Guidelines and Terms of Use

Please review the following guidelines and terms of use ("Guidelines and Terms of Use") which constitute a binding license agreement that condition your use of EverOut ("website" or "site"). If you choose not to be bound by the Guidelines and Terms of Use, please leave this website. If you remain on this site, or return thereafter, you agree to be bound by the Guidelines and Terms of Use.

Content Posting Guidelines

You agree not to use this site to: (A) publish content that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, invasive of another's privacy, or reflective of racial or ethnic bias; (B) misrepresent your identity; (C) post an advertisement that infringes any trademark, patent, trade secret, copyright or other proprietary right of another party; (D) include any information about an individual other than yourself in a listing; (E) post any material that contains software viruses or any other damaging computer programs; or (F) delete or alter any material posted by another user. The information you provide on this site shall not: (A) violate any law, statute, ordinance or regulation; (B) be fraudulent or involve the sale of illegal items; (C) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (D) be false, inaccurate or misleading; (E) contain any software viruses or any other damaging computer programs; (F) discriminate on the grounds of race, religion, national origin, gender, disability, age, marital status, or sexual orientation; or (G) refer to matters prohibited by law. If you fail to comply with these Content Posting Guidelines and subject to our Copyright Infringement Policy and Takedown Procedure, we may take down your listing or suspend your account at our discretion and without notice. We reserve the right to refuse to provide services for any reason and with no warning.

Permission to Use

The user of this website grants EverOut a world-wide, royalty-free, non-exclusive, perpetual, irrevocable and fully sub-licensable license to use, distribute, publish, reproduce, modify, adapt, translate, publicly perform and publicly display (in whole or in part) all graphics, photographs, audio recordings, video recordings, or other content you post on, or link to from, this website, along with the right to incorporate any such content into other works in any format or medium now known or later developed.

Use of Material Published by EverOut

Except for material in the public domain, the content on this website is protected by intellectual property laws, including U.S. copyright laws. All content is copyrighted by Index Newspapers LLC. All content of this site and its feeds are for personal non-commercial use and not for further dissemination in any medium.

Links

EverOut has no control over and is not responsible for the content in linked sites and makes no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation, or endorsement and you access them at your own risk.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. EVEROUT SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND IN THE ADS ON THIS SITE. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. THIS SITE IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE. NEITHER EVEROUT NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT VIA THIS WEBSITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. If you are dissatisfied with the website, or any aspect thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.

Modifications/Termination

The terms of the Guidelines and Terms of Use will not be modified on an individual basis. You agree that EverOut may modify the Guidelines and Terms of Use (or discontinue this website) in its sole discretion, without advance notice, and that your right to access this site is conditioned on an ongoing basis with your compliance with the then-current version of the Guidelines and Terms of Use.

Indemnity

You agree to indemnify and hold harmless EverOut, its affiliated and parent companies, employees, and agents from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the website, the violation of these terms by you, or the infringement by you, or others using your computer to access this website, of any intellectual property or other right of any person or entity. EverOut reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Jurisdiction

EverOut's website is hosted on servers located in the United States of America and is intended to be viewed by residents of the United States only. In the event of any dispute arising out of or relating to this website, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Seattle, Washington. You also agree that regardless of any statute or law to the contrary, any lawsuit asserting claims or causes of action arising out of or related to use of this website or these Guidelines and Terms of Use must be filed and served within one (1) year after such claim or cause of action accrues or be forever barred.

Severance and Waiver

You, the user, acknowledge and agree that if any provision of the Guidelines and Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Guidelines and Terms of Use and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that EverOut may fully cooperate with any law enforcement authorities or court order requesting or directing disclosure of information or materials in EverOut's possession. Furthermore, if any provision of the Guidelines and Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the invalid provision. EverOut's failure to exercise or enforce any right or provision of the Guidelines and Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EverOut.