand that you have no rights to the Services or any other Every property except as we indicate in these Terms.
Age Requirements. You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to join Every and to use the Services.
Links. You may be able to access other websites or resources through links on the Site. Because Every has no control over such sites and resources, you acknowledge and agree that Every is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials available from such sites or resources. You further acknowledge and agree that Every shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Every, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur arising out of or related to any products or services purchased by you in connection with the Site or the Services and in connection with a third-party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these Terms, applicable law, or the rights of any third party. You are solely responsible for your own interactions with any merchants accessed through the Site or Services. To the extent permitted under applicable laws, you hereby release Every from any and all claims or liability related to any product or Service of a merchant, any action or inaction by a merchant, including any merchant’s failure to comply with applicable law and/or failure to abide by the Services Terms and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT EVERY MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT EVERY DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, EVERY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.
ALL CONTENT, PRODUCTS, AND THIRD-PARTY SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED, ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. EVERY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABILITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE SITE OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL EVERY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVERY OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF EVERY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. EVERY LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN EVERY AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10).
Access to Services. You understand and agree that your Membership in JoinEvery.com is subject to and conditioned upon the following: Your continued adherence to these Terms and any future modifications thereto and compliance with the Terms of Service. Your violation of these Terms or any other agreement between you and Every constitutes grounds for immediate termination of your Membership without further notice, at our sole discretion. We may also terminate your Membership at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the Every community. Termination of your Membership will result in cancellation of all rights of access and use of Services granted to Members, and canceled Members may be denied access to Services or re-enrollment as Members. Every reserves the right to change, discontinue, or suspend Every or any of the Services at any time for any reason. Members may terminate their Membership at any time by sending their request to us, using the “Contact Us” link on any page of the Site. Every shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms or the Terms of Service. Any decision Every makes relating to termination or suspension of any Member’s account shall be final and binding. You agree that we may terminate, modify, discontinue, or abandon the Site or Services with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance, or abandonment. If this Agreement is terminated for any reason, the provisions titled Proprietary Rights, No License Granted, Indemnity/Release, Disclaimer of Warranties, Liability Limitation, Access to Services, Termination, Privacy, Governing Law/Disputes, and Miscellaneous shall survive any such termination. At this time, the Services are only available to residents of the United States, its territories, and those consumers with APO/FPO addresses.
Conditions of Service. Your use of the benefits available through your Membership and the Services is also governed by the Terms of Service, which are incorporated herein by reference. In the event of any conflict in these Terms and the Terms of Service, these Terms will control.
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Dispute Resolution: Agreement to Arbitrate Disputes, Waiver of Class Arbitration, Governing Law, Enforcement of Arbitration Award, Severability, and Jurisdiction.
Arbitration shall be subject to the Federal Arbitration Act and shall be conducted by the American Arbitration Association (AAA) before one commercial arbitrator. The arbitration conduct shall be subject to AAA’s then-current rules and procedures for commercial arbitration and, if the arbitrator deems it appropriate, the then-current supplementary rules and guidelines for consumer-related disputes (collectively, Rules and Procedures). YOU SPECIFICALLY AGREE THAT YOU ARE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION, AND YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. The AAA’s fee schedule will govern payment of arbitration costs unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Every will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Every also reserves the right, in its sole and exclusive discretion, to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision or remedy under the governing law that requires the prevailing party to be paid attorneys’ fees and expenses.
Information on AAA, its Rules and Procedures, and how to start arbitration can be found at http://www.adr.org or by calling 800-778-7879.
Notwithstanding the foregoing, to the extent the dispute arises from a violation of your or Every’s intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the Governing Law and Jurisdiction subsections below, and both parties consent to exclusive jurisdiction and venue in such courts. Additionally, you or Every may take the dispute to small claims court if the dispute qualifies for small claims court.
Waiver of Class Arbitration: To the fullest extent permissible under applicable law, all disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other disputes shall be consolidated or joined with your dispute, whether through class arbitration proceedings or otherwise. You further acknowledge and agree that any arbitrator assigned to a dispute shall not and lacks the authority to conduct class arbitration or award class-wide relief and that such arbitrator shall only hear your individual dispute. You acknowledge that you are voluntarily and knowingly waiving any right to participate as a representative of any class of claimants pertaining to any dispute subject to arbitration, such that you shall not be entitled to arbitrate any dispute as a representative plaintiff or claimant, class representative, class member, or private attorney general.
Governing Law: These Terms and all disputes between the parties shall be governed in all respects by the laws of the State of Georgia, consistent with the Federal Arbitration Act, as they apply to agreements entered into and to be performed entirely within Georgia between Georgia residents, without regard to any conflict-of-law provisions. Further, in any arbitration, both parties agree the arbitrator shall honor claims of privilege and privacy recognized under Georgia law.
Enforcement of Arbitration Award: The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
Severability: If any portion of this Dispute Resolution section (with the exception of the Waiver of Class Arbitration subsection) is deemed invalid or unenforceable by any arbitrator or court of competent jurisdiction, the invalid or unenforceable portion shall be severed and removed from the Terms, and the remaining portions (including the Agreement to Arbitrate Disputes subsection) shall remain binding on you and Every. If any arbitrator deems the Waiver of Class Arbitration subsection to be invalid or unenforceable, then the entire Agreement to Arbitrate Disputes subsection shall be null and void. Under such circumstances, you expressly acknowledge and agree that the Governing Law and Jurisdiction subsections apply to any disputes between you and Every, and both parties consent to exclusive jurisdiction and venue in such courts.
Jurisdiction: If, in any dispute, the Agreement to Arbitrate Disputes subsection is determined to be invalid or unenforceable, notwithstanding the Severability subsection above, or null and void by any arbitrator or court of competent jurisdiction, or if the dispute seeks injunctive remedies arising from a violation of your or Every’s intellectual property rights, the dispute shall be resolved by a state or federal court located in Cobb County, Georgia, USA. The parties agree to submit to such Georgia state or federal courts’ personal jurisdiction for the purposes of litigating any such dispute. This subsection does not apply disputes made in small claims court.
Miscellaneous. These Terms and policies incorporated herein are the entire Agreement between you and Every. They supersede any and all prior or contemporaneous agreements between you and Every relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of Every to partially or fully exercise any rights, or the waiver of Every of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Every or be deemed a waiver by Every of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Every under these Terms and any other applicable agreement between you and Every shall be cumulative, and the exercise of any such right or remedy shall not limit Every’s right to exercise any other right or remedy.